Rural Industries Research and Development Corporation Regulations 2000
Statutory Rules No. 324, 2000
made under the
Primary Industries and Energy Research and Development Act 1989
Compilation No. 8
Compilation date: 11 May 2016
Includes amendments up to: F2016L00764
Registered: 17 June 2016
About this compilation
This compilation
This is a compilation of the Rural Industries Research and Development Corporation Regulations 2000 that shows the text of the law as amended and in force on 11 May 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of Regulations
2 Commencement
3 Rural Industries Research and Development Corporation Regulations—repeal
4 Transitional
5 Definitions
6 Primary industries for which the Corporation is established
Part 2—Attachment of levies
Division 1—Buffalo levy
7 Definition
8 Attachment of buffalo levies
9 Accounting records for buffalo levies
Division 2—Goat fibre levy
10 Definition
11 Attachment of goat fibre levy
12 Accounting records for goat fibre levy
Division 3—Honey levy
13 Definition
14 Attachment of honey levies
15 Accounting records for honey levies
Division 4—Macropod levy
16 Definition
17 Attachment of macropod levy
18 Accounting for macropod levy
Division 6—Meat chicken levy
22 Definitions
23 Attachment of meat chicken levy
24 Accounting records for meat chicken levy
Division 7—Pasture seed levy
25 Definition
26 Attachment of pasture seed levy
27 Accounting records for pasture seed levy
Division 8—Rice levy
28 Definition
29 Attachment of rice levy
30 Accounting records for rice levy
Division 9—Deer levy
31 Definitions
32 Attachment of deer levies
33 Accounting records for deer levies
Division 10—Bee levy
34 Definition
35 Attachment of bee levies
36 Accounting records for bee levies
Division 11—Ratite (ostrich) levy
37 Definition
38 Attachment of ostrich levy
39 Accounting records for ostrich levy
Division 12—Ginger levy
40 Definition
41 Attachment of ginger levy
42 Accounting records for ginger levy
Division 13—Fodder levy
43 Definitions
44 Attachment of fodder levy
45 Accounting records for fodder levy
Part 3—Gross value of production
61 Method of calculation of gross value of production
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
These Regulations are the Rural Industries Research and Development Corporation Regulations 2000.
These Regulations commence on 1 January 2001.
3 Rural Industries Research and Development Corporation Regulations—repeal
The following Statutory Rules are repealed:
1990 Nos. 198 and 199
1992 Nos. 131 and 201
1995 Nos. 102, 166 and 205
1998 No. 105.
Despite the repeal of regulations by regulation 3, those regulations (as in force or having effect immediately before the commencement of regulation 3) continue to have effect in relation to levies attached to the Corporation before the commencement of regulation 3.
In these Regulations:
Collection Act means the Primary Industries Levies and Charges Collection Act 1991.
Corporation means the Rural Industries Research and Development Corporation established under subsection 9 (1) of the PIRD Act.
Customs Charges Act means the Primary Industries (Customs) Charges Act 1999.
Excise Levies Act means the Primary Industries (Excise) Levies Act 1999.
PIRD Act means the Primary Industries Research and Development Act 1989.
6 Primary industries for which the Corporation is established
(1) For subsection 9 (2) of the PIRD Act, the primary industries in respect of which the Corporation is established are the following:
(a) the growing and harvesting of plants, grains, seeds, fruit or vegetables;
(b) the raising and breeding of animals;
(c) the production and processing of meat and the distribution and sale of meat and meat products;
(d) the production of animal and plant fibres;
(e) the industry concerned with:
(i) the raising, breeding and slaughter of deer;
(ii) the export of live deer;
(iii) the production, processing and export of deer velvet;
(f) the industry concerned with:
(i) the production, processing, sale and distribution of honey, beeswax and pollen;
(ii) the provision of pollination services by honeybees;
(iii) the breeding, sale and distribution of queen bees;
(g) the production, processing, manufacture, distribution and sale of animal milk and animal milk products;
(j) the growing, harvesting and processing of trees;
(k) the production of animal feed;
(l) a primary industry that the Minister specifies under subregulation (2) to be a primary industry for the purposes of subsection 9 (2) of the PIRD Act.
