Dairying Research Act 1972 (Cth)
DAIRYING RESEARCH ACT 1972 [Note: This Act is "repealed" by Act No. 103 of 1985]
(#DATE 31:01:1984)
(#DATE 31:01:1984)
Compilation Information - Reprinted as at 31 January 1984
*1* The Dairying Research Act 1972 as shown in this reprint comprises Act No. 30, 1972 amended as indicated in the Tables below.
(The citation "Dairying Research Act 1972" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Dairying Research
Act 1972 30, 1972 26 May
1972 15 June 1972 (see
Gazette 1972, No.
49, p. 1)
Dairying Industry
Research and
Promotion
(Miscellaneous
Amendments)Act 1976 79, 1976 10 June
1976 1 Aug 1976 (see
s. 2 and Gazette
1976, No. S111,
p. 1) S. 5 (3)
Dairying Research
Amendment Act 1981 12, 1981 25 Mar
1981 22 Apr 1981 S. 12
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part XXVI (ss.
72-76): 20 Oct
1982 (a) -
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(a) The Dairying Research Act 1972 was amended by Part XXVI (sections 72-76) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (16) of which provides that Part XXVI shall come into operation on the twenty-eighth day after Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed
rs. = repealed and substituted
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Provision affected How affected
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S. 3 . . . . . . . . am. No. 79, 1976; No. 12, 1981
S. 5 . . . . . . . . am. No. 79, 1976; No. 12, 1981; No. 80, 1982
S. 5A . . . . . . . . ad. No. 80, 1982
S. 6 . . . . . . . . am. No. 79, 1976; No. 12, 1981; No. 80, 1982
S. 7 . . . . . . . . am. No. 79, 1976
S. 8 . . . . . . . . am. No. 79, 1976; No. 12, 1981
S. 9 . . . . . . . . am. No. 79, 1976; No. 12, 1981; No. 80, 1982
S. 11 . . . . . . . . am. No. 79, 1976; No. 12, 1981
S. 11A . . . . . . . ad. No. 12, 1981
S. 12 . . . . . . . . am. No. 79, 1976
S. 14 . . . . . . . . am. No. 79, 1976
rs. No. 12, 1981
S. 15 . . . . . . . . am. No. 79, 1976; No. 12, 1981
S. 16 . . . . . . . . am. No. 79, 1976
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DAIRYING RESEARCH ACT 1972 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Dairying Research Trust Account
5. Moneys to be paid into Research Account
5A. Separate accounts to be kept
6. Application of Research Account
7. Agreements for carrying out of research
8. Australian Dairy Research Committee
9. Constitution of Committee
10. Deputies of members
11. Removal, &c., of members and deputies
11A. Disclosure of interest by members and deputies
12. Chairman of Committee
13. Quorum and voting
14. Remuneration, &c.
15. Appointment of advisers
16. Annual report
17. Regulations
DAIRYING RESEARCH ACT 1972 - LONG TITLE SECT
An Act to establish a Dairying Research Trust Account, and for purposes connected therewith
DAIRYING RESEARCH ACT 1972 - SECT 1
Short titleSECT
1. This Act may be cited as the Dairying Research Act 1972.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DAIRYING RESEARCH ACT 1972 - SECT 2
CommencementSECT
2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
DAIRYING RESEARCH ACT 1972 - SECT 3
InterpretationSECT
3. In this Act, unless the contrary intention appears-
"appoint" includes re-appoint;
"levy" means an amount of the levy payable by virtue of paragraph (a) of section 7, or paragraph (a) of section 11, of the Dairying Industry Research and Promotion Levy Act 1972-1976;
"member" means a member of the Committee;
"milk" means the lacteal fluid product of the cow;
"ordinary member" means a member other than the member who is the Chairman of the Corporation;
"research" means scientific, technical or economic research in connexion with the production, distribution or marketing of whole milk or dairy products, and includes-
(a) the training of persons for the purpose of any such research;
(b) the publication of reports, periodicals, books and papers in connexion with any such research;
(c) the dissemination of information and advice in connexion with scientific, technical or economic matters related to the production, distribution or marketing of whole milk or dairy products; and
(d) any matter incidental to a matter referred to in this definition;
"the Committee" means the Australian Dairy Research Committee established by this Act;
"the Corporation" means the Australian Dairy Corporation;
"the Levy Collection Act" means the Dairying Industry Research and Promotion Levy Collection Act 1972-1976;
"the Research Account" means the Dairying Research Trust Account established by this Act.
