Rural Industries Research and Development Corporation Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 1332

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.

Dated 13 June 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JUDITH TROETH

1 Name of Regulations

  These Regulations are the Rural Industries Research and Development Corporation Amendment Regulations 2001 (No. 1).

2 Commencement

  These Regulations commence on 1 July 2001.

3 Rural Industries Research and Development Corporation (Deer) Regulations — repeal

  Statutory Rules 1992 No. 202 is repealed.

4 Amendment of Rural Industries Research and Development Corporation Regulations 2000

  Schedule 1 amends the Rural Industries Research and Development Corporation Regulations 2000.

Schedule 1 Amendments

(regulation 4)

Do not delete: Schedule Part Placeholder

[1] Part 2, after Division 8

insert

Division 9 Deer levy

31 Definitions

  In this Division:

deer industry means the industry in Australia that is concerned with:

 (a) the raising, breeding and slaughter of deer; and

 (b) the export of live deer; and

 (c) the production, processing and export of deer velvet.

deer levies means:

 (a) levy imposed by clause 2 of Schedule 7 to the Primary Industries (Excise) Levies Act 1999; and

 (b) levy imposed by clause 2 of Schedule 8 to the Primary Industries (Excise) Levies Act 1999; and

 (c) levy imposed by clause 3 of Schedule 8 to the Primary Industries (Excise) Levies Act 1999; and

 (d) charge imposed by clause 2 of Schedule 5 to the Primary Industries (Customs) Charges Act 1999; and

 (e) charge imposed by clause 2 of Schedule 6 to the Primary Industries (Customs) Charges Act 1999.

32 Attachment of deer levies

 (1) For paragraph 5 (1) (a) of the Act, the deer levies are attached to the Corporation.

 (2) For paragraph 5 (3) (a) of the Act, the whole of each of the deer levies is the research component of the levy.

 (3) For paragraph 5 (3) (b) of the Act, the deer industry is the primary industry to which the deer levies relate.

33 Accounting records for deer levies

 (1) For paragraph 40 (1) (a) of the Act, the Corporation must keep separate accounting records of the funding of R & D activities in relation to the deer industry.

 (2) For paragraph 40 (1) (b) of the Act, the following amounts must be credited in the accounting records kept under subregulation (1):

 (a) amounts of deer levies received by the Commonwealth under the Primary Industries Levies and Charges Collection Act 1991 and paid to the Corporation under paragraph 30 (1) (a) of the Act; and

 (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the Act; and

 (c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the deer industry; and

 (d) amounts received by the Corporation:

 (i) from the sale of property paid for in connection with research and development relating to the deer industry; or

 (ii) from the sale of property produced, or from dealing with patents in respect of inventions made in connection with research and development relating to the deer industry; or

 (iii) in respect of work paid for in connection with research and development relating to the deer industry; and

 (e) amounts paid to the Corporation as interest on investment of an amount mentioned in any of paragraphs (a) to (d).

 (3) For paragraph 40 (1) (b) of the Act, all amounts specified in section 33 of the Act that are required to be paid by the Corporation in relation to the deer industry must be debited in the accounting records kept under subregulation (1).

 (4) For subsection 40 (2) of the Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the deer industry.

Note   Regulation numbers 34 to 60 intentionally not used.

[2] Part 3

substitute

Part 3 Gross value of production

61 Method of calculation of gross value of production

 (1) For subsection 32 (2) of the PIERD Act, the Minister must determine the amount of the gross value of production, for a financial year (the relevant financial year), of the produce of a primary industry in respect of which a levy has been attached to the Corporation by using:

where:

A is the estimated value of the leviable goods to be produced in the relevant financial year.

B is the value of the leviable goods produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of the leviable goods produced in the financial year immediately before the previous financial year.

 (2) In subregulation (1), a reference to the value of leviable goods produced or to be produced in a financial year is a reference to the production figure supplied by the Australian Bureau of Agricultural and Resource Economics that shows:

 (a) the gross value of leviable goods produced by the primary industry in that financial year; or

 (b) the estimated gross value of leviable goods to be produced by the primary industry in that financial year.

[3] Further amendments

1. These Regulations amend Statutory Rules 2000 No. 324.

2. Notified in the Commonwealth of Australia Gazette on 20 June 2001.