(2) The Minister may, by order, specify a primary industry in respect of which the Corporation is established.
In this Division:
buffalo industry means the part of the primary industry specified in paragraph 6 (1) (c) that is concerned with the raising of buffalo, the production and processing of buffalo meat, and the distribution and sale of buffalo meat and buffalo meat products.
8 Attachment of buffalo levies
(1) For paragraph 5 (1) (a) of the PIRD Act, the following levies are attached to the Corporation:
(a) levy imposed by clause 1 of Schedule 2 to the Excise Levies Act;
(b) charge imposed by clause 1 of Schedule 1 to the Customs Charges Act.
(2) For paragraph 5 (3) (a) of the PIRD Act, the research component of the levy is so much of the levy as is payable because of the operation of:
(a) for levy mentioned in paragraph (1) (a)—paragraph 2 (a) of Schedule 2 to the Excise Levies Act; and
(b) for charge mentioned in paragraph (1) (b)—paragraph 2 (a) of Schedule 1 to the Customs Charges Act.
(3) For paragraph 5 (3) (b) of the PIRD Act, the buffalo industry is the primary industry to which each levy relates.
9 Accounting records for buffalo levies
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the buffalo industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 8 (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the buffalo industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the buffalo industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the buffalo industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities relating to the buffalo industry.
In this Division:
goat fibre levy means levy imposed by clause 2 of Schedule 11 to the Excise Levies Act.
11 Attachment of goat fibre levy
(1) For paragraph 5 (1) (a) of the PIRD Act, goat fibre levy is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the growing of goat fibre is the primary industry to which the levy relates.
12 Accounting records for goat fibre levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities in relation to the growing of goat fibre.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of goat fibre levy received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of goat fibre;
(d) amounts received by the Corporation:
(i) from the sale of property paid for in connection with research and development relating to the growing of goat fibre; or
(ii) from the sale of property produced, or from dealing in patents in respect of inventions made, in connection with research and development relating to the growing of goat fibre; or
(iii) in respect of work paid for in connection with research and development relating to the growing of goat fibre;
(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 PIRD Act, all amounts specified in section 33 of the PIRD Act that are required to be paid by the Corporation in relation to the growing of goat fibre are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the growing of goat fibre.
In this Division:
honeybee industry means the primary industry specified in subparagraphs 6 (1) (f) (i) and (ii).
(1) For paragraph 5 (1) (a) of the PIRD Act, the following levies are attached to the Corporation:
(a) levy imposed by clause 2 of Schedule 14 to the Excise Levies Act;
(b) levy imposed by clause 3 of Schedule 14 to the Excise Levies Act;
(c) charge imposed by clause 2 of Schedule 9 to the Customs Charges Act.
(2) For paragraph 5 (3) (a) of the PIRD Act, the research component of the levy is:
(a) for levy mentioned in paragraph (1) (a)—so much of the levy as is payable because of the operation of paragraph 4 (1) (b) of Schedule 14 to the Excise Levies Act; and
(b) for levy mentioned in paragraph (1) (b)—so much of the levy as is payable because of the operation of paragraph 4 (2) (b) of Schedule 14 to the Excise Levies Act; and
(c) for charge mentioned in paragraph (1) (c)—the whole of the charge.
(3) For paragraph 5 (3) (b) of the PIRD Act, the honeybee industry is the primary industry to which each levy relates.
15 Accounting records for honey levies
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the honeybee industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 14 (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the honeybee industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the honeybee industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the honeybee industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the honeybee industry.
In this Division:
macropod industry means the part of the primary industry specified in paragraph 6 (1) (c) that is concerned with the processing of macropod meat, and the distribution and sale of macropod meat and macropod meat products.
17 Attachment of macropod levy
(1) For paragraph 5 (1) (a) of the PIRD Act, levy imposed by clause 1.2 of Part 1 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the macropod industry is the primary industry to which the levy relates.