DAIRYING RESEARCH ACT 1972 - SECT 4
Dairying Research Trust AccountSECT
4. (1) An account is hereby established to be known as the Dairying Research Trust Account. (2) The Research Account is a Trust Account for the purposes of section 62A of the Audit Act 1901-1969.
DAIRYING RESEARCH ACT 1972 - SECT 5
Moneys to be paid into Research AccountSECT
5. (1) There shall be paid into the Research Account, out of the Consolidated Revenue Fund, which is appropriated accordingly-
(a) amounts equal to the amounts from time to time received by the Commonwealth-
(i) as levy;
(ii) in discharge of the liability of a person under sub-section (1) of section 6 of the Levy Collection Act in respect of amounts of levy; and
(iii) as penalties under section 7 of the Levy Collection Act to the extent that the penalties relate to levy; and
(b) subject to sub-section (4), amounts equal to one-half of the amounts from time to time payable out of the account kept under sub-section 5A (1).(3) There shall be paid into the Research Account-
(a) moneys paid by any person to the Commonwealth for the purposes of the Research Account;
(b) moneys received by the Commonwealth-
(i) from the sale of any property paid for out of moneys expended from the Research Account;
(ii) from the sale of any property produced in the course of carrying out any research so paid for; or
(iii) in respect of any work so paid for;
(c) moneys received by the Commonwealth, on or after the date of commencement of the Dairy Produce Sales Promotion Act 1972-
(i) from the sale of any property paid for out of moneys expended from the Dairy Produce Research Trust Account established by the Dairy Produce Research and Sales Promotion Act 1958;*2*(ii) from the sale of any property produced in the course of carrying out any research so paid for; or
(iii) in respect of any work so paid for;
(d) interest received by the Commonwealth from the investment of moneys standing to the credit of the Research Account; and
(e) interest received, on or after the date of commencement of the Dairy Produce Sales Promotion Act 1972, by the Commonwealth from the investment of moneys standing to the credit of the Dairy Produce Research Trust Account established by the Dairy Produce Research and Sales Promotion Act 1958. *2*(4) The sum of the amounts paid into the Research Account by virtue of paragraph (b) of sub-section (1) shall not exceed the sum of-
(a) the amounts paid into the Research Account by virtue of sub-paragraphs (i) and (ii) of paragraph (a) of that sub-section;
(b) such part of the amounts paid into the Research Account by virtue of-
(i) paragraph (b) of that sub-section as in force before the date of commencement of the Dairying Industry Research and Promotion (Miscellaneous Amendments) Act 1976; and
(ii) sub-section (2) as so in force,
as, in the opinion of the Minister, represents amounts of levy paid by virtue of paragraph (a) of sub-section (1) of section 6 of the Butter Fat Levy Act 1965*3* to the Commonwealth before the date of commencement of the Dairy Produce Sales Promotion Act 1972; and
(c) the amounts paid into the Research Account by virtue of paragraph (c) of sub-section (1) as in force before the date of commencement of the Dairying Industry Research and Promotion (Miscellaneous Amendments) Act 1976.*2* Ss. 5 (3) and 6 (3)-Now cited as the Dairy Produce Sales Promotion Act 1958.
*3* S. 5 (4)-The Butter Fat Levy Act 1965 was repealed by the Dairying Industry Research and Promotion (Miscellaneous Amendments) Act 1976
(No. 79, 1976).
DAIRYING RESEARCH ACT 1972 - SECT 5A
Separate accounts to be keptSECT
5A. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (i) and (ii) and paragraph 5 (1) (b). (2) A separate account shall be kept of the moneys in the Research Account representing-
(a) the amounts paid into the Research Account by virtue of sub-paragraph 5 (1) (a) (iii); and
(b) the amounts paid into the Research Account by virtue of sub-section 5 (3).
DAIRYING RESEARCH ACT 1972 - SECT 6
Application of Research AccountSECT
6. (1) Subject to sub-section (2), moneys standing to the credit of either of the accounts kept under section 5A may be expended-
(a) with the approval of the Minister, for the purpose of research;
(b) in payment of the expenses incurred, with the approval of the Minister, by the Committee in the performance of its functions;
(c) in payment of remuneration, expenses and allowances payable to a member, or the deputy of a member, under section 14; and
(d) in payment of fees, expenses and allowances payable to persons appointed by the Minister under section 15.(2) The Minister shall not exercise his power to approve the expenditure of moneys from the Research Account for the purpose referred to in paragraph (a) of the last preceding sub-section except in accordance with a recommendation of the Committee.
