Grape and Wine Research and Development Corporation Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 1322

I, WILLIAM PATRICK DEANE, 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 13 June 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

JUDITH TROETH

Parliamentary Secretary to the Minister for Agriculture,

Fisheries and Forestry

1 Name of Regulations

  These Regulations are the Grape and Wine Research and Development Corporation Amendment Regulations 2001 (No. 1).

2 Commencement

  These Regulations commence on 1 July 2001.

3 Amendment of Grape and Wine Research and Development Regulations

  Schedule 1 amends the Grape and Wine Research and Development Corporation Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

  These Regulations are the Grape and Wine Research and Development Corporation Regulations 1991.

[2] Regulation 3

substitute

3 Definitions

  In these Regulations:

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

Corporation means the Corporation declared by regulation 4 to be established.

grape industry means the industry in Australia concerned with the production of grapes for processing, other than processing by drying.

grape product has the same meaning as in the Australian Wine and Brandy Corporation Act 1980.

wine industry means the industry in Australia concerned with the storage, distribution, marketing and sale of grape product or with the making of wine.

[3] Regulation 4

omit

An

insert

For section 8 of the Act, an

[4] Regulations 5, 6 and 7

substitute

5 Levy attached to Corporation

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

 (a) the levy imposed under Schedule 13 to the Primary Industries (Excise) Levies Act 1999; and

 (b) the levy imposed under Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

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

 (a) the whole of the levy mentioned in paragraph (1) (a) is the research component of the levy; and

 (b) the research component of the levy mentioned in paragraph (1) (b) is the part of the levy mentioned in paragraph 7 (1) (b) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999.

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

 (a) the grape industry is the primary industry to which the levy referred to in paragraph (1) (a) relates; and

 (b) the wine industry is the primary industry to which the levy referred to in paragraph (1) (b) relates.

6 Gross value of production

 (1) For subsection 32 (2) of the Act, the Minister must determine the gross value of production of grape and grape product, for a financial year (the relevant financial year), by using:

where:

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

B is the value of the grape and grape product produced in the financial year immediately before the relevant financial year (the previous financial year).

C is the value of the grape and grape product produced in the financial year immediately before the previous financial year.

 (2) In subregulation (1), a reference to the value of grape and grape product produced, or to the estimated value of grape and grape product to be produced, in a financial year is a reference to the production figures supplied by the Australian Bureau of Agricultural and Resource Economics:

 (a) that show:

 (i) the gross value of grape produced by the grape industry in that financial year; 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 by the wine industry in that financial year; or

 (ii) the estimated gross value of grape product to be produced by the wine industry in that financial year.

7 Accountability to representative organisations

  For subparagraph 29 (b) (iii) of the Act, the grape industry and the wine industry are prescribed.

[5] Regulation 8

omit

the purposes of

Notes

1. These Regulations amend Statutory Rules 1991 No. 75.

2. Notified in the Commonwealth of Australia Gazette on 20 June 2001.