18 Accounting for macropod levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the macropod industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 17 (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the macropod industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the macropod industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the macropod industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities relating to the macropod industry.
In this Division:
meat chicken has the same meaning as in Schedule 19 to the Excise Levies Act.
meat chicken industry means the part of the primary industry specified in paragraph 6 (1) (c) that is concerned with the raising of meat chickens, the production and processing of chicken meat, and the distribution and sale of chicken meat and chicken meat products.
23 Attachment of meat chicken levy
(1) For paragraph 5 (1) (a) of the PIRD Act, levy imposed by clause 2 of Schedule 19 to the Excise Levies Act is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, so much of the levy as is payable because of the operation of paragraph 3 (a) of Schedule 19 to the Excise Levies Act is the research component.
(3) For paragraph 5 (3) (b) of the PIRD Act, the meat chicken industry is the primary industry to which the levy relates.
24 Accounting records for meat chicken levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the meat chicken industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 23 (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the meat chicken industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the meat chicken industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealing in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the meat chicken industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the meat chicken industry.
In this Division:
pasture seed levy means levy imposed by clause 2 of Schedule 21 to the Excise Levies Act.
26 Attachment of pasture seed levy
(1) For paragraph 5 (1) (a) of the PIRD Act, pasture seed levy is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the growing of pasture seeds is the primary industry to which the levy relates.
27 Accounting records for pasture seed levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities in relation to the growing of pasture seeds.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of pasture seed levy received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of pasture seeds;
(d) amounts received by the Corporation:
(i) from the sale of property paid for in connection with research and development relating to the growing of pasture seeds; or
(ii) from the sale of property produced in connection with research and development relating to the growing of pasture seeds; or
(iii) from dealing with patents in respect of inventions made in connection with, or intellectual property arising out of, research and development relating to the growing of pasture seeds; or
(iv) in respect of work paid for in connection with research and development relating to the growing of pasture seeds;
(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 PIRD Act, all amounts specified in section 33 of the PIRD Act that are required to be paid by the Corporation in relation to the growing of pasture seeds are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the growing of pasture seeds.
In this Division:
rice levy means levy imposed by clause 2 of Schedule 23 to the Excise Levies Act.
(1) For paragraph 5 (1) (a) of the PIRD Act, rice levy is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the levy relates to the rice‑growing industry.
30 Accounting records for rice levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of funding of R & D activities relating to the growing of rice.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records:
(a) amounts of rice levy received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities in relation to the growing of rice;
(d) amounts received by the Corporation:
(i) from the sale of property paid for in connection with research and development relating to the growing of rice; or
(ii) from the sale of property produced in connection with research and development relating to the growing of rice; or
(iii) from dealing with patents in respect of inventions made in connection with, or intellectual property arising out of, research and development relating to the growing of rice; or
(iv) in respect of work paid for in connection with research and development relating to the growing of rice;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the growing of rice are to be debited in the accounting records.
(4) For subsection 40 (2) of the PIRD Act, amounts credited in the accounting records may be spent only on R & D activities related to the growing of rice.
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.
(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.
In this Division:
queen bee breeding industry means the primary industry specified in subparagraph 6 (1) (f) (iii).
(1) For paragraph 5 (1) (a) of the PIRD Act, the following levies are attached to the Corporation:
(a) levy imposed by clause 5.2 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999;
(b) charge imposed by clause 3.2 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of each levy referred to in subregulation (1) is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the queen bee breeding industry is the primary industry to which the levy relates.
36 Accounting records for bee levies
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the queen bee breeding industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 35 (1) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the queen bee breeding industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the queen bee breeding industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the queen bee breeding industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities in relation to the queen bee breeding industry.
Division 11—Ratite (ostrich) levy
In this Division:
ostrich industry means the part of the primary industry specified in paragraph 6 (1) (c) that is concerned with the raising of ostriches, the production and processing of ostrich meat, and the distribution and sale of ostrich meat and ostrich meat products.
(1) For paragraph 5 (1) (a) of the PIRD Act, levy imposed by clause 7.1 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the ostrich industry is the primary industry to which the levy relates.
