Grain Research Foundation Act Amendment Act 1990 (Qld)

963 GRAIN RESEARCH F OUN D AT ION A CT AME NDM E NT A ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 4 . Interpretation 5. Repeal of and new s. 7. Membership of the Foundation Membership of the Foundation 6. Amendment of s. 8. Term of appointment of appointed members 7. Repeal of and new s . 10. Vacation of office by an appointed member Vacation of office 8. Amendment of s. 11. Filling of casual vacancies 9. Amendment of s. 12 . Proceedings of the Foundation 10. Amendment of s. 15. Functions of the Foundation 11. Repeal of ss. 18 and 19 and new s. 18 Financial arrangements 12. Repeal of s. 25. Audit ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE N o. 58 of 199 An Act to amend the Grain Research Foundation Act 1976 to alter the composition of membership of the Foundation and for other purposes [ASSENTED TO 18TH SEPTEMBER, 1990]

964 Grain Research Foundation Act Amendment Act 1990, No. 58 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Grain Research Foundation Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, or such of them as are specified, commence on the day or days appointed by Proclamation. 3. Citation . (1) In this Act the Grain Research Foundation Act 1976 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Grain Research Foundation Act 1976-1990. 4. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended- (a) by inserting after the definition "the Association" the following definitions:- "department" means the department of government of Queensland within which this Act is administered; "Director-General" means the chief executive by whatever title of office the chief executive is known, of the department and includes any officer temporarily discharging the responsibilities of the chief executive;"; (b) by inserting after the definition "the Foundation" the following definition:- ""grain industries" means the crop industries engaged in the production or development of cereal grains, coarse grains, oilseeds and grain legumes; the term includes any crop industry which is declared by the Governor in Council by Order in Council to be a grain industry for the purposes of this Act;"; (c) by omitting the definition "the Minister" and substituting the following definition:- "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister.". 5. Repeal of and new s. 7 . Membership of the Foundation. The Principal Act is amended by repealing section 7 and substituting the following section:- "7. Membership of the Foundation . (1) On the day appointed by the Governor in Council by notification published in the Gazette, the existing members of the Foundation cease to hold

Grain Research Foundation Act Amendment Act 1990, No. 58 965 office and on and from that day the Foundation is to consist of 7 members being- (a) (i) an officer of the department who is an agricultural scientist and has substantial experience in the administration of agricultural research; (ii) 2 agricultural scientists, each of whom represents a body, of whatever nature, which conducts agricultural research; nominated by the Director-General after consultation with the Association; (b) 4 representatives of the Association, each of whom- (i) is actively involved in the grain industries; (ii) has a comprehensive knowledge of the grain industries; and (iii) has the ability to assess research priorities of the grain industries; nominated by the Association. (2) (a) Nominations of the persons to be appointed members of the Foundation are to be made within the time and in the manner determined by the Minister. (b) If the Association does not make a nomination within the time and in the manner so determined, the Governor in Council may appoint persons to be members of the Foundation as the representatives of the Association and each such member is to be taken to have been nominated by the Association. (3) The members of the Foundation are to be appointed by the Governor in Council by notification published in the Gazette.'. 6. Amendment of s. 8 . Term of appointment of appointed members. Section 8 of the Principal Act is amended- (a) in the note appearing in and at the beginning of the section, by omitting the word " appointed"; (b) in subsection (1), by omitting the words "an appointed" and substituting the word "each' ; (c) in subsection c2), by omitting the words "An appointed" and substituting the word ` A". 7. Repeal of and new s. 10 . Vacation of office by an appointed member. The Principal Act is amended by repealing section 10 and substituting the following section:- "10. Vacation of office. (1) The office of a member of the Foundation becomes vacant if the member- (a) dies or becomes a patient within the meaning of the Mental Health Services Act 1974-1989; (b) becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is convicted in the State of an indictable offence (whether on indictment or summarily) or is convicted elsewhere

966 Grain Research Foundation Act Amendment Act 1990, No. 58 of an offence that, had it been committed in the State, would be an indictable offence; (d) is absent, without prior leave granted by the Foundation, from three consecutive ordinary meetings of the Foundation; (e) resigns his office by writing signed by him and given to the Minister; (f) in the case of the member referred to in section 7 (1) (a) (i), ceases to be an officer of the department; (g) in the case of a member referred to in section 7 (1) (b), is removed from office by the Governor in Council pursuant to subsection (2); (h) in the case of a member other than the member referred to in section 7 (1) (a) (i), is removed from office by the Governor in Council pursuant to subsection (3). (2) The Governor in Council is to remove from office a member referred to in section 7 (1) (b) on receipt of a request in writing by the Association to so remove him on the ground that the Association no longer desires him to be a member as its representative. (3) The Governor in Council may, for misbehaviour or incapacity appearing to him to be sufficient for so doing, remove from office a member other than the member referred to in section 7 ( 1) (a) (i). 8. Amendment of s. 11. Filling of casual vacancies . Section 11 of the Principal Act is amended in subsection (I)- (a) by omitting the words "an appointed" where firstly and secondly occurring and substituting the word "a " in each case; (b) by omitting the words "as an appointed member". 9. Amendment of s. 12. Proceedings of the Foundation . Section 12 of the Principal Act is amended in subsection (7) by, omitting the word "Three" and substituting the word "Four". 10. Amendment of s. 15. Functions of the Foundation . Section 15 of the Principal Act is amended- (a) in paragraph (a), by omitting the words oilseed and groundnut"; (b) in paragraph (c), by omitting the words ", oilseed and groundnut"; (c) in paragraph (d), by omitting the words ", oilseed and groundnut"; (d) in paragraph (f), by omitting the words oilseed and groundnut"; (e) in paragraph (g), by omitting the words ", oilseed and groundnut".

Grain Research Foundation Act Amendment Act 1990, No. 58 967 11. Repeal of ss. 18 and 19 and new s. 18 . The Principal Act is amended by repealing sections 18 and 19 and substituting the following section:- "18. Financial arrangements . It is hereby declared that the Foundation is a statutory body for the purposes of the StatutoryBodies Financial Arrangements Act 1982-1989 and is subject to the Financial Administration and Audit Act 1977-1988.". 12. Repeal of s. 25. Audit. The Principal Act is amended by repealing section 25.