Federal Register of Legislation - Australian Government

Primary content

SR 1991 No. 75 Regulations as made
Principal Regulations
Administered by: Agriculture
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-May-1991
Tabled Senate07-May-1991
Gazetted 30 Apr 1991
Date of repeal 01 Jul 2014
Repealed by Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013

 

 

 

 

 

 

 

 

Statutory  Rules  1991   No. 751

__________________

 

 

Grape and Wine

Research and Development Corporation

Regulations

 

I, THE 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 18 April 1991.

 

                                                                                        BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

 

JOHN KERIN

Minister of State for Primary Industries

and Energy

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Citation

                1.  These Regulations may be cited as the Grape and Wine Research and Development Corporation Regulations.

 

 

Commencement

                2.  These Regulations commence on 2 July 1991.

 

 

Interpretation

                3.  In these Regulations, unless the contrary intention appears:
“Corporation” means the Grape and Wine Research and Development Corporation specified in regulation 4;

“grape industry” means the industry concerned with the production of grapes for processing except by drying;

“grape product” has the same meaning as in the Australian Wine and Brandy Corporation Act 1980;

“prescribed goods” has the same meaning as in the Wine Grapes Levy Act 1979;

“the Act” means the Primary Industries and Energy Research and Development Act 1989;

“wine industry” means the industry concerned with the storage, distribution, marketing and sale of grape product or with the making of wine;

“wine-making process” has the same meaning as in the Wine Grapes Levy Act 1979.

 

 

Establishment of the Corporation

                4.  An R & D Corporation, to be known as the Grape and Wine Research and Development Corporation, is declared to be established in respect of:

               (a)  the grape industry; and

               (b)  the wine industry.

 

 

Levies attached to the Corporation

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

               (a)  the levy imposed by section 6 of the Grape Research Levy                 Act 1986; and

               (b)  the levy imposed by section 5 of the Wine Grapes Levy Act                1979.

 

               (2)  For the purposes of paragraph 5 (3) (a) of the Act:

               (a)  the research component of the levy referred to in paragraph (1) (a) is declared to be the whole of the levy; and

               (b)  the research component of the levy referred to in paragraph (1) (b) is declared to be the part of the levy mentioned in paragraph 6 (1) (g) of the Wine Grapes Levy Act 1979.

 

               (3)  For the purposes of paragraph 5 (3) (b) of the Act;

               (a)  the grape industry; and

               (b)  the wine industry;

are the primary industries to which the levies referred to in subregulation (1) relate.

 

 

Gross value of production of grape and grape product

           6. (1)  For the purposes of subsection 32 (2) of the Act, the Minister is to determine the gross value of the production of grape and grape product for a financial year (in this regulation called “relevant year”) in accordance with the formula:

 

A+B

3

where:

A is the estimated value of grape and grape product to be produced in the relevant year; and

B is the value of grape and grape product produced in the 2 financial years immediately before the relevant year.

 

               (2)  A reference to the value of grape and grape product produced or to be produced in a financial year is a reference to the figures supplied by the Australian Bureau of Agricultural and Resource Economics:

               (a)  that show:

                           (i)  the gross value of grape produced; or

                          (ii)  the estimated gross value of grape to be produced;

                                 by the grape industry in that financial year; and

               (b)  that show:

                           (i)  the gross value of grape product produced; or

                          (ii)  the estimated gross value of grape product to be                      produced;

                     by the wine industry in that financial year.

 

Accountability to representative organisations

                7.  For the purposes of subparagraph 29 (b) (iii) of the Act:

               (a)  the grape industry; and

               (b)  the wine industry;

are prescribed primary industries.

 

 

 

Separate accounting records

                8.  For the purposes of section 40 of the Act, the Corporation must keep separate accounting records in relation to R & D activities carried out:

               (a)  in accordance with a joint venture agreement; or

               (b)  by a subsidiary of the Corporation.

 

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NOTE

 

1.      Notified in the Commonwealth of Australia Gazette on 30 April 1991.