| C2004C04149 | FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987
- Reprinted as at 31 January 1993 (HISTACT CHAP 1556 #DATE 31:01:1993)
*1* The Fishing Industry Research and Development Act 1987 as shown in this reprint comprises Act No. 174, 1987 amended as indicated in the Tables below. The Fishing Industry Research and Development Act 1987 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended (See Note 2). Table of Acts Act Date Date of Application Number and of assent commencement saving or year transitional provisions Fishing Industry Research and Development Act 1987 174, 1987 26 Dec 1987 Parts I, III, IV (ss. 1-4 and 30-62) and s. 64: Royal Assent Remainder: 15 Apr 1988 (see Gazette 1988, No. S107) Primary Industries and Energy Legislation Amendment Act 1988 111, 1988 12 Dec 1988 S. 3: Royal Assent (a) - (a) The Fishing Industry Research and Development Act 1987 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act 1988 subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 7 am. No. 111, 1988 S. 35 am. No. 111, 1988 FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Object
4. Interpretation
PART II-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT COUNCIL
Division 1-Establishment, functions and powers of Council
5. Establishment
6. Functions
7. Powers
Division 2-Constitution and meetings of Council
8. Constitution of Council
9. Role of Chairperson etc.
10. Appointment of members
11. Term of office of members
12. Members hold office on part time basis
13. Remuneration and allowances
14. Leave of absence
15. Resignation
16. Disclosure of interests
17. Termination of appointment
18. Terms and conditions of appointment not provided for by Act
19. Acting Chairperson
20. Meetings
21. Resolutions without meetings
Division 3-Research and development plans and annual programs
22. Research and development plans
23. Annual research and development programs
24. Council to comply with plans and programs
Division 4-Employees, consultants and sub-committees of Council
25. Employees
26. Consultants
27. Sub-committees
Division 5-Miscellaneous
28. Delegation
29. Annual report
PART III-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT TRUST FUND
30. Establishment etc.
31. Approved research funds
32. Approved money
33. Appropriation
34. Other payments into Trust Fund
35. Payments out of Trust Fund
36. Determinations by Minister to be tabled in the Parliament
and disallowable
PART IV-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT
COUNCIL SELECTION COMMITTEE
Division 1-Establishment, functions and powers of
Selection Committee
37. Establishment
38. Function
39. Powers
Division 2-Nominations for membership of Council
40. Minister may request nomination from Selection Committee
41. Nominations
42. Selection of persons by Selection Committee
43. Minister may request further information
44. Minister may reject nomination
Division 3-Constitution and meetings of Selection Committee
45. Constitution of Selection Committee
46. Role of Chairperson etc.
47. Appointment of members
48. Term of office of members
49. Members to hold office on part time basis
50. Remuneration and allowances
51. Leave of absence
52. Resignation
53. Disclosure of interests
54. Termination of appointment
55. Terms and conditions of appointment not provided for by Act
56. Acting Chairperson
57. Deputies of members
58. Meetings
59. Resolutions without meetings
Division 4-Employees and consultants
60. Employees
61. Consultants
Division 5-Miscellaneous
62. Delegation
PART V-MISCELLANEOUS
63. Agreements relating to fisheries research and development
64. Regulations
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - LONG TITLE
SECT
An Act to make provision with respect to research and
development in relation to the Australian fishing industry
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - PART I
PART I-PRELIMINARY
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 1
Short title
SECT
1. This Act may be cited as the Fishing Industry Research and Development
Act 1987.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 2
Commencement
SECT
2.*1* (1) Parts I, III and IV and section 64 shall come into operation on
the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a day
to be fixed by Proclamation.
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 3
Object
SECT
3. The object of this Act is to make provision for the funding and
administration of fisheries research and development, with a view to:
(a) identifying more precisely the areas of fisheries research and
development that are relevant to the needs of the Australian fishing
industry;
(b) improving the efficiency and effectiveness of fisheries research and
development;
(c) making more effective use of the resources available for fisheries
research and development;
(d) making more effective use of the skills available in the community in
general, and in the scientific community in particular, for fisheries research
and development; and
(e) improving accountability for expenditure on fisheries research and
development.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 4
Interpretation
SECT
4.*2* In this Act, unless the contrary intention appears:
"appoint" includes re-appoint;
"Australian fishing industry":
(a) except in section 33, includes any industry carried on in or from
Australia in connection with the culturing, taking, preserving, storing,
transporting, processing or marketing of fish or fish products; and
(b) in section 33, means any industry carried on in or from Australia in
connection with the culturing or taking of fish;
"Chairperson" means:
(a) in relation to the Council-the Chairperson of the Council; and
(b) in relation to the Selection Committee-the Chairperson of the
Committee;
"Council" means the Fishing Industry Research and Development Council;
"fish" means all the living natural resources of the sea and seabed and of
waters within the limits of Australia;
"fisheries research and development" means:
(a) systematic experimentation or analysis in any field of science,
technology, marketing or economics carried out with the object of acquiring
knowledge that might be useful in improving the efficiency and competitiveness
of the Australian fishing industry;
(b) the exploration of the sea or seabed for the purpose of locating, or
determining the extent of, fish stocks; or
(c) the application of knowledge (whether or not acquired by activities
referred to in paragraph (a) or (b)) for the purpose of improving the
efficiency and competitiveness of the Australian fishing industry;
and, without limiting the generality of paragraphs (a), (b) and (c),
includes:
(d) the development of equipment and techniques for culturing, taking,
preserving, storing, transporting, processing or marketing fish or fish
products;
(e) the dissemination of information, and the provision of advice and
