Commonwealth Consolidated Acts

PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 - SECT 5

             (1)  For the purposes of this Act, a levy is attached to an R&D Corporation or an R&D Fund if, and only if, the levy has, or is included in a class of levies that has:

                     (a)  been declared by the regulations to be attached to the Corporation or the Fund, as the case may be; and

                     (b)  not ceased, because of section 6, to be attached to the Corporation or the Fund, as the case may be.

             (2)  For the purposes of this Act, a class of levies is attached to an R&D Corporation or an R&D Fund if, and only if, the class:

                     (a)  has been declared by the regulations to be attached to the Corporation or the Fund, as the case may be; and

                     (b)  has not ceased, because of section 6, to be attached to the Corporation or the Fund, as the case may be.

             (3)  Subject to subsection (4), where a levy or class of levies is declared by the regulations to be so attached, the regulations must declare:

                     (a)  the whole or a specified proportion of the levy, or of each levy included in the class, as the case may be, to be the research component of the levy; and

                     (b)  a primary industry or class of primary industries to be the primary industry or class of primary industries to which the levy, or each levy included in the class, relates, being a primary industry or class of primary industries:

                              (i)  if the levy is attached to an R&D Corporation--in respect of which the Corporation is established; and

                             (ii)  if the levy is attached to an R&D Fund--in respect of which is established the R&D Council in respect of which the Fund is established.

             (4)  Paragraph (3)(a) does not apply to the levy imposed by the repealed Wheat Levy Act 1989 during a season that began before 1 July 1999.

             (5)  If the levy imposed by the repealed Wheat Levy Act 1989 during a season that began before 1 July 1999 is declared by the regulations to be attached to an R&D Corporation or an R&D Fund, the research component of the levy, in relation to each season, is the proportion of the levy that represents the percentage of the value of leviable wheat on which levy is imposed during that season determined by the Grains Council under subsection 85(3) of the repealed Wheat Marketing Act 1989 .

             (6)  In subsection (5), the expressions Grains Council , leviable wheat and season have the same meaning as in Part 7 of the repealed Wheat Marketing Act 1989 .