| C2004C06523 | RURAL INDUSTRIES RESEARCH ACT 1985 [Note: This Act is "repealed" by Act No. 59 of 1996]
(#DATE 12:11:1996)
- Updated as at 12 November 1996 *1* The Rural Industries Research Act 1985 as shown in this reprint comprises Act No. 102, 1985 amended as indicated in the Tables below. Table of Acts Act Date Date of Application, Number and of Assent commencement saving or year transitional provisions Rural Industries Research Act 1985 102, 1985 3 Oct 1985 3 Oct 1985 Wool Industry Amendment Act 1986 19, 1986 13 May 1986 Ss. 1, 2 and 26 (1), (3): - 30 June 1986 Remainder: 1 July 1986 Dairy Legislation (Transitional Provisions and Consequential Amendments) Act 1986 59, 1986 24 June 1986 Ss. 1, 2, 5, 9, 10 and S. 2 (2) 28: Royal Assent Remainder: 1 July 1986 (see s. 2 (3)) Wheat Marketing Amendment Act 1986 82, 1986 24 June 1986 Ss. 1, 2 and 46: Royal - Assent S. 30: 25 Oct 1984 Ss. 35-43: 1 Apr 1986 Remainder: 1 Aug 1986 (see Gazette 1986, No. S369) Primary Industries (Recovery of Levy Collection Expenses) Act 1988 51, 1988 15 June 1988 15 June 1988 S. 2 (2)-(4) Primary Industries and Energy Legislation Amendment Act 1988 111, 1988 12 Dec 1988 Ss. 5, 6 (2) and 8-15: S. 2 (3) 1 Jan 1989 Ss. 6 (1) and 7: 1 Dec 1988 Remainder: Royal Assent Rural Industries Research Amendment Act 1988 114, 1988 12 Dec 1988 Ss. 5 (1) (a), (g), Ss. 2 (4), 14 (b), 26 (f), 31 (1) 5 (2), and 41 (1) (a): 3 Oct 7 (2)-(4), 1985 (see s. 2 (2)) 11 (2), (3), S. 44: 28 Mar 1986 12 (2), 19 Ss. 48 and 49 (c): (2), 21 (2), 26 June 1986 24 (2), 25 Remainder: Royal Assent (2), 29 (2)-(4), 30 (2), 31 (3), 33 (2)-(4), 34 (2), 35 (2), 40 (2) and 41 (2) as amended by Primary Industries and Energy Legislation Amendment Act 1990 134, 1990 28 Dec 1990 (see 134, 1990 below) - Exotic Animal Disease Control Act 1989 (a) 130, 1989 7 Nov 1989 7 Nov 1989 - Primary Industries and Energy Legislation Amendment Act (No. 3) 1989 16, 1990 17 Jan 1990 S. 29 (3): 1 July 1989 (b) - Primary Industries and Energy Research and Development Act 1989 17, 1990 17 Jan 1990 Ss. 9, 26 (2), 31 (2), Ss. 151, 152 36 (2), 39 (2), Part 3 and 156 (3), (ss. 92-121), s. 156 and (4) Schedule 1: 1 July 1990 Remainder: Royal Assent Primary Industries and Energy Legislation Amendment Act 1990 134, 1990 28 Dec 1990 Part 7 (ss. 34-37): - 1 Oct 1990 Remainder: Royal Assent Primary Industries Legislation Amendment Act 1991 39, 1991 27 Mar 1991 S. 3 (1) (Schedule Ss. 4 and 5 (Part 1)) and s. 4: 1 July 1991 Remainder: Royal Assent Prime Minister and Cabinet Legislation Amendment Act 1991 199, 1991 18 Dec 1991 18 Dec 1991 - Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 129, 1994 21 Oct 1994 S. 3: Royal Assent (c) - Primary Industries and Energy Legislation Amendment Act (No. 1) 1996 18, 1996 28 June 1996 Schedule 4: ( see (d) - and Note 2) Statute Law Revision Act 43, 1996 25 Oct 1996 Schedule 4 (items 128, 129): Royal Assent (e) - (a) Section 30 of the Exotic Animal Disease Control Act 1989 provides as follows: "30. (1) The provisions of this Act (other than sections 1, 3, 21, 23, 24 and 27 and subsection (2) of this section), unless sooner repealed, cease to have effect at the end of 30 June 1995. "(2) Sections 1, 3, 23, 24 and 27 and this subsection, unless sooner repealed, cease to have effect at the end of 31 December 1995." (b) The Rural Industries Research Act 1985 was amended by section 29 (3) only of the Primary Industries and Energy Legislation Amendment Act (No. 3) 1989, subsection 2 (7) of which provides as follows: "(7) Subsection 29 (3) and Part 3 of the Schedule are to be taken to have commenced on 1 July 1989." (c) The Rural Industries Research Act 1985 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, 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." (d) The Rural Industries Research Act 1985 was amended by the Primary Industries and Energy Legislation Amendment Act (No. 1) 1996, subsection 2 (3) of which provides as follows: "(3) Schedules 3, 4 and 8 commence on the day on which a notice is published in the Gazette under subsection 6(6) of the Poultry Industry Assistance Act 1965." (See Note 2) (e) The Rural Industries Research Act 1985 was amended by Schedule 4 (items 128, 129) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows: "(1) Subject to subsections (2) and (3), 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. 