assistance, to the Australian fishing industry for the purpose of encouraging
the adoption of scientific and technological developments to improve its
efficiency and competitiveness;
(f) the publication of reports, periodicals, books and papers containing
scientific, technical, marketing or economic information that might be useful
in improving the efficiency and competitiveness of the Australian fishing
industry;
(g) employment and vocational training of persons engaged, or to be engaged,
in the Australian fishing industry;
(h) the establishment or development of the Australian fishing industry in a
particular place or for a particular purpose;
(j) the training of persons to do activities referred to in paragraphs (a),
(b) and (c); and
(k) any activity incidental to an activity referred to in paragraphs (a) to
(j) (inclusive);
"government member" means the government member of the Council;
"member":
(a) in relation to the Council-means a member of the Council, and includes
the Chairperson and, except in section 17, the government member;
(b) in relation to the Selection Committee-means a member of the Selection
Committee, and includes the Chairperson;
"Parliament", in relation to the Northern Territory, means the Legislative
Assembly of the Northern Territory;
"planning period" means:
(a) the 5 year period commencing on 1 July next following the day fixed
under subsection 2 (2); and
(b) each subsequent 5 year period;
"processing", in relation to fish, includes cutting up, dismembering,
cleaning, sorting and packing fish;
"Selection Committee" means the Fishing Industry Research and Development
Council Selection Committee;
"State" includes the Northern Territory;
"taking", in relation to fish, includes catching or capturing fish;
"Trust Fund" means the Fishing Industry Research and Development Trust Fund.
*2*Section 4-The Fishing Industry Research and Development Act 1987 was
modified by regulation 2 and Schedule 1 only of the A.C.T. Self-Government
(Consequential Provisions) Regulations. The provisions of Schedule 1
applicable to the abovementioned Act quoted below are not incorporated in this
reprint.
"Section 4 (definition of 'Parliament'):
Omit the definition, substitute:
'Parliament' means:
(a) in relation to the Australian Capital Territory-the Legislative Assembly
for the Territory; and
(b) in relation to the Northern Territory-the Legislative Assembly of the
Territory:
Section 4 (definition of 'State'):'
After 'includes' insert 'the Australian Capital Territory and'."
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - PART II
PART II-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT COUNCIL
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 1
Division 1-Establishment, functions and powers of Council
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 5
Establishment
SECT
5. A council by the name of the Fishing Industry Research and Development
Council is established by this section.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 6
Functions
SECT
6. The functions of the Council are:
(a) to investigate and evaluate the requirements for fisheries research and
development and, on the basis of such investigation and evaluation, to prepare
research and development plans under section 22;
(b) to prepare a research and development program under section 23 for each
financial year;
(c) to enter into agreements under section 63 for the carrying out of
fisheries research and development projects;
(d) to approve the payment of money from the Trust Fund;
(e) to monitor, and to report to the Parliament, the Minister and the
Fishing Industry Policy Council of Australia on, fisheries research and
development projects that are funded, in whole or in part, from the Trust
Fund; and
(f) such other functions in relation to the Australian fishing industry as
are conferred on the Council by or under this Act or any other Act.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 7
Powers
SECT
7. The Council has power to do, on behalf of the Commonwealth, all things
necessary or convenient to be done for, or in connection with, the performance
of its functions and, in particular, may enter into an arrangement with the
Minister for the provision of administrative and clerical services to the
Council by the Commonwealth.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 2
Division 2-Constitution and meetings of Council
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 8
Constitution of Council
SECT
8. (1) The Council consists of the following members:
(a) the Chairperson;
(b) the government member; and
(c) such number of other members (not fewer than 3 or more than 7) as the
Minister determines in writing.
(2) The Minister shall not make a determination under paragraph (1) (c)
unless the Minister has consulted with the Australian Fisheries Council and
the National Fishing Industry Council.
(3) The performance of the functions, and the exercise of the powers, of the
Council are not affected by reason only of vacancies in the membership of the
Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 9
Role of Chairperson etc.
SECT
9. (1) The Chairperson of the Council is the principal spokesperson of the
Council and is responsible for its overall operations and performance.
(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the
case requires.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 10
Appointment of members
SECT
10. (1) The members of the Council shall be appointed by the Minister.
(2) The Minister shall not appoint a person to be the government member
unless the Minister is satisfied that the person has experience in, and a
knowledge of:
(a) the formulation of government policy; and
(b) public administration.
(3) The members, other than the Chairperson and the government member, shall
be appointed from persons nominated by the Selection Committee under section
41.
(4) A person who has attained 65 years of age shall not be appointed as a
member.
(5) The appointment of a member is not invalid because of a defect or
irregularity in connection with the member's selection or appointment.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 11
Term of office of members
SECT
11. (1) A member of the Council:
(a) shall be appointed with effect from the day specified in the instrument
of appointment; and
(b) holds office, subject to this Act:
(i) in the case of a member other than the government
member-for such term (not exceeding 3 years) as is specified in the instrument
of appointment, but is eligible for re-appointment in accordance with this
Act; and
(ii) in the case of the government member-during the
Minister's pleasure.
(2) If a member (other than the government member) ceases to hold office
before the end of the term of appointment, another person may, in accordance
with this Act, be appointed in the member's place until the end of the term.
