These Regulations are the Rural Industries Research and Development Corporation Regulations 2000.
4 Transitional
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.
5 Definitions
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.
Part 2—Attachment of levies
Division 1—Buffalo levy
7 Definition
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.
Division 2—Goat fibre levy
10 Definition
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.
Division 3—Honey levy
13 Definition
In this Division:
honeybee industry means the primary industry specified in subparagraphs 6 (1) (f) (i) and (ii).
14 Attachment of honey levies
(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.
Division 4—Macropod levy
16 Definition
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.
Division 6—Meat chicken levy
22 Definitions
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.
Division 7—Pasture seed levy
25 Definition
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.
Division 8—Rice levy
28 Definition
In this Division:
rice levy means levy imposed by clause 2 of Schedule 23 to the Excise Levies Act.
29 Attachment of rice levy
(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.
Division 9—Deer levy
31 Definitions
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.
32 Attachment of deer levies
(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.
Division 10—Bee levy
34 Definition
In this Division:
queen bee breeding industry means the primary industry specified in subparagraph 6 (1) (f) (iii).
35 Attachment of bee levies
(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
37 Definition
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.
38 Attachment of ostrich levy
(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.
Division 12—Ginger levy
40 Definition
In this Division:
ginger industry means one of the primary industries mentioned in paragraph 6 (1) (a).
41 Attachment of ginger levy
(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.
Division 13—Fodder levy
43 Definitions
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.
44 Attachment of fodder levy
(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.
Division 14—Tea tree oil levy
46 Definitions
In this Division:
tea tree oil has the same meaning as in clause 13.2 of Part 13 of Schedule 37 to the Primary Industries Levies and Charges Collection Regulations 1991.
tea tree oil industry means the part of the primary industry specified in paragraph 6(1)(j) that is concerned with the production of tea tree oil.
47 Attachment of levies
(1) For the purposes of paragraph 5(1)(a) of the PIRD Act, the following levies are declared to be attached to the Corporation:
(a) levy imposed by clause 11.2 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999;
(b) charge imposed by subclause 7.2(1) of Schedule 14 to the Primary Industries (Customs) Charges Regulations 2000.
(2) For the purposes of paragraph 5(3)(a) of the PIRD Act, the whole of each levy referred to in subregulation (1) is declared to be the research component of the levy.
(3) For the purposes of paragraph 5(3)(b) of the PIRD Act, the tea tree oil industry is declared to be the primary industry to which the levy relates.
48 Accounting records for tea tree oil levy
(1) For the purposes of 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 tea tree oil industry.
(2) For the purposes of 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 47(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 tea tree oil industry;
(d) amounts received by the Corporation as follows:
(i) from the sale of property paid for in connection with research and development relating to the tea tree oil industry;
(ii) from the sale of property produced in connection with research and development relating to the tea tree oil industry;
(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 tea tree oil industry;
(iv) in respect of work paid for in connection with research and development relating to the tea tree oil industry;
(e) amounts paid to the Corporation as interest on investment of an amount mentioned in any of paragraphs (a) to (d).
(3) For the purposes of paragraph 40(1)(b) of the PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the tea tree oil industry are to be debited in the accounting records kept under subregulation (1).
(4) For the purposes of 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 tea tree oil industry.
Division 15—Thoroughbred horses levy
49 Definitions
In this Division:
thoroughbred horse has the same meaning as in clause 14.2 of Schedule 37 to the Primary Industries Levies and Charges Collection Regulations 1991.
thoroughbred horse industry means the part of the primary industry specified in paragraph 6(1)(b) that is concerned with the breeding of thoroughbred horses.
50 Attachment of levy
(1) For the purposes of paragraph 5(1)(a) of the PIRD Act, levy imposed by clause 12.1 of Schedule 27 to the Primary Industries (Excise) Levies Regulations 1999 is declared to be attached to the Corporation.
(2) For the purposes of paragraph 5(3)(a) of the PIRD Act, the whole of the levy is declared to be the research component of the levy.
(3) For the purposes of paragraph 5(3)(b) of the PIRD Act, the thoroughbred horse industry is declared to be the primary industry to which the levy relates.
51 Accounting records for thoroughbred horses levy
(1) For the purposes of paragraph 40(1)(a) of the PIRD Act, the Corporation must keep separate accounting records in relation to the funding of R&D activities relating to the thoroughbred horse industry.
(2) For the purposes of 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 50(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 thoroughbred horse industry;
(d) amounts received by the Corporation as follows:
(i) from the sale of property paid for in connection with research and development relating to the thoroughbred horse industry;
(ii) from the sale of property produced in connection with research and development relating to the thoroughbred horse industry;
(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 thoroughbred horse industry;
(iv) in respect of work paid for in connection with research and development relating to the thoroughbred horse industry;
(e) amounts paid to the Corporation as interest on investment of an amount mentioned in any of paragraphs (a) to (d).
(3) For the purposes of paragraph 40(1)(b) of the PIRD Act, all amounts spent under section 33 of the PIRD Act in relation to the thoroughbred horse industry are to be debited in the accounting records kept under subregulation (1).
(4) For the purposes of 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 thoroughbred horse 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:
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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.
Division Division 14 - Rural Industries Research and Development Corporation Regulations 2000 - Tea tree oil levy | Zoe