3 am. No. 114, 1988 S. 4 am. No. 82, 1986; No. 114, 1988; No. 17, 1990; No. 129, 1994 S. 5 am. No. 114, 1988; No. 17, 1990 Ss. 5A-5E ad. No. 114, 1988 S. 6 am. No. 114, 1988 S. 7 am. Nos. 51 and 114, 1988 S. 7A ad. No. 114, 1988 S. 8 am. No. 114, 1988 S. 9 am. Nos. 51 and 114, 1988 Heading to Part IIA ad. No. 114, 1988 S. 10 am. No. 114, 1988; No. 17, 1990 S. 11 am. No. 114, 1988 S. 12 am. No. 82, 1986; No. 114, 1988; No. 16, 1990 Heading to Div. 2 of Part III am. No. 114, 1988 S. 14 am. No. 114, 1988; No. 17, 1990 Ss. 15-18 am. No. 114, 1988 S. 19 am. No. 114, 1988; No. 43,1996 Ss. 20, 21 am. No. 114, 1988 S. 22 am. No. 114, 1988; No. 17, 1990 Ss. 23-25 am. No. 114, 1988 Ss. 24A, 24B ad. No. 114, 1988 S. 24C ad. No. 114, 1988 am. No. 17, 1990 S. 25 am. No. 114, 1988 S. 26 rs. No. 114, 1988 S. 27 rs. No. 114, 1988 am. No. 17, 1990 S. 28 am. No. 114, 1988 S. 29 am. No. 114, 1988; No. 199, 1991 Ss. 30, 31 am. No. 114, 1988; No. 17, 1990 Part IV (ss. 32-34, 34A, rep. No. 17, 1990 35, 36) S. 32 rep. No. 17, 1990 Ss. 33, 34 am. No. 114, 1988 rep. No. 17, 1990 S. 34A ad. No. 114, 1988 rep. No. 17, 1990 Ss. 35, 36 am. No. 114, 1988 rep. No. 17, 1990 S. 37 am. No. 114, 1988 rep. No. 114, 1988 Ss. 38, 39 rep. No. 114, 1988 Part IVA (ss. 39A-39D) ad. No. 114, 1988 S. 39A ad. No. 114, 1988 am. No. 17, 1990 S. 39B ad. No. 114, 1988 Ss. 39C, 39D ad. No. 114, 1988 am. No. 17, 1990 Part IVB (ss. 39E-39R) ad. No. 114, 1988 S. 39E ad. No. 114, 1988 S. 39F ad. No. 114, 1988 rep. No. 17, 1990 S. 39G ad. No. 114, 1988 Ss. 39H-39M ad. No. 114, 1988 am. No. 17, 1990 S. 39N ad. No. 114, 1988 S. 39P ad. No. 114, 1988 am. No. 17, 1990 Ss. 39Q, 39R ad. No. 114, 1988 S. 41 am. No. 134, 1990 S. 43 am. No. 129, 1994 S. 44 am. No. 114, 1988; No. 17, 1990 S. 45 am. No. 114, 1988 S. 46 am. No. 114, 1988; No. 17, 1990 S. 50 am. No. 114, 1988; No. 17, 1990 S. 55 am. No. 43, 1996 S. 56 am. No. 114, 1988 S. 58 am. No. 114, 1988 S. 59 am. No. 114, 1988; No. 199, 1991 S. 61 am. No. 19, 1986; Nos. 111 and 114, 1988; No. 39, 1991 Schedule 1 am. Nos. 59 and 82, 1986; No. 114, 1988; No. 130, 1989; No. 16, 1990 Schedule 2 am. No. 82, 1986; No. 16, 1990 #ADD 20:8:1996 RURAL INDUSTRIES RESEARCH ACT 1985 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Objects
4. Interpretation
5. Declarations about levies
5A. Levies attached to a Fund or Council
5B. Redirecting a levy
5C. Annual research and development program in force when payment
made
5D. Relevant industry organisations
5E. Research and development activities included in an annual
research and development program
PART II-RESEARCH FUNDS
6. Establishment of Research Funds
7. Money to be paid into Research Funds
7A. Separate accounts to be kept: Research Funds generally
8. Separate accounts to be kept: Barley and Wheat Research Trust
Funds
9. Application of money in Research Funds
PART IIA-AGREEMENTS ABOUT RESEARCH AND DEVELOPMENT FUNDING
10. Agreements
PART III-ADMINISTRATION OF RESEARCH AND DEVELOPMENT
Division 1-Establishment, functions and powers of Research Councils
and State Research Committees
11. Establishment and functions of Research Councils
12. Establishment and functions of State Research Committees
13. Powers of Research Councils and State Research Committees
