Fisheries Research and Development Corporation Regulations 1991
Statutory Rules No. 91, 1991
made under the
Primary Industries Research and Development Act 1989
Compilation No. 17
Compilation date: 3 September 2016
Includes amendments up to: F2016L01382
Registered: 7 September 2016
About this compilation
This compilation
This is a compilation of the Fisheries Research and Development Corporation Regulations 1991 that shows the text of the law as amended and in force on 3 September 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name of Regulations
These Regulations are the Fisheries Research and Development Corporation Regulations 1991.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Primary Industries Research and Development Act 1989.
Corporation means the Fisheries Research and Development Corporation specified in regulation 4.
fish means all living aquatic natural resources of:
(a) rivers; or
(b) estuaries; or
(c) the sea; or
(d) the seabed; or
(e) waters within the limits of Australia.
fishing industry includes any industry or activity carried on in or from Australia concerned with:
(a) taking; or
(b) culturing; or
(c) processing; or
(d) preserving; or
(e) storing; or
(f) transporting; or
(g) marketing; or
(h) selling;
fish or fish products.
fish products means all products derived from:
(a) culturing; or
(b) processing; or
(c) preserving;
fish.
4 Establishment of the Fisheries Corporation
An R & D Corporation to be known as the Fisheries Research and Development Corporation is declared to be established in respect of the fishing industry.
4A Levies attached to the Corporation—fishing
(1) For paragraph 5(1)(a) of the Act, the levy imposed by section 5 of the Fishing Levy Act 1991 is attached to the Corporation.
(2) For paragraph 5(3)(a) of the Act, for a financial year mentioned in an item of the following table, the research component of the levy mentioned in subregulation (1) is the percentage of the levy mentioned in the item.
Item | For the financial year commencing on ... | the percentage of the levy is ... |
1 | 1 July 1999 | 10.3% |
2 | 1 July 2000 | 10.1% |
3 | 1 July 2001 | 10.4% |
4 | 1 July 2002 | 9.5% |
5 | 1 July 2003 | 8.7% |
6 | 1 July 2004 | 8.2% |
7 | 1 July 2005 | 6.7% |
8 | 1 July 2006 | 12.35% |
9 | 1 July 2007 | 7.51% |
10 | 1 July 2008 | 7.64% |
11 | 1 July 2009 | 5.66% |
12 | 1 July 2010 | 5.61% |
13 | 1 July 2011 | 4.89% |
14 | 1 July 2012 | 4.88% |
15 | 1 July 2013 | 6.09% |
16 | 1 July 2014 | 6.11% |
17 | 1 July 2015 | 5.82% |
(3) For paragraph 5(3)(b) of the Act, the fishing industry is the primary industry to which the levy mentioned in subregulation (1) relates.
(4) If the Corporation has received levy payments during a financial year mentioned in an item of the table in subregulation (2), the amount of the research component of the levy for that year is to be reduced by any payments of levy already made to the Corporation for that year.
4B Levies attached to the Corporation—farmed prawns
(1) For paragraph 5(1)(a) of the Act, the following are attached to the Corporation:
(a) the levy imposed by clause 3.2 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999;
(b) the charge imposed by clause 2.2 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000.
(2) For paragraph 5(3)(a) of the Act, the research component of the levies mentioned in subregulation (1) is the whole of the levies.
(3) For paragraph 5(3)(b) of the Act, the fishing industry is the primary industry to which the levies mentioned in subregulation (1) relate.
4C Gross value of production of fishing industry
(1) In this regulation:
fishing industry means that part of the fishing industry concerned with taking or culturing fish or fish products, whether managed by or on behalf of the Commonwealth, a State or a Territory.
(2) For subsection 30A(5) of the Act, the Minister must determine the total GVP for a financial year (the relevant financial year) by using:
where:
A is the estimated gross value of production of the fishing industry in the relevant financial year.
B is the gross value of production of the fishing industry in the financial year immediately before the relevant financial year (the previous financial year).
C is the gross value of production of the fishing industry in the financial year immediately before the previous financial year.
(3) For A, B and C in subregulation (2), the amount for the gross value of production is the figure supplied by the Department of Agriculture, Fisheries and Forestry.
4D Gross value of production of Commonwealth managed fisheries
(1) In this regulation:
Commonwealth fishing industry means that part of the fishing industry:
(a) concerned with taking or culturing fish or fish products; and
(b) managed by or on behalf of the Commonwealth.
(2) For subsection 30A(5) of the Act, the Minister must determine the Commonwealth GVP for a financial year (the relevant financial year) by using:
where:
A is the estimated gross value of production of the Commonwealth fishing industry in the relevant financial year.
B is the gross value of production of the Commonwealth fishing industry in the financial year immediately before the relevant financial year (the previous financial year).
C is the gross value of production of the Commonwealth fishing industry in the financial year immediately before the previous financial year.
(3) For A, B and C in subregulation (2), the amount for the gross value of production is the figure supplied by the Department of Agriculture, Fisheries and Forestry.