39 Accounting records for ostrich levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the ostrich industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 38 (2) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities relating to the ostrich industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to the ostrich industry; or
(ii) from the sale of property produced in the course of carrying out R & D activities relating to that industry; or
(iii) from dealings in patents or other intellectual property arising out of the carrying out of R & D activities relating to that industry; or
(iv) for work paid for by money spent by the Corporation under section 33 of the PIRD Act on R & D activities relating to that industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the ostrich industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40 (2) of the PIRD Act, the only R & D activities on which amounts credited under subregulation (2) can be spent are R & D activities relating to the ostrich industry.
In this Division:
ginger industry means one of the primary industries mentioned in paragraph 6 (1) (a).
(1) For paragraph 5 (1) (a) of the PIRD Act, the levy imposed by clause 9.2 of Part 9 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 is attached to the Corporation.
(2) For paragraph 5 (3) (a) of the PIRD Act, the entire levy is the research component of the levy.
(3) For paragraph 5 (3) (b) of the PIRD Act, the levy is for the ginger industry.
42 Accounting records for ginger levy
(1) For paragraph 40 (1) (a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R & D activities for the ginger industry.
(2) For paragraph 40 (1) (b) of the PIRD Act, the following amounts must be credited in the accounting records:
(a) amounts of ginger levy received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30 (1) (a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R & D activities for the ginger industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for in relation to research and development for the ginger industry; or
(ii) from the sale of property produced in relation to research and development for the ginger industry; or
(iii) from dealing with patents for inventions made in relation to, or intellectual property resulting from, research and development for the ginger industry; or
(iv) for work paid for in relation to research and development for the ginger industry;
(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 PIRD Act, all amounts spent under section 33 of the PIRD Act for the ginger industry must be debited in the accounting records.
(4) For subsection 40 (2) of the PIRD Act, amounts credited in the accounting records under subregulation (2) may be spent only on R & D activities for the ginger industry.
In this Division:
fodder has the same meaning as in Part 5 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000.
fodder industry means the part of the primary industry referred to in paragraph 6(1)(k) that is concerned with the production of fodder for export.
(1) For paragraph 5(1)(a) of the PIRD Act, the charge imposed by clause 5.2 of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000 is a levy attached to the Corporation.
(2) For paragraph 5(3)(a) of the PIRD Act, the whole of the levy is the research component of the levy.
(3) For paragraph 5(3)(b) of the PIRD Act, the fodder industry is the primary industry to which the levy relates.
45 Accounting records for fodder levy
(1) For paragraph 40(1)(a) of the PIRD Act, the Corporation must keep separate accounting records of the funding of R&D activities relating to the fodder industry.
(2) For paragraph 40(1)(b) of the PIRD Act, the following amounts must be credited in the accounting records kept under subregulation (1):
(a) amounts of levy mentioned in subregulation 44(1) that are received by the Commonwealth under the Collection Act and paid to the Corporation under paragraph 30(1)(a) of the PIRD Act;
(b) amounts paid to the Corporation by the Commonwealth under paragraph 30(1)(b) of the PIRD Act;
(c) amounts received by the Corporation as contributions to the cost of R&D activities relating to the fodder industry;
(d) amounts received by the Corporation:
(i) from the sale of property paid for in connection with research and development relating to the fodder industry; or
(ii) from the sale of property produced in connection with research and development relating to the fodder industry; or
(iii) from dealing with patents in respect of inventions made in connection with, or intellectual property arising out of, research and development relating to the fodder industry; or
(iv) in respect of work paid for in connection with research and development relating to the fodder industry;
(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 PIRD Act, all amounts specified in section 33 of the PIRD Act that are required to be paid by the Corporation in relation to the fodder industry are to be debited in the accounting records kept under subregulation (1).
(4) For subsection 40(2) of the PIRD Act, the only R&D activities on which amounts credited under subregulation (2) can be spent are R&D activities relating to the fodder industry.
Part 3—Gross value of production
61 Method of calculation of gross value of production
(1) For subsection 32 (2) of the PIRD 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.