(3) A member ceases to hold office on attaining 65 years of age.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 12
Members hold office on part time basis
SECT
12. The members of the Council hold office on a part time basis.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 13
Remuneration and allowances
SECT
13. (1) A member of the Council shall be paid such remuneration as is
determined by the Remuneration Tribunal.
(2) A member of the Council shall be paid such allowances as are prescribed.
(3) Where:
(a) a person who is a member of the Council is a member of, or a candidate
for election to, the Parliament of a State; and
(b) under the law of the State, the person would not be eligible to remain,
or to be elected, as a member of that Parliament if the person were entitled
to remuneration or allowances under this Act;
the person shall not be paid remuneration or allowances under this Act, but
shall be reimbursed the expenses that the person reasonably incurs in
performing duties under this Act.
(4) Where a person who is a member of the Council:
(a) is a member of the Parliament of a State, but subsection (3) does not
apply in relation to the person;
(b) is in the service or employment of a State, or an authority of a State,
on a full time basis; or
(c) holds or performs the duties of an office or position established by or
under a law of a State on a full time basis;
it is a condition of the person's holding office under this Act that the
person pay to the State, within one month of receiving an amount of
remuneration under this Act, an amount equal to the amount of remuneration.
(5) An amount payable under subsection (4) to a State by a person is a debt
due to the State, and the State may recover the amount by action against the
person in a court of competent jurisdiction.
(6) Subject to subsection (7), this section has effect subject to the
Remuneration Tribunals Act 1973.
(7) Subsection 7 (9) of the Remuneration Tribunals Act 1973 does not apply
in relation to a member of the Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 14
Leave of absence
SECT
14. (1) The Minister may grant leave of absence to the Chairperson of the
Council on such terms and conditions as the Minister considers appropriate.
(2) The Chairperson may grant leave of absence to another member of the
Council on such terms and conditions as the Chairperson considers appropriate.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 15
Resignation
SECT
15. A member of the Council may resign his or her office by writing signed
by the member and delivered to the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 16
Disclosure of interests
SECT
16. (1) Where:
(a) a member of the Council has a direct or indirect pecuniary interest in a
matter being considered, or about to be considered, by the Council (whether at
a meeting or otherwise); and
(b) the interest could conflict with the proper performance of the member's
duties in relation to the consideration of the matter;
the member shall, as soon as practicable after the relevant facts have come to
the member's knowledge, disclose the nature of the interest at a meeting of
the Council.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 17
Termination of appointment
SECT
17. (1) The Minister may terminate the appointment of a member of the
Council for misbehaviour or physical or mental incapacity.
(2) If:
(a) a member of the Council becomes bankrupt, applies to take the benefit of
a law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit;
(b) a member of the Council, without reasonable excuse, contravenes section
16;
(c) the Chairperson of the Council is absent, except with the leave of the
Minister, from 3 consecutive meetings of the Council; or
(d) a member of the Council (other then the Chairperson) is absent, except
with the leave of the Chairperson, from 3 consecutive meetings of the
Council;
the Minister shall terminate the person's appointment under this Act.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 18
Terms and conditions of appointment not provided for by Act
SECT
18. A member of the Council holds office on such terms and conditions (if
any) in relation to matters not provided for by this Act as are determined, in
writing, by the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 19
Acting Chairperson
SECT
19. (1) The Minister may appoint a person (other than a member of the
Council or Selection Committee) to act as Chairperson of the Council:
(a) during a vacancy in the office of Chairperson (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chairperson is absent
from duty or from Australia or is, for any other reason, unable to perform the
duties of the office;
but a person appointed to act during a vacancy shall not continue to act for
more than 12 months.
(2) The appointment may be expressed to have effect only in specified
circumstances.
(3) Where:
(a) a person is acting under paragraph (1) (b); and
(b) the office of Chairperson becomes vacant;
then, subject to subsection (2) and paragraph (5) (b), the person may continue
to act until:
(c) the vacancy is filled; or
(d) a period of 12 months from the day on which the vacancy occurred
expires;
whichever happens first.
(4) A person acting as Chairperson has all the powers and duties of the
Chairperson.
(5) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed to act as Chairperson; and
(b) terminate the appointment at any time.
(6) A person appointed to act as Chairperson may resign the appointment by
writing signed by the person and delivered to the Minister.
(7) Anything done by or in relation to a person purporting to act as
Chairperson is not invalid because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act as Chairperson had not arisen or had
ceased.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 20
Meetings
SECT
20. (1) Subject to subsection (2), meetings of the Council shall be held at
such times and places as the Council from time to time determines.
(2) The Chairperson may at any time convene a meeting of the Council.
(3) The Chairperson shall preside at all meetings of the Council at which
the Chairperson is present.
(4) If the Chairperson is not present at a meeting of the Council, the
members present shall appoint one of their number to preside at the meeting.
(5) At a meeting of the Council:
(a) a majority of the members in office constitute a quorum;
(b) a question shall be decided by a majority of the votes of the members
present and voting; and
(c) the member presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(6) The Council shall keep minutes of its proceedings.
(7) The Council may invite a person to attend a meeting for the purpose of
advising or informing it on any matter.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 21
Resolutions without meetings
SECT
21. (1) Where a majority of the members of the Council in office sign a
document containing a statement that they are in favour of a resolution in the
terms set out in the document, a resolution in those terms shall be deemed to
have been passed at a duly convened meeting of the Council on the day on which
the document is signed, or, if the members who sign the document do not sign
it on the same day, on the day on which a majority of the members in office
had signed the document.
