Commonwealth Consolidated Acts

PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 - SECT 30A

             (1)  There are to be paid to an R&D Corporation established in respect of the fishing industry amounts equal to:

                     (a)  where a levy is attached to the Corporation--the amounts from time to time received by the Commonwealth, under the Collection Act, as:

                              (i)  the research component of that levy; and

                             (ii)  amounts (if any) paid, on behalf of a person liable to pay that levy, by another person, in respect of the research component of that levy; and

                            (iii)  amounts of penalty for non‑payment of that levy, to the extent that the penalty is attributable to the non‑payment of the research component of that levy; and

                     (b)  amounts worked out under subsection (2).

             (2)  Subject to subsection (2A), the amounts to be paid to the Corporation under paragraph(1)(b), during a particular financial year, are as follows:

                     (a)  an amount equal to 0.5% of total GVP for that year or, if the amount spent or required to be spent by the Corporation under section 33 (other than paragraph 33(1)(d)) for that financial year is less than 0.5% of that total GVP, an amount equal to that lesser amount;

                     (b)  where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year:

                              (i)  if that amount is not less than 1% of that total GVP--an amount equal to 0.25% of Commonwealth GVP for that year; or

                             (ii)  if that amount is more than 0.5%, but less than 1%, of that total GVP--half of the amount equal to the percentage of Commonwealth GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;

                            reduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the total of the amounts paid to the Corporation during the year under subparagraphs (1)(a)(i) and (ii) (less the sum of any refunds in relation to levies attached to the Corporation):

                     (c)  where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year and a State or Territory has made a payment to the Corporation or to the Commonwealth in respect of research and development in respect of the fishing industry:

                              (i)  if the amount so required to be spent by the Corporation is not less than 1% of that total GVP--an amount equal to 0.25% of that State or Territory GVP for that year; or

                             (ii)  if that amount is more than 0.5%, but less than 1%, of that total GVP--half of the amount equal to the percentage of that State or Territory GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;

                            reduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the amount of the payment made by the State or Territory to the Corporation or to the Commonwealth in respect of research and development in respect of the fishing industry.

          (2A)  The amounts to be paid to the Corporation under paragraph (1)(b) during the 1997‑98 financial year are the amounts worked out under subsection (2) reduced by $3,612,000.

             (3)  Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (4)  In this section:

"Commonwealth GVP" , in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the Commonwealth.

"State or Territory GVP" , in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the particular State or Territory.

"total GVP" , in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of all parts of the fishing industry, whether managed by or on behalf of the Commonwealth, a State or a Territory.

             (5)  The regulations may provide for the manner in which the Minister is to determine the amount of the Commonwealth GVP, a State or Territory GVP or a total GVP for a financial year.