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.
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 |
Number and year | Registration | Commencement | Application, saving and transitional provisions |
2000 No. 324 | 8 Dec 2000 | 1 Jan 2001 |
|
2001 No. 133 | 20 June 2001 | 1 July 2001 | — |
2002 No. 309 | 19 Dec 2002 | 1 Feb 2003 | — |
2003 No. 144 | 26 June 2003 | 1 July 2003 | — |
2003 No. 219 | 28 Aug 2003 | 1 Sept 2003 | — |
2003 No. 290 | 27 Nov 2003 | 1 Jan 2004 | — |
2011 No. 43 | 8 Apr 2011 (see F2011L00591) | 9 Apr 2011 | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Primary Industries Levies and Charges Legislation Amendment (Fodder) Regulation 2016 | 10 May 2016 (F2016L00764) | Sch 1 (items 2–5): 11 May 2016 (s 2(1) items 2–4) | — |
Provision affected | How affected |
Part 1 |
|
r 5..................... | am F2016L00764 |
r. 6..................... | am. 2002 No. 309; F2016L00764 |
Part 2 |
|
Division 1 |
|
r 8..................... | am F2016L00764 |
r. 9..................... | am. 2001 No. 133; F2016L00764 |
Division 2 |
|
r 11.................... | am F2016L00764 |
r. 12.................... | am. 2001 No. 133; F2016L00764 |
Division 3 |
|
r. 13.................... | rs. 2003 No. 144 |
r 14.................... | am F2016L00764 |
r. 15.................... | am. 2001 No. 133; F2016L00764 |
Division 4 |
|
Division 4................ | rs. 2003 No. 290 |
r. 16.................... | rs. 2003 No. 290 |
r. 17.................... | rs. 2003 No. 290 |
| am F2016L00764 |
r. 18.................... | am. 2001 No. 133 |
| rs. 2003 No. 290 |
| am F2016L00764 |
Division 5................ | rep. 2002 No. 309 |
r. 19.................... | rep. 2002 No. 309 |
r. 20.................... | rep. 2002 No. 309 |
r. 21.................... | am. 2001 No. 133 |
| rep. 2002 No. 309 |
Division 6 |
|
r 23.................... | am F2016L00764 |
r. 24.................... | am. 2001 No. 133; F2016L00764 |
Division 7 |
|
r 26.................... | am F2016L00764 |
r. 27.................... | am. 2001 No. 133; F2016L00764 |
Division 8 |
|
r 29.................... | am F2016L00764 |
r. 30.................... | am. 2001 No. 133; F2016L00764 |
Division 9 |
|
Division 9................ | ad. 2001 No. 133 |
r. 31.................... | rs. 2001 No. 133 |
r. 32.................... | ad. 2001 No. 133 |
r. 33.................... | ad. 2001 No. 133 |
Division 10 |
|
Division 10............... | ad. 2003 No. 144 |
r. 34.................... | ad. 2003 No. 144 |
r. 35.................... | ad. 2003 No. 144 |
| am F2016L00764 |
r. 36.................... | ad. 2003 No. 144 |
| am F2016L00764 |
Division 11 |
|
Division 11............... | ad. 2003 No. 219 |
r. 37.................... | ad. 2003 No. 219 |
r. 38.................... | ad. 2003 No. 219 |
| am F2016L00764 |
r. 39.................... | ad. 2003 No. 219 |
| am F2016L00764 |
Division 12 |
|
Division 12............... | ad. 2011 No. 43 |
r. 40.................... | ad. 2011 No. 43 |
r. 41.................... | ad. 2011 No. 43 |
| am F2016L00764 |
r. 42.................... | ad. 2011 No. 43 |
| am F2016L00764 |
Division 13 |
|
Division 13............... | ad F2016L00764 |
r 43.................... | ad F2016L00764 |
r 44.................... | ad F2016L00764 |
r 45.................... | ad F2016L00764 |
Part 3 |
|
Part 3................... | rs. 2001 No. 133 |
r. 61.................... | ad. 2001 No. 133 |
| am F2016L00764 |