(2) Two or more separate but identical documents, each of which is signed by
one or more members, shall be deemed, for the purposes of subsection (1), to
constitute the one document.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 3
Division 3-Research and development plans and annual programs
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 22
Research and development plans
SECT
22. (1) The Council shall, not later than 3 months before the commencement
of each planning period (or such lesser period as the Minister in special
circumstances approves in writing in relation to the planning period), prepare
a research and development plan for the planning period, setting out:
(a) the broad objectives of the Council in performing its functions during
the planning period; and
(b) a broad outline of the policies and strategies to be pursued by the
Council to achieve those objectives.
(2) The Council:
(a) shall, in preparing a research and development program under section 23
for a financial year in the planning period to which a research and
development plan applies (other than the program for the first financial year
in the planning period), review the plan and consider whether revision of the
plan is desirable;
(b) may, at any time, revise a research and development plan; and
(c) shall revise a research and development plan if the Minister requests
it, in writing, to revise the plan and gives reasons for the request.
(3) A research and development plan, and a revision of a research and
development plan:
(a) shall be submitted to the Minister as soon as practicable after it is
prepared; and
(b) has no effect until it is approved, in writing, by the Minister.
(4) Before preparing or revising a research and development plan, the
Council shall consult with the Australian Fisheries Council and the National
Fishing Industry Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 23
Annual research and development programs
SECT
23. (1) The Council shall, not later than 2 months before the commencement
of each financial year in the planning period to which a research and
development plan applies (or such lesser period as the Minister in special
circumstances approves in writing in relation to the financial year), prepare
a research and development program for the financial year, setting out:
(a) the kinds of fisheries research and development that the Council
proposes to fund, in whole or in part, from the Trust Fund during the
financial year;
(b) an estimate of the amount likely to be paid out of the Trust Fund during
the financial year in respect of fisheries research and development of each of
those kinds; and
(c) an estimate of the total amount likely to be paid out of the Trust Fund
during the financial year.
(2) If the Minister is of the opinion that the research and development
program is inconsistent with the research and development plan, the Minister
may, in writing, request the Council to revise the program.
(3) The Council shall revise the research and development program if the
Minister requests it under subsection (2) to do so and gives reasons for the
request.
(4) A research and development program, and a revision of a research and
development program:
(a) shall be submitted to the Minister as soon as practicable after it is
prepared; and
(b) has no effect until it is approved, in writing, by the Minister.
(5) The Minister shall approve a research and development program, or a
revision of a research and development program, unless the Minister is of the
opinion that the program or revised program, as the case may be, is
inconsistent with the research and development plan to which the program or
revised program, as the case may be, relates.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 24
Council to comply with plans and programs
SECT
24. To the extent that it is practicable to do so, the Council shall ensure
that the performance of its functions, and the exercise of its powers, is
consistent with, and designed to give effect to, the applicable research and
development plan and research and development program.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 4
Division 4-Employees, consultants and sub-committees of Council
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 25
Employees
SECT
25. (1) Subject to subsections (2), (3) and (4), the Council may, on behalf
of the Commonwealth, employ such persons as it considers necessary to perform
administrative and clerical services in connection with the performance of its
functions and the exercise of its powers.
(2) A person shall not be employed for the performance of a service referred
to in subsection (1) unless the Minister has approved, in writing, the
employment of persons to perform services of that kind.
(3) The terms and conditions of employment of persons employed under
subsection (1) shall be determined by the Council.
(4) In exercising its powers under this section, the Council shall comply
with any written directions given to it by the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 26
Consultants
SECT
26. (1) The Council may, on behalf of the Commonwealth, engage persons
having suitable qualifications and experience as consultants to the Council.
(2) The terms and conditions of engagement shall be determined by the
Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 27
Sub-committees
SECT
27. (1) The Council may establish sub-committees to assist it in the
performance of its functions and the exercise of its powers.
(2) The Council may appoint members of the Council and persons engaged as
consultants to the Council as members of a sub-committee.
(3) The Council may fix the number of members of a sub-committee required to
constitute a quorum at a meeting of the sub-committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 5
Division 5-Miscellaneous
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 28
Delegation
SECT
28. (1) The Council may, by resolution, either generally or as otherwise
provided by the resolution, delegate to a member of the Council, a
sub-committee of the Council or the person occupying an office in the
Department all or any of its powers under this Act, other than this power of
delegation.
(2) A power delegated under subsection (1) shall, when exercised by the
delegate, be deemed to have been exercised by the Council.
(3) The delegate is, in the exercise of a power delegated under subsection
(1), subject to the directions of the Council.
(4) A delegation of a power under subsection (1):
(a) may be revoked by resolution of the Council (whether or not constituted
by the persons who constituted the Council at the time the power was
delegated);
(b) does not prevent the exercise of the power by the Council; and
(c) continues in force notwithstanding a change in the membership of the
Council.
(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Council were a person.
(6) A certificate signed by the Chairperson stating any matter with respect
to a delegation of a power under subsection (1) is prima facie evidence of the
matter.
(7) A document purporting to be a certificate referred to in subsection (6)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 29
Annual report
SECT
29. (1) The Council shall, as soon as practicable after the end of each
financial year, prepare and give to the Minister a report of its operations
during that year.