(3) Any moneys that would, but for the Dairy Produce Sales Promotion Act 1972, have been payable out of the Dairy Produce Research Trust Account established by the Dairy Produce Research and Sales Promotion Act 1958*2* in respect of any act or transaction done or entered into before the date of commencement of the Dairy Produce Sales Promotion Act 1972 may be paid out of the Research Account.
*2* Ss. 5 (3) and 6 (3)-Now cited as the Dairy Produce Sales Promotion Act 1958.
DAIRYING RESEARCH ACT 1972 - SECT 7
Agreements for carrying out of researchSECT
7. (1) The Minister, or an officer of the Australian Public Service for the time being authorized by the Minister, by instrument in writing, to act under this section, may, on behalf of the Commonwealth, enter into agreements for the purposes of, or for purposes in connexion with, any research to be done or performed with moneys provided in whole or in part out of the Research Account. (2) Without limiting the generality of the last preceding sub-section, an agreement made with a person under that sub-section in relation to moneys provided out of the Research Account may-
(a) provide for the moneys to which the agreement relates and any property acquired with those moneys or with moneys that include those moneys to be used only for purposes specified in the agreement and for the payment by the person to the Commonwealth for the purposes of the Research Account, in the event of any of those moneys or any of that property being used for a purpose not specified in the agreement, of an amount equal to the whole, or such part as the Minister determines, of those moneys;
(b) provide for the payment by the person to the Commonwealth for the purposes of the Research Account of an amount equal to the whole, or such part as the Minister determines, of any net income derived by the person from-
(i) property acquired with moneys to which the agreement relates or with moneys that include those moneys; or
(ii) patents for inventions made, or any other property acquired, in the course of carrying out research or doing any other act or thing with those moneys or with moneys that include those moneys,
or for the assignment by the person to the Commonwealth of any property referred to in sub-paragraph (i), of any patents for inventions or other property referred to in sub-paragraph (ii) or of any such invention or of any interest that he may have in any such invention; and
(c) provide for the payment by the person to the Commonwealth for the purposes of the Research Account, in the event of the disposal otherwise than to the Commonwealth of any property of a kind referred to in the last preceding paragraph, of an amount equal to the whole, or such part as the Minister determines-
(i) in the case of a disposal by way of sale or assignment for value-of the net proceeds of the sale or assignment; and
(ii) in any other case-of the value of the property as determined by the Minister.
DAIRYING RESEARCH ACT 1972 - SECT 8
Australian Dairy Research CommitteeSECT
8. (1) The committee by the name of the Dairying Research Committee established by the sub-section for which this sub-section was substituted by the Dairying Research Amendment Act 1981 continues in existence, by force of this sub-section, under and subject to the provisions of this Act, under the name "Australian Dairy Research Committee". (2) The functions of the Committee are to make recommendations to the Minister with respect to-
(a) the amounts to be prescribed from time to time for the purposes of paragraph (a) of section 7, or paragraph (a) of section 11, of the Dairying Industry Research and Promotion Levy Act 1972-1976; and
(b) the expenditure of moneys standing to the credit of the Research Account.
DAIRYING RESEARCH ACT 1972 - SECT 9
Constitution of CommitteeSECT
9. (1) The Committee shall consist of-
(a) the Chairman of the Corporation;
(b) four persons to represent the dairy farmers of Australia;
(d) one person to represent butter and cheese factories and factories processing whole milk or whole milk products;
(e) one person to represent the Department;
(f) one person to represent the organization known as the Australian Agricultural Council;
(g) one person to represent the Commonwealth Scientific and Industrial Research Organization; and
(h) subject to sub-section (7), one person who is a member of the Corporation and is not a member of the Committee by virtue of a preceding paragraph of this sub-section.(2) An ordinary member-
(a) shall be appointed by the Minister;
(b) shall hold office, subject to this Act, for such period, not exceeding three years, as the Minister specifies in the instrument of his appointment; and
(c) is eligible for re-appointment.(3) The members referred to in paragraph (b) of sub-section (1) shall be appointed from among persons whose names have been submitted to the Minister by the organization known as the Australian Dairy Farmers Federation or by another organization of dairy farmers.
