Document ID: chunk:federal_register_of_legislation:C2025C00181:section:36
Version: federal_register_of_legislation:C2025C00181
Segment Type: section
Provision Reference: s 36
Character Range: 89811–92434

36  Commonwealth to make other payments to the Fisheries Research and Development Corporation

Fishing levy
 (1) The Commonwealth must pay to the Fisheries Research and Development Corporation amounts equal to the following amounts that are received by the Commonwealth:
 (a) amounts of levy imposed by section 5 of the Fishing Levy Act 1991 to the extent that those amounts consist of the component of the levy worked out in accordance with the rules;
 (b) amounts by way of penalty under section 112 of the Fisheries Management Act 1991, to the extent that those amounts are attributable to the non‑payment of that component.

White spot disease repayment levy and white spot disease repayment export charge
 (2) In relation to levy or charge imposed on farmed prawns by a provision prescribed by the rules for the purposes of this subsection, the Commonwealth must pay to the Fisheries Research and Development Corporation amounts equal to the amounts prescribed by the rules for the purposes of this subsection.

Spending rule
 (3) If the Fisheries Research and Development Corporation is paid amounts under subsection (1) or (2), those amounts may be spent by the Corporation only on matters covered by subsection (4), (6) or (8).

Research and development activities
 (4) A matter is research and development activities, for a designated primary industry sector in relation to the Corporation, where expenditure on those activities is:
 (a) for the benefit of that sector; and
 (b) in accordance with the Corporation's funding agreement and annual operational plan; and
 (c) in accordance with the rules (if any).
 (5) Without limiting paragraph (4)(c), the rules may require expenditure by the Corporation, of a part of the amounts paid under subsection (1) or (2), to be for the benefit of the designated primary industry sector prescribed by the rules.

General payments
 (6) A matter is doing the following:
 (a) paying or discharging expenses, charges, obligations and liabilities incurred by the Corporation in the performance of its functions or the exercise of its powers;
 (b) paying remuneration, allowances, fees or expenses payable under the Primary Industries Research and Development Act 1989.
 (7) Paragraph (6)(a) does not apply to a matter covered by subsection 21(2), (4), (5) or (6).

Matters prescribed by the rules
 (8) A matter is any matter that is prescribed by the rules for the purposes of this subsection in relation to the Corporation. The rules may provide that expenditure by the Corporation on the matter is subject to any conditions prescribed by the rules.

Division 5—Appropriation