(2) Without limiting the generality of subsection (1), the Council shall
include in the report an assessment of the extent to which its operations
during the year have:
(a) achieved the objectives set out in the research and development plan
applicable to the year; and
(b) implemented the research and development program applicable to the year.
(3) The Minister shall cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after its receipt
by the Minister.
(4) The Chairperson shall, as soon as practicable after the report has been
given to the Minister, provide copies of the report to the Fishing Industry
Policy Council of Australia, and meet with that Council in order to receive
its views on the report.
(5) If this Part does not commence at the beginning of a financial year,
subsections (1) and (2) have effect in relation to the period commencing on
the commencement of this Part and ending on the next 30 June as if:
(a) in a case where the period is less than 6 months-the period were
included in the next financial year; or
(b) in any other case-the period were a financial year.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - PART III
PART III-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT TRUST FUND
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 30
Establishment etc.
SECT
30. (1) An account by the name of the Fishing Industry Research and
Development Trust Fund is established by this subsection.
(2) The Trust Fund is a Trust Account for the purposes of section 62A of the
Audit Act 1901.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 31
Approved research funds
SECT
31. (1) Subject to subsection (2), the Minister may determine that a fund or
account established by or under a law of a State with respect to fisheries is
to be the approved research fund for the State for the purposes of section 33.
(2) There shall not at any time be more than one approved research fund for
a State.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 32
Approved money
SECT
32. The Minister may determine that money of a kind specified in the
determination is to be approved money for the purposes of section 33.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 33
Appropriation
SECT
33. (1) Subject to subsection (2), there shall be paid into the Trust Fund
out of the Consolidated Revenue Fund, which is appropriated accordingly, an
amount equal to each amount of approved money paid out of the approved
research fund of a State.
(2) The amount provided for by subsection (1) shall not, in any financial
year, exceed 1% of the average annual Gross Value of Production of the
Australian fishing industry for the immediately preceding 3 financial years,
as determined by the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 34
Other payments into Trust Fund
SECT
34. There shall be paid into the Trust Fund:
(a) amounts received by the Commonwealth:
(i) from the sale of any property paid for with money
from the Trust Fund;
(ii) from the sale of property produced, or from
dealing with patents in respect of inventions made, in the course of fishing
research and development projects funded, in whole or in part, by money from
the Trust Fund; and
(iii) in respect of any work paid for with money from
the Trust Fund;
(b) any other amounts received by the Commonwealth under an agreement made
under section 63; and
(c) amounts received by the Commonwealth as interest from the investment of
money standing to the credit of the Trust Fund.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 35
Payments out of Trust Fund
SECT
35. (1) Money may, with the approval of the Council, be paid out of the
Trust Fund:
(a) in payment or discharge of the expenses and liabilities incurred by the
Council or Selection Committee on behalf of the Commonwealth;
(b) in payment of remuneration, allowances and expenses payable under this
Act;
(ba) in payment of any fee payable to the Commonwealth under an arrangement
for the provision of administrative and clerical services to the Council by
the Commonwealth; and
(c) in payment of any expenses incurred by the Commonwealth in the
management of the investment of money standing to the credit of the Trust
Fund.
(2) Until the commencement of Part II, the first reference in subsection (1)
to the Council shall be read as a reference to the Selection Committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 36
Determinations by Minister to be tabled in the Parliament
and disallowable
SECT
36. (1) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901
apply to a determination made by the Minister under this Part as if references
to regulations were references to such determinations, references to a
regulation were references to a provision of such a determination and
references to repeal were references to revocation.
(2) Determinations made by the Minister under this Part shall be taken not
to be statutory rules within the meaning of the Statutory Rules Publication
Act 1903, but subsections 5 (3) to (3C) (inclusive) of that Act apply in
relation to such determinations as they apply in relation to statutory rules.
(3) For the purposes of the application of subsection 5 (3B) of the
Statutory Rules Publication Act 1903 in accordance with subsection (2) of this
section, the reference in the first-mentioned subsection to the Minister
specified in that subsection shall be read as a reference to the Minister
administering this Act.
(4) Section 5 of the Evidence Act 1905 applies to a determination made by
the Minister under this Part as that section applies to an order made by the
Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - PART IV
PART IV-THE FISHING INDUSTRY RESEARCH AND DEVELOPMENT
COUNCIL SELECTION COMMITTEE
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 1
Division 1-Establishment, functions and powers of
Selection Committee
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 37
Establishment
SECT
37. A committee by the name of the Fishing Industry Research and Development
Council Selection Committee is established by this section.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 38
Function
SECT
38. The function of the Selection Committee is to nominate to the Minister,
at the request of the Minister, persons for appointment as members of the
Council (other than the Chairperson or government member).
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 39
Powers
SECT
39. The Selection Committee has power to do, on behalf of the Commonwealth,
all things necessary or convenient to be done for, or in connection with, the
performance of its function.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 2
Division 2-Nominations for membership of Council
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 40
Minister may request nomination from Selection Committee
SECT
40. The Minister may, by notice in writing given to the Chairperson of the
Selection Committee, request the Selection Committee to nominate to the
Minister, within the period specified in the notice, a person for appointment
as a member of the Council (other than the Chairperson or government member).
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 41
Nominations
SECT
41. (1) Where the Minister requests the Selection Committee to nominate a
person for appointment as a member of the Council, the Selection Committee
shall, within the period specified in the request, nominate a person, in
writing, to the Minister.