Division 2-Constitution and meetings of Councils and
State Research Committees
14. Constitution of Councils and State Research Committees
15. Acting Chairpersons of Councils or State Research Committees
16. Leave of absence in respect of members of Councils or State
Research Committees
17. Removal and resignation of members of Research Councils or State
Research Committees
18. Disclosure of interests of members of Councils or State Research
Committees
19. Remuneration and allowances of members of Councils and State
Research Committees
20. Appointment of members to sub-committees
21. Meetings of Councils or State Research Committees
Division 3-Research and Development Plans and Annual Research
and Development Programs
22. Research and development plans
23. Approval of research and development plans
24. Variation of research and development plans by Councils or State
Research Committees
24A. Approval for varied plan to run for 4 years from next 1 July:
Councils generally
24B. Approval for varied plans to run for 4 years from next 1 July:
Barley and Wheat Research Councils and Committees
24C. Pre-conditions for approval under section 24A or 24B
25. Variation of research and development plans at request of
Minister
26. When variations of research and development plans take effect
27. Annual research and development programs
28. Approval of annual research and development programs
Division 4-Staff and Consultants
29. Staff and consultants
Division 5-Accountability
30. Annual reports of Councils
31. Accountability to industry
PART IVA-CERTAIN PAYMENTS INTO, AND OUT OF, FUNDS
39A. Matching amounts not to exceed levy revenue
39B. Matching amounts not to exceed certain proportion of value of
production of relevant kind of goods
39C. Commonwealth may recover levy collection expenses from Fund
39D. Account from which levy reimbursement to be paid
PART IVB-RE-ORGANISATIONS OF FUNDS AND COUNCILS
39E. Additional levies attached to a Research Fund and Research
Council
39G. Change of name of Research Fund, Research Council or State
Research Committee
39H. Transfer of money between Funds where levies redirected
39J. Treatment of unmatched amounts where levies redirected
39K. Transfer of liabilities where levies redirected
39L. Treatment of amounts received, after levies redirected from
Fund, as a result of earlier expenditure from Fund
39M. Variation of research and development plans because of
attachment of levies
39N. Consequential variation of annual research and development
programs
39P. Effect of redirecting levies: agreements under section 10
39Q. Effect of redirecting levies: staff and consultants
39R. Winding up Research Funds and Councils to which no levy is
attached
PART V-RESEARCH COUNCILS SELECTION COMMITTEE
Division 1-Establishment, functions and powers of Selection Committee
40. Establishment of Research Councils Selection Committee
41. Functions of Selection Committee
42. Powers of Selection Committee
Division 2-Constitution and meetings of Selection Committee
43. Constitution of Selection Committee otherwise than for
performance of function referred to in paragraph 41 (b) or (c)
44. Constitution of Selection Committee for performance of functions
under paragraphs 41 (b) and (c)
45. Minister may request nominations
46. Selecting persons for nomination
47. Nominations
48. Minister may reject nominations
49. Acting Chairperson of Selection Committee
50. Deputies of Selection Committee members
51. Casual vacancies
52. Leave of absence in respect of members of Selection Committee
53. Removal and resignation of members of Selection Committee
54. Disclosure of interests of members of Selection Committee
55. Remuneration and allowances of members of Selection Committee
56. Meetings of Selection Committee
57. Resolutions without formal meetings of Selection Committee