4E Gross value of production of State or Territory managed fisheries
(1) In this regulation:
State or Territory fishing industry means that part of the fishing industry:
(a) concerned with taking or culturing fish or fish products; and
(b) managed by or on behalf of a State or Territory.
(2) For subsection 30A(5) of the Act, the Minister must determine the State or Territory GVP for a financial year (the relevant financial year) by using:
where:
A is the estimated gross value of production of the State or Territory fishing industry in the relevant financial year.
B is the gross value of production of the State or Territory fishing industry in the financial year immediately before the relevant financial year (the previous financial year).
C is the gross value of production of the State or Territory fishing industry in the financial year immediately before the previous financial year.
5 Annual Report
For the purposes of paragraph 28(d) of the Act, the fishing industry is a prescribed primary industry.
6 Accountability to representative organisations
For the purposes of subparagraph 29(b)(iii) of the Act, the fishing industry is a prescribed primary industry.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
91, 1991 | 6 May 1991 | 2 July 1991 (r 2) | |
17, 1992 | 31 Jan 1992 | 3 Feb 1992 (r 1 and gaz 1992, No. GN1) | — |
186, 1995 | 4 July 1995 | 3 Feb 1992 (r 1 and gaz 1992, No GN1) | — |
414, 1995 | 19 Dec 1995 | 1 July 1994 ( r 1) | — |
239, 1996 | 30 Oct 1996 | r 4: 30 Oct 1996 (r 1)
Remainder: 1 July 1995 | — |
90, 1998 | 21 May 1998 | 1 July 1996 (r 1) | |
as amended by | | | |
270, 2000 | 5 Oct 2000 | r 4 and Sch 3: (2000 No 270 below) | — |
270, 2000 | 5 Oct 2000 | r 1–3 and Sch 1: 1 July 1997 (r 2(a))
r 4 and Sch 3: 5 Oct 2000 (r 2(b))
Remainder: 1 July 1998 | — |
232, 2001 | 5 Sept 2001 | 1 Oct 2001 (r 2) | — |
92, 2006 | 9 May 2006 (F2006L01452) | Sch 1 (item 2):1 July 2000 (r 2(b))
Sch 1 (item 3):1 July 2001 (r 2(c))
Sch 1 (item 4):1 July 2002 (r 2(d))
Sch 1 (item 5):1 July 2003 (r 2(e))
Sch 1 (item 6):1 July 2004 (r 2(f))
Sch 1 (item 7):1 July 2005 (r 2(g))
Sch 1 (item 8):10 May 2006 (r 2(h))
Remainder: 1 July 1999 (r 2(a)) | — |
46, 2007 | 29 Mar 2007 (F2007L00873) | r 1–3: 30 Mar 2007 (r 2(a))
Sch 1: 1 July 2006 (r 2(b)) | — |
83, 2008 | 30 May 2008 (F2008L01554) | 31 May 2008 (r 2) | — |
73, 2009 | 15 May 2009 (F2009L01792) | 16 May 2009 (r 2) | — |
126, 2010 | 18 June 2010 (F2010L01584) | 19 June 2010 (r 2) | — |
71, 2011 | 6 June 2011 (F2011L00955) | 7 June 2011 (r 2) | — |
48, 2012 | 23 Apr 2012 (F2012L00909) | 24 Apr 2012 (r 2) | — |
87, 2013 | 3 June 2013 (F2013L00895) | 4 June 2013 (r 2) | — |
45, 2014 | 16 May 2014 (F2014L00556) | 17 May 2014 (r 2) | — |
93, 2015 | 26 June 2015 (F2015L00948) | Sch 1: 27 June 2015 (s 2(1) item 1) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Fisheries Research and Development Corporation Amendment (Fishing Levy) Regulation 2016 | 2 Sept 2016 (F2016L01382) | 3 Sept 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
r 1..................... | rs No 270, 2000 |
r 2..................... | rep LA s 48D |
r 3..................... | am No 17, 1992; No 232, 2001; No 93, 2015 |
r 4..................... | am No 17, 1992 |
r 4A.................... | ad No 17, 1992 |
| rs No 186, 1995 |
| am No 414, 1995; No 239, 1996; No 90, 1998 |
| rs No 270, 2000 |
| am No. 270, 2000; No 232, 2001; No 92, 2006; No 46, 2007; No 83, 2008; No 73, 2009; No 126, 2010; No 71, 2011; No 48, 2012; No 87, 2013; No 45, 2014; No 93, 2015; F2016L01382 |
r 4B.................... | ad No 17, 1992 |
| rs No 232, 2001 |
r 4C.................... | ad No 17, 1992 |
| rs No 232, 2001 |
r 4D.................... | ad No 239, 1996 |
| rs No 232, 2001 |
r 4E.................... | ad No 232, 2001 |
r 5..................... | am No 17, 1992; No 93, 2015 |
r 6..................... | am No 17, 1992 |