(2) The nomination shall be accompanied by a statement setting out:
(a) details of the person's qualifications and experience; and
(b) such other information relating to the person as the Selection Committee
considers will assist the Minister in considering whether or not to appoint
the person.
(3) The Selection Committee shall nominate only one person for each
appointment.
(4) The Selection Committee may nominate a person for appointment even
though the Minister has previously rejected a nomination of that person for
another appointment or the Selection Committee has previously decided not to
nominate the person for appointment.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 42
Selection of persons by Selection Committee
SECT
42. (1) The Selection Committee shall not nominate a person unless the
person has:
(a) experience in fisheries administration or management at a senior level;
(b) experience in, and a broad knowledge of, the Australian fishing industry
and, in particular, the taking, processing or marketing of fish or fish
products;
(c) experience in, and a broad knowledge of, fisheries research and
development; or
(d) general administrative or management ability of a high order (whether or
not in the Australian fishing industry).
(2) The Selection Committee shall not nominate a person if:
(a) the person is a member of the Selection Committee; or
(b) the person was a member of the Selection Committee during the year
immediately preceding the making of the nomination.
(3) In selecting a person for nomination, the Selection Committee shall
choose from the available candidates the person who will best ensure that the
members of the Council collectively possess qualifications in all of the
fields described in paragraphs (1) (a) to (d) (inclusive).
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 43
Minister may request further information
SECT
43. Where the Minister considers the information contained in the statement
accompanying a nomination by the Selection Committee to be inadequate, the
Minister may, by notice in writing given to the Chairperson, request the
Selection Committee, within the period specified in the notice, to provide the
Minister with further specified information relating to the person.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 44
Minister may reject nomination
SECT
44. Where the Minister is not satisfied that a person nominated by the
Selection Committee should be appointed as a member of the Council, the
Minister may, by notice in writing given to the Chairperson, reject the
nomination and request the nomination of another person.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 3
Division 3-Constitution and meetings of Selection Committee
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 45
Constitution of Selection Committee
SECT
45. (1) The Selection Committee consists of the following members:
(a) the Chairperson;
(b) a member with experience in fisheries administration or management;
(c) a member with experience in fisheries research and development;
(d) a member nominated by the Australian Fisheries Council; and
(e) 3 members nominated by the National Fishing Industry Council.
(2) The performance of the functions, and the exercise of the powers, of the
Selection Committee are not affected by reason only of vacancies in the
membership of the Selection Committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 46
Role of Chairperson etc.
SECT
46. (1) The Chairperson of the Selection Committee is the principal
spokesperson of the Selection Committee and is responsible for its overall
operations and performance.
(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the
case requires.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 47
Appointment of members
SECT
47. (1) The members of the Selection Committee shall be appointed by the
Minister.
(2) The Minister shall not appoint a person to be the member referred to in
paragraph 45 (1) (b) unless the Minister is satisfied that the person has
experience in fisheries administration or management at a senior level.
(3) The Minister shall not appoint a person to be the member referred to in
paragraph 45 (1) (c) unless the Minister is satisfied that the person has
experience in, and a broad knowledge of, fisheries research and development.
(4) Where the Minister is not satisfied that a person nominated by the
Australian Fisheries Council or National Fishing Industry Council should be
appointed as a member of the Selection Committee, the Minister may reject the
nomination and request the nomination of another person.
(5) The Minister shall not appoint a member of the Council as a member of
the Selection Committee.
(6) A person who has attained 65 years of age shall not be appointed as a
member.
(7) The appointment of a member is not invalid because of a defect or
irregularity in connection with the member's nomination or appointment.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 48
Term of office of members
SECT
48. (1) A member of the Selection Committee:
(a) shall be appointed with effect from the day specified in the instrument
of appointment; and
(b) holds office, subject to this Act, for such term (not exceeding 3 years)
as is specified in the instrument of appointment, but is eligible for
re-appointment in accordance with this Act.
(2) If the member ceases to hold office before the end of the term of
appointment, another person may, in accordance with this Act, be appointed in
the member's place until the end of the term.
(3) A member ceases to hold office on attaining 65 years of age.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 49
Members to hold office on part time basis
SECT
49. The members of the Selection Committee hold office on a part time basis.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 50
Remuneration and allowances
SECT
50. (1) A member of the Selection Committee shall be paid such remuneration
as is determined by the Remuneration Tribunal.
(2) A member of the Selection Committee shall be paid such allowances as are
prescribed.
(3) Where:
(a) a person who is a member of the Selection Committee is also a member of,
or a candidate for election to, the Parliament of a State; and
(b) under the law of the State, the person would not be eligible to remain,
or to be elected, as a member of that Parliament if the person were entitled
to remuneration or allowances under this Act;
the person shall not be paid remuneration or allowances under this Act, but
shall be reimbursed the expenses that the person reasonably incurs in
performing duties under this Act.
(4) Where a person who is a member of the Selection Committee:
(a) is a member of the Parliament of a State, but subsection (3) does not
apply in relation to the person;
(b) is in the service or employment of a State or an authority of a State on
a full time basis; or
(c) holds or performs the duties of an office or position established by or
under a law of a State on a full time basis;
it is a condition of the person's holding office under this Act that the
person pay to the State, within one month of receiving an amount of
remuneration under this Act, an amount equal to the amount of remuneration.
(5) An amount payable under subsection (4) to a State by a person is a debt
due to the State, and the State may recover the amount by action against the
person in a court of competent jurisdiction.
