Commonwealth Numbered Regulations - Explanatory Statements

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RURAL INDUSTRIES RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS(AMENDMENT) 1992 NO. 201

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 201

Issued by the authority of the Minister of State for Primary Industries and Energy

Primary Industries and Energy Research and Development Act

Rural Industries Research and Development Corporation Regulations (Amendment)

Rural Industries Research and Development Corporation (Deer) Regulations

Section 149 of the Primary Industries and Energy Research and Development Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 5(1) of the Act provides for the regulations to declare a levy to be attached to a Research and Development Corporation. The Regulations attach to the Rural Industries Research and Development Corporation the specified levies and charges imposed by the Deer Slaughter Levy Act 1992, the Deer Export Charge Act 1992, the Deer Velvet Levy Act 1992 and the Deer Velvet Export Charge Act 199 (the deer industry levy and charge Acts).

Paragraph 5(3)(a) of the Act provides that, where a levy or class of levies is declared by the regulations to be attached to the Corporation, the regulations must declare the whole or a specified proportion of the levy, or of each levy in a class of levies, to be the research component of the levy. The whole of each of the specified deer industry levies and charges imposed under the above Acts are declared by the Regulations to be the research component of the levy or charge.

Paragraph 5(3) (b) of the Act provides that the regulations must also declare a primary industry to be the primary industry to which the levy, or each levy included in the class of levies, relates. The Regulations declare the deer industry to be the primary industry to which the specified levies relate.

Paragraph 5(3)(b) further states that if the levy is attached to a Research and Development Corporation, the primary industry so declared must be the primary industry in respect of which the Corporation is established. Subsection 9(2) of the Act makes provision for the regulations to specify the primary industries in respect of which the Rural Industries Research and Development Corporation is established. The Regulations extend the Rural Industries Research and Development Corporation's responsibilities to include the deer industry.

Section 40 of the Act provides that the regulations may require a Research and Development Corporation to keep separate accounting records in relation to the funding of specified classes of Research and Development activities, and to specify the amounts to be credited and debited in the accounting records. Section 40 further provides for the regulations to make provision in relation to the expenditure of money to which the accounting records relate. The Regulations require the Rural Industries Research and Development Corporation to keep separate accounting records in respect of deer industry research and development activities in accordance with the provisions of section 40.

The Regulations, together with the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations, comprise a package of regulations which give effect to the deer industry levy and charge Acts and commence on 1 July 1992, the date of commencement of the deer industry levy and charge Acts.

Details of the Rural Industries Research and Development Corporation Regulations (Amendment) are provided in Attachment A.

Details of the Rural Industries Research and Development Corporation (Deer) Regulations are provided in Attachment B.

ATTACHMENT A

DETAILS OF THE RURAL INDUSTRIES RESEARCH AND DEVELOP CORPORATION REGULATIONS (AMENDMENT)

Regulation 1 gives the date of commencement of the Regulations as 1 July 1992.

Regulation 2 defines the Regulations to be amended as the Rural Industries Research and Development Corporation Regulations.

Regulation 3 specifies the deer industry as a primary industry in respect of which the Rural Industries Research and Development Corporation is established. Subregulation 3(1) of regulation 3 (Primary Industries) is amended by inserting new paragraph 3(1)(da) which defines the deer industry as the industry concerned with the raising, breeding and slaughter of deer; the export of live deer; and the production, processing and export of deer velvet.


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