(5) The member referred to in paragraph (d) of sub-section (1) shall be appointed after consultation by the Minister with representatives of the owners of the factories referred to in that paragraph.
(6) The member referred to in paragraph (f) or (g) of sub-section (1) shall be appointed on the nomination of the organization that he is to represent.
(7) The member referred to in paragraph (h) of sub-section (1)-
(a) shall not be appointed unless the Chairman of the Committee informs the Minister that, in his opinion, it is desirable that such a member should be appointed; and
(b) shall be appointed on the nomination of the Chairman of the Committee.(8) The Chairman of the Corporation ceases to be a member of the Committee if he ceases to be the Chairman of the Corporation.
(9) The appointment of a member is not invalidated and shall not be called in question by reason of a defect or irregularity in connexion with his nomination.
(10) The exercise of a power or the performance of a function by the Committee is not invalidated by reason only of there being a vacancy in the membership of the Committee.
DAIRYING RESEARCH ACT 1972 - SECT 10
Deputies of membersSECT
10. (1) A member may, with the approval of the Minister, appoint a person to be his deputy. (2) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Committee, to attend that meeting and, when so attending, shall be deemed to be a member.
DAIRYING RESEARCH ACT 1972 - SECT 11
Removal, &c., of members and deputiesSECT
11. (1) The Minister may remove a member or the deputy of a member from office for incapacity, incompetence or misbehaviour. (2) The Minister may, at the request of the organization by whom the name of a member was submitted to the Minister at the time of the member's appointment, terminate the appointment of that member.
(3) If a member or a deputy of a member fails, without reasonable excuse, to comply with his obligations under section 11A, the Minister shall terminate the appointment of the member or the deputy, as the case may be.
(4) A member may revoke the appointment of a person as his deputy, but the revocation is not effective until the member has given notice of it in writing to the Minister.
(5) A member may resign his office by writing signed by him delivered to the Minister.
(6) A deputy of a member may resign his office by writing signed by him delivered to the member.
(7) A member whose deputy resigns in accordance with sub-section (6) shall forthwith give notice of the resignation, in writing, to the Minister.
DAIRYING RESEARCH ACT 1972 - SECT 11A
Disclosure of interest by members and deputiesSECT
11A. (1) A member, or a deputy of a member, who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Committee. (2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Committee.
DAIRYING RESEARCH ACT 1972 - SECT 12
Chairman of CommitteeSECT
12. (1) The member of the Committee who is the Chairman of the Corporation shall be the Chairman of the Committee. (2) At a meeting of the Committee at which the Chairman of the Committee or his deputy is not present the members present shall elect one of their number to act as Chairman at that meeting.
DAIRYING RESEARCH ACT 1972 - SECT 13
Quorum and votingSECT
13. At a meeting of the Committee-
(a) six members form a quorum;
(b) the Chairman of the Committee or his deputy or, in their absence, the member elected by the members present to act as Chairman, shall preside;
(c) all questions shall be decided by a majority of votes of the members present and voting; and
(d) the Chairman of the Committee or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
DAIRYING RESEARCH ACT 1972 - SECT 14
Remuneration, &c.SECT
14. (1) A member and a deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal. (2) A member (other than a member referred to in paragraph (a), (e) or (g) of sub-section (1) of section 9) and a deputy of a member shall be paid such allowances as are prescribed.
(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973, but sub-section (9) of section 7 of that Act does not apply in relation to the remuneration payable to a member or a deputy of a member.
(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.
DAIRYING RESEARCH ACT 1972 - SECT 15
Appointment of advisersSECT
15. (1) The Minister may, upon the recommendation of the Committee, appoint persons to advise the Committee in relation to any purpose in respect of which moneys may be expended from the Research Account. (2) A person appointed under sub-section (1) shall, subject to sub-section (3), be paid such fees, expenses and allowances (if any) as are approved by the Minister.
(3) An officer of the Australian Public Service or of an authority of the Commonwealth shall not be paid fees, expenses or allowances under the last preceding sub-section.
DAIRYING RESEARCH ACT 1972 - SECT 16
Annual reportSECT
16. (1) The Committee shall, as soon as practicable after each 30 June make a report to the Minister on the operation of this Act during the year that ended on that date and the Minister shall cause the report to be laid before each House of the Parliament.
DAIRYING RESEARCH ACT 1972 - SECT 17
RegulationsSECT
17. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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