(6) Subject to subsection (7), this section has effect subject to the
Remuneration Tribunals Act 1973.
(7) Subsection 7 (9) of the Remuneration Tribunals Act 1973 does not apply
in relation to a member of the Selection Committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 51
Leave of absence
SECT
51. (1) The Minister may grant leave of absence to the Chairperson of the
Selection Committee on such terms and conditions as the Minister considers
appropriate.
(2) The Chairperson may grant leave of absence to another member of the
Selection Committee on such terms and conditions as the Chairperson considers
appropriate.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 52
Resignation
SECT
52. A member of the Selection Committee may resign his or her office by
writing signed by the member and delivered to the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 53
Disclosure of interests
SECT
53. (1) Where:
(a) a member of the Selection Committee who has a direct or indirect
pecuniary interest in a matter being considered, or about to be considered, by
the Selection Committee (whether at a meeting or otherwise); and
(b) the interest could conflict with the proper performance of the member's
duties in relation to the consideration of the matter;
the member shall, as soon as practicable after the relevant facts have come to
the member's knowledge, disclose the nature of the interest at a meeting of
the Selection Committee.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the Selection Committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 54
Termination of appointment
SECT
54. (1) The Minister may terminate the appointment of a member of the
Selection Committee for misbehaviour or physical or mental incapacity.
(2) If:
(a) a member of the Selection Committee becomes bankrupt, applies to take
the benefit of a law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an assignment of his or her
remuneration for their benefit;
(b) a member of the Selection Committee, without reasonable excuse,
contravenes section 53;
(c) the Chairperson of the Selection Committee is absent, except with the
leave of the Minister, from 3 consecutive meetings of the Selection Committee;
or
(d) a member of the Selection Committee (other than the Chairperson) is
absent, except with the leave of the Chairperson, from 3 consecutive meetings
of the Selection Committee;
the Minister shall terminate the member's appointment.
(3) The Minister shall, at the request of the Australian Fisheries Council,
terminate the appointment of the member of the Selection Committee appointed
on the nomination of that Council.
(4) The Minister shall, at the request of the National Fishing Industry
Council, terminate the appointment of a member of the Selection Committee
appointed on the nomination of that Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 55
Terms and conditions of appointment not provided for by Act
SECT
55. A member of the Selection Committee holds office on such terms and
conditions (if any) in relation to matters not provided for by this Act as are
determined, in writing, by the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 56
Acting Chairperson
SECT
56. (1) The Minister may appoint a person (other than a member of the
Council or the Selection Committee) to act as Chairperson of the Selection
Committee:
(a) during a vacancy in the office of Chairperson (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chairperson is absent
from duty or from Australia or is, for any other reason, unable to perform the
duties of the office;
but a person appointed to act during a vacancy shall not continue to act for
more than 12 months.
(2) The appointment may be expressed to have effect only in specified
circumstances.
(3) Where:
(a) a person is acting under paragraph (1) (b); and
(b) the office of Chairperson becomes vacant;
then, subject to subsection (2) and paragraph (5) (b), the person may continue
to act until:
(c) the vacancy is filled; or
(d) a period of 12 months from the day on which the vacancy occurred
expires;
whichever happens first.
(4) A person acting as Chairperson has all the powers and duties of the
Chairperson.
(5) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed to act as Chairperson; and
(b) terminate the appointment at any time.
(6) A person appointed to act as Chairperson may resign the appointment by
writing signed by the person and delivered to the Minister.
(7) Anything done by or in relation to a person purporting to act as
Chairperson is not invalid because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 57
Deputies of members
SECT
57. (1) Subject to subsections (2) and (3), the Minister may appoint a
person to be the deputy of a member referred to in paragraph 45 (1) (b) or
(c).
(2) The Minister shall not appoint a person to be the deputy of the member
referred to in paragraph 45 (1) (b) unless the Minister is satisfied that the
person has experience in fisheries administration or management at a senior
level.
(3) The Minister shall not appoint a person to be the deputy of the member
referred to in paragraph 45 (1) (c) unless the Minister is satisfied that the
person has experience in, and a broad knowledge of, fisheries research and
development.
(4) The Minister may, on the nomination of the Australian Fisheries Council,
appoint a person to be the deputy of the member referred to in paragraph 45
(1) (d).
(5) The Minister may, on the nomination of the National Fishing Industry
Council, appoint a person to be the deputy of a member referred to in
paragraph 45 (1) (e).
(6) The deputy of a member holds office during the Minister's pleasure.
(7) If the Australian Fisheries Council requests the Minister to terminate
the appointment of a person appointed under subsection (2), the Minister shall
terminate the appointment.
(8) If the National Fishing Industry Council requests the Minister to
terminate the appointment of a person appointed under subsection (3), the
Minister shall terminate the appointment.
(9) The deputy of a member may attend meetings of the Selection Committee
that the member does not attend and shall, while attending such a meeting of
the Selection Committee, be deemed to be a member of the Selection Committee.
(10) The appointment of the deputy of a member is not invalid because of a
defect or irregularity in connection with the deputy's nomination or
appointment.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 58
Meetings
SECT
58. (1) Subject to subsection (2), meetings of the Selection Committee shall
be held at such times and places as the Selection Committee from time to time
determines.
(2) The Chairperson may at any time convene a meeting of the Selection
Committee.
(3) The Chairperson shall preside at all meetings of the Selection Committee
at which the Chairperson is present.
