Statutory Rules 1990 No. 2351

Grains Research and Development

Corporation Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.

Dated 5 July 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

J. Kerin

Minister of State for Primary Industries

and Energy

Citation

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

Commencement

2. These Regulations commence on 1 October 1990.

Interpretation

3. In these Regulations, unless the contrary intention appears:

“Corporation” means the Grains Research and Development Corporation specified in regulation 4:

“grain legumes” means leviable grain legumes within the meaning of the Grain Legumes Levy Act 1985:

“grains” means barley, grain legumes, linseed, rapeseed, safflower seed, soybeans, sunflower seed, triticale and wheat:

“grains industry” means the industry concerned with the production, processing, manufacture, distribution and sale of grains:

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

(S.R. 55/90)—Cat. No. 14/29.6.1990

Establishment of the Grains Corporation

4. An R & D Corporation to be known as the Grains Research and Development Corporation is declared to be established in respect of the grains industry.

Levies attached to the Corporation

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

(a) the levy imposed by section 5 of the Barley Research Levy Act 1980;

(b) the levy imposed by section 6 of the Grain Legumes Levy Act 1985;

(c) the levy imposed by section 5 of the Oilseeds Levy Act 1977;

(d) the levy imposed by section 5 of the Triticale Levy Act 1988;

(e) that percentage of the levy imposed by section 5 of the Wheat Industry Fund Levy Act 1989 that is equal to the percentage of the value of leviable wheat on which levy is imposed as determined under subsection 85 (3) of the Wheat Marketing Act 1989.

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

(3) For the purposes of paragraph 5 (3) (b) of the Act, the grains industry is the primary industry to which the levy relates.

Gross value of production of grain

6. (1) The Minister is to determine the gross value of the production of grain for a financial year (in this regulation called “relevant year”) by calculating that value in accordance with the formula:

where:

A is the value of grain produced in the financial year ending 1 year before the start of the relevant year: and

B is the value of grain produced in the financial year immediately before the relevant year: and

C is the estimated value of grain to be produced in the relevant year.

(2) A reference to the value of grain 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 grain produced; or

(b) the estimated gross value of grain to be produced;

by the grains industry in that financial year.

Separate accounting records

7. 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.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 12 July 1990.

Printed by Authority by the Commonwealth Government Printer