Rural Industries Research and Development Corporation Regulations 1990

Rural Industries Research and Development Corporation Regulations 2000 Statutory Rules 2000 No. 324 as amended made under the Primary Industries and Energy Research and Development Act 1989 This compilation was prepared on 1 January 2003 taking into account amendments up to SR 2003 No. 290 Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Contents Page 2 Rural Industries Research and Development Corporation Regulations 2000 Contents Part 1 Preliminary 1 Name of Regulations [see Note 1] 4 2 Commencement 4 3 Rural Industries Research and Development Corporation Regulations — repeal 4 4 Transitional 4 5 Definitions 4 6 Primary industries for which the Corporation is established 5 Part 2 Attachment of levies Division 1 Buffalo levy 7 Definition 7 8 Attachment of buffalo levies 7 9 Accounting records for buffalo levies 7 Division 2 Goat fibre levy 10 Definition 9 11 Attachment of goat fibre levy 9 12 Accounting records for goat fibre levy 9 Division 3 Honey levy 13 Definition 10 14 Attachment of honey levies 10 15 Accounting records for honey levies 11 Division 4 Macropod levy 16 Definition 12 17 Attachment of macropod levy 12 18 Accounting for macropod levy 13 Division 6 Meat chicken levy 22 Definitions 14 23 Attachment of meat chicken levy 14 24 Accounting records for meat chicken levy 14 Contents Page Rural Industries Research and Development Corporation Regulations 2000 3 Division 7 Pasture seed levy 25 Definition 16 26 Attachment of pasture seed levy 16 27 Accounting records for pasture seed levy 16 Division 8 Rice levy 28 Definition 17 29 Attachment of rice levy 17 30 Accounting records for rice levy 18 Division 9 Deer levy 31 Definitions 19 32 Attachment of deer levies 19 33 Accounting records for deer levies 20 Division 10 Bee levy 34 Definition 21 35 Attachment of bee levies 21 36 Accounting records for bee levies 21 Division 11 Ratite (ostrich) levy 37 Definition 23 38 Attachment of ostrich levy 23 39 Accounting records for ostrich levy 23 Part 3 Gross value of production 61 Method of calculation of gross value of production 25 Notes 26 Part 1 Preliminary Regulation 1 4 Rural Industries Research and Development Corporation Regulations 2000 Part 1 Preliminary 1 Name of Regulations [see Note 1] These Regulations are the Rural Industries Research and Development Corporation Regulations 2000. 2 Commencement 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. 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 PIERD Act. Preliminary Part 1 Regulation 6 Rural Industries Research and Development Corporation Regulations 2000 5 Customs Charges Act means the Primary Industries (Customs) Charges Act 1999. Excise Levies Act means the Primary Industries (Excise) Levies Act 1999. PIERD Act means the Primary Industries and Energy Research and Development Act 1989. 6 Primary industries for which the Corporation is established (1) For subsection 9 (2) of the PIERD 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 PIERD Act. Part 1 Preliminary Regulation 6 6 Rural Industries Research and Development Corporation Regulations 2000 (2) The Minister may, by order, specify a primary industry in respect of which the Corporation is established. Attachment of levies Part 2 Buffalo levy Division 1 Regulation 9 Rural Industries Research and Development Corporation Regulations 2000 7 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 PIERD 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 PIERD 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 PIERD 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 PIERD Act, the Corporation must keep separate accounting records of the funding of R & D activities relating to the buffalo industry. Part 2 Attachment of levies Division 1 Buffalo levy Regulation 9 8 Rural Industries Research and Development Corporation Regulations 2000 (2) For paragraph 40 (1) (b) of the PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD 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 PIERD 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. Attachment of levies Part 2 Goat fibre levy Division 2 Regulation 12 Rural Industries Research and Development Corporation Regulations 2000 9 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 PIERD Act, goat fibre levy is attached to the Corporation. (2) For paragraph 5 (3) (a) of the PIERD Act, the whole of the levy is the research component of the levy. (3) For paragraph 5 (3) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 Part 2 Attachment of levies Division 3 Honey levy Regulation 13 10 Rural Industries Research and Development Corporation Regulations 2000 (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 PIERD Act, all amounts specified in section 33 of the PIERD 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 PIERD 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 PIERD 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. Attachment of levies Part 2 Honey levy Division 3 Regulation 15 Rural Industries Research and Development Corporation Regulations 2000 11 (2) For paragraph 5 (3) (a) of the PIERD 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 PIERD 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 PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD 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 Part 2 Attachment of levies Division 4 Macropod levy Regulation 12 Rural Industries Research and Development Corporation Regulations 2000 (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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD 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 PIERD 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 PIERD 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 PIERD Act, the whole of the levy is the research component of the levy. (3) For paragraph 5 (3) (b) of the PIERD Act, the macropod industry is the primary industry to which the levy relates. Attachment of levies Part 2 Macropod levy Division 4 Regulation 18 Rural Industries Research and Development Corporation Regulations 2000 13 18 Accounting for macropod levy (1) For paragraph 40 (1) (a) of the PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD Act in relation to the macropod industry are to be debited in the accounting records kept under subregulation (1). Part 2 Attachment of levies Division 6 Meat chicken levy Regulation 22 Definitions 14 Rural Industries Research and Development Corporation Regulations 2000 (4) For subsection 40 (2) of the PIERD 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 PIERD 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 PIERD 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 PIERD 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 PIERD 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 PIERD Act, the following amounts must be credited in the accounting records kept under subregulation (1): Attachment of levies Part 2 Meat chicken levy Division 6 Regulation 24 Rural Industries Research and Development Corporation Regulations 2000 15 (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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD 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 PIERD 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. Part 2 Attachment of levies Division 7 Pasture seed levy Regulation 25 16 Rural Industries Research and Development Corporation Regulations 2000 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 PIERD Act, pasture seed levy is attached to the Corporation. (2) For paragraph 5 (3) (a) of the PIERD Act, the whole of the levy is the research component of the levy. (3) For paragraph 5 (3) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 Attachment of levies Part 2 Rice levy Division 8 Regulation 29 Rural Industries Research and Development Corporation Regulations 2000 17 (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 PIERD Act, all amounts specified in section 33 of the PIERD 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 PIERD 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 PIERD Act, rice levy is attached to the Corporation. (2) For paragraph 5 (3) (a) of the PIERD Act, the whole of the levy is the research component of the levy. Part 2 Attachment of levies Division 8 Rice levy Regulation 30 18 Rural Industries Research and Development Corporation Regulations 2000 (3) For paragraph 5 (3) (b) of the PIERD Act, the levy relates to the rice-growing industry. 30 Accounting records for rice levy (1) For paragraph 40 (1) (a) of the PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD Act in relation to the growing of rice are to be debited in the accounting records. Attachment of levies Part 2 Deer levy Division 9 Regulation 32 Rural Industries Research and Development Corporation Regulations 2000 19 (4) For subsection 40 (2) of the PIERD 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. Part 2 Attachment of levies Division 9 Deer levy Regulation 33 20 Rural Industries Research and Development Corporation Regulations 2000 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). Attachment of levies Part 2 Bee levy Division 10 Regulation 36 Rural Industries Research and Development Corporation Regulations 2000 21 (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 PIERD 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 PIERD 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 PIERD 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 PIERD 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 PIERD Act, the following amounts must be credited in the accounting records kept under subregulation (1): Part 2 Attachment of levies Division 10 Bee levy Regulation 36 22 Rural Industries Research and Development Corporation Regulations 2000 (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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD 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 PIERD 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. Attachment of levies Part 2 Ratite (ostrich) levy Division 11 Regulation 39 Rural Industries Research and Development Corporation Regulations 2000 23 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 PIERD 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 PIERD Act, the whole of the levy is the research component of the levy. (3) For paragraph 5 (3) (b) of the PIERD 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 PIERD 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 PIERD 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 PIERD Act; (b) amounts paid to the Corporation by the Commonwealth under paragraph 30 (1) (b) of the PIERD 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: Part 2 Attachment of levies Division 11 Ratite (ostrich) levy Regulation 39 24 Rural Industries Research and Development Corporation Regulations 2000 (i) from the sale of property paid for by money spent by the Corporation under section 33 of the PIERD 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 PIERD 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 PIERD Act, all amounts spent under section 33 of the PIERD 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 PIERD 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. Gross value of production Part 3 Ratite (ostrich) levy Division 11 Regulation 61 Rural Industries Research and Development Corporation Regulations 2000 25 Part 3 Gross value of production 61 Method of calculation of gross value of production (1) For subsection 32 (2) of the PIERD 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: A + B + C 3 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. Notes to the Rural Industries Research and Development Corporation Regulations 2000 Table of Statutory Rules 26 Rural Industries Research and Development Corporation Regulations 2000 Notes to the Rural Industries Research and Development Corporation Regulations 2000 Note 1 The Rural Industries Research and Development Corporation Regulations 2000 (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 2000 No. 324 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date of commencement Application, saving or 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 — Notes to the Rural Industries Research and Development Corporation Regulations 2000 Table of Amendments Rural Industries Research and Development Corporation Regulations 2000 27 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Part 1 R. 6 ..................................... am. 2002 No. 309 Part 2 Division 1 R. 9 ..................................... am. 2001 No. 133 Division 2 R. 12 ................................... am. 2001 No. 133 Division 3 R. 13 ................................... rs. 2003 No. 144 R. 15 ................................... am. 2001 No. 133 Division 4 Div. 4 of Part 2 .................... rs. 2003 No. 290 R. 16 ................................... rs. 2003 No. 290 R. 17 ................................... rs. 2003 No. 290 R. 18 ................................... am. 2001 No. 133 rs. 2003 No. 290 Div. 5 of Part 2 .................... 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. 24 ................................... am. 2001 No. 133 Division 7 R. 27 ................................... am. 2001 No. 133 Division 8 R. 30 ................................... am. 2001 No. 133 Division 9 Div. 9 of Part 2 .................... ad. 2001 No. 133 R. 31 ................................... rs. 2001 No. 133 R. 32 ................................... ad. 2001 No. 133 R. 33 ................................... ad. 2001 No. 133 Division 10 Div. 10 of Part 2 .................. ad. 2003 No. 144 R. 34 ................................... ad. 2003 No. 144 R. 35 ................................... ad. 2003 No. 144 Notes to the Rural Industries Research and Development Corporation Regulations 2000 Table of Amendments 28 Rural Industries Research and Development Corporation Regulations 2000 ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 36 ................................... ad. 2003 No. 144 Division 11 Div. 11 of Part 2 .................. ad. 2003 No. 219 R. 37 ................................... ad. 2003 No. 219 R. 38 ................................... ad. 2003 No. 219 R. 39 ................................... ad. 2003 No. 219 Part 3 Part 3 .................................. rs. 2001 No. 133 R. 61 ................................... ad. 2001 No. 133