(4) If the Chairperson is not present at a meeting of the Selection
Committee, the members present shall appoint one of their number to preside at
the meeting.
(5) At a meeting of the Selection Committee:
(a) 4 members constitute a quorum;
(b) a question shall be decided by a majority of the votes of the members
present and voting; and
(c) the member presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(6) The Selection Committee shall keep minutes of its proceedings.
(7) The Selection Committee may invite a person to attend a meeting for the
purpose of advising or informing it on any matter.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 59
Resolutions without meetings
SECT
59. (1) Where 4 or more members of the Selection Committee sign a document
containing a statement that they are in favour of a resolution in the terms
set out in the document, a resolution in those terms shall be deemed to have
been passed at a duly convened meeting of the Selection Committee on the day
on which the document is signed, or, if the members who sign the document do
not sign it on the same day, on the day on which 4 members have signed the
document.
(2) Two or more separate but identical documents, each of which is signed by
one or more members, shall be deemed, for the purposes of subsection (1), to
constitute the one document.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 4
Division 4-Employees and consultants
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 60
Employees
SECT
60. (1) Subject to subsections (2), (3) and (4), the Selection Committee
may, on behalf of the Commonwealth, employ such persons as it considers
necessary to perform administrative and clerical services in connection with
the performance of its functions and the exercise of its powers.
(2) A person shall not be employed for the performance of a service referred
to in subsection (1) unless the Minister has approved, in writing, the
employment of persons to perform services of that kind.
(3) The terms and conditions of employment of persons employed under
subsection (1) shall be determined by the Selection Committee.
(4) In exercising its powers under this section, the Selection Committee
shall comply with any written directions given to it by the Minister.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 61
Consultants
SECT
61. (1) The Selection Committee may, on behalf of the Commonwealth, engage
persons having suitable qualifications and experience as consultants to the
Selection Committee.
(2) The terms and conditions of engagement shall be determined by the
Selection Committee.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - DIVISION 5
Division 5-Miscellaneous
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 62
Delegation
SECT
62. (1) The Selection Committee may, by resolution, either generally or as
otherwise provided by the resolution, delegate to a member of the Selection
Committee or the person occupying an office in the Department all or any of
its powers under Division 4.
(2) A power delegated under subsection (1) shall, when exercised by the
delegate, be deemed to have been exercised by the Selection Committee.
(3) The delegate is, in the exercise of a power delegated under subsection
(1), subject to the directions of the Selection Committee.
(4) A delegation of a power under subsection (1):
(a) may be revoked by resolution of the Selection Committee (whether or not
constituted by the persons who constituted the Selection Committee at the time
the power was delegated);
(b) does not prevent the exercise of the power by the Selection Committee;
and
(c) continues in force notwithstanding a change in the membership of the
Selection Committee.
(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Selection Committee were a person.
(6) A certificate signed by the Chairperson stating any matter with respect
to a delegation of a power under subsection (1) is prima facie evidence of the
matter.
(7) A document purporting to be a certificate referred to in subsection (6)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - PART V
PART V-MISCELLANEOUS
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 63
Agreements relating to fisheries research and development
SECT
63. (1) Subject to subsection (2), the Council may, on behalf of the
Commonwealth, enter into an agreement with a person, authority or organisation
for the carrying out of a fisheries research and development project by the
person, authority or organisation.
(2) Without limiting the matters that may be included in the agreement, the
agreement may:
(a) provide for:
(i) the money provided under the agreement, and any
property acquired or goods produced with that money, or with money that
includes that money, to be used for the purposes specified in the agreement;
and
(ii) the payment by the person, authority or
organisation to the Commonwealth of an amount equal to the whole, or such part
as the Council determines, of the money provided under the agreement if any of
the money provided under the agreement, or any of the property or goods
referred to in subparagraph (i), is or are used for a purpose not specified in
the agreement;
(b) make provision with respect to:
(i) the assigning of inventions and interests in
inventions;
(ii) the applying for patents for inventions;
(iii) the making, using, exercising and vending of
patented inventions; and
(iv) the granting of licences under patented
inventions;
being inventions made in the course of undertaking the fisheries research and
development project or doing any other act or thing with that money or with
money that includes that money;
(c) provide for the payment by the person, authority or organisation to the
Commonwealth of an amount equal to the whole, or such part as the Council
determines, of any net income derived by the person, authority or organisation
from:
(i) property acquired or goods produced with money
provided under the agreement or with money that includes that money; or
(ii) patents for, or interests in, inventions made, or
interests in any other property acquired, in the course of undertaking the
fisheries research and development project or doing any other act or thing
with that money or with money that includes that money;
(d) provide for the assignment by the person, authority or organisation to
the Commonwealth of any property or goods referred to in subparagraph (c) (i)
or of any patents or other interests referred to in subparagraph (c) (ii);
and
(e) provide for the payment by the person, authority or organisation to the
Commonwealth, in the event of the disposal (otherwise than to the
Commonwealth) of any property, goods, patents or interests referred to in
paragraph (c), of an amount equal to the whole, or such part as the Council
determines, of:
(i) in the case of a disposal by way of sale or
assignment for value-the net proceeds of the sale or assignment; and
(ii) in any other case-the value of the property,
goods, patents or interests as determined by the Council.
FISHING INDUSTRY RESEARCH AND DEVELOPMENT ACT 1987 - SECT 64
Regulations
SECT
64. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
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