58. Selection Committee to notify costs to each Council
Division 3-Staff and Consultants
59. Staff and consultants
Division 4-Accountability
60. Annual reports of Selection Committee
PART VI-MISCELLANEOUS
61. Co-ordination meetings
62. Regulations
SCHEDULE 1
NAMES OF RESEARCH FUNDS AND RESEARCH COUNCILS ESTABLISHED IN
RESPECT OF CERTAIN GOODS
SCHEDULE 2
NAMES OF STATE RESEARCH COMMITTEES ESTABLISHED IN RESPECT
OF CERTAIN GOODS
RURAL INDUSTRIES RESEARCH ACT 1985 - LONG TITLE
SECT
An Act to provide for the undertaking of research and development
in relation to certain goods, and for related purposes
RURAL INDUSTRIES RESEARCH ACT 1985 - PART I
PART I-PRELIMINARY
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 1
Short title
SECT
1. This Act may be cited as the Rural Industries Research Act 1985.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 3
Objects
SECT
3. The objects of this Act are:
(a) to make provision for the funding and administration of research and
development, in respect of goods of kinds that are subject to levies in
relation to which the regulations declare as mentioned in subsection 5 (1),
(2), (3) or (4), with a view to:
(i) increasing the commercial returns to members of the industry
concerned with goods of those kinds and to the community in general by
improving the production, processing, storage, transport or marketing of goods
of those kinds;
(ii) making more effective use of the resources and skills of the
community in general and of the scientific community in particular; and
(iii) improving accountability for expenditure upon research and
development activities in respect of goods of those kinds; and
(b) to make provision, additional to the provision referred to in paragraph
(a) but with a view to achieving purposes similar to the purposes set out in
subparagraphs (a) (i), (ii) and (iii), for the funding and administration of
research and development in respect of goods in circumstances where that
research and development:
(i) is in the national interest;
(ii) relates solely to goods of kinds not referred to in paragraph
(a); or
(iii) relates to goods of kinds referred to in paragraph (a) and also
to other goods.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 4
Interpretation
SECT
4. (1) In this Act, unless the contrary intention appears:
"acting Chairperson" means:
(a) in relation to a Council or State Research Committee-a person acting as
Chairperson of the Council or Research Committee under subsection 15 (1); and
(b) in relation to the Selection Committee-a person acting as Chairperson of
the Selection Committee under subsection 49 (1);
"animal" means any member, alive or dead, of the animal kingdom, other than
man;
"annual research and development program" means a program required by
section 27 to be developed by a Council or State Research Committee;
"appoint" includes re-appoint;
"appropriate Minister", in relation to a State, means the Minister of the
Crown of the State who has primary responsibility for agricultural matters and
includes a Minister of the Crown of the State acting on behalf of that
Minister;
"ARMCANZ" means:
(a) subject to paragraph (b), Agriculture and Resource Management Council of
Australia and New Zealand, whether known by that name or any other name; or
(b) if another body is prescribed by the regulations for the purposes of
this definition-that other body;
"attached" has the meaning given by section 5A;
"authorised representative", in relation to a Council, means the Council's
Chairperson or a person who is a member of the Council or an officer of the
Australian Public Service and is authorised in writing by the Chairperson to
act under subsection 10 (1);
"Chairperson" means:
(a) in relation to a Council or State Research Committee-the Chairperson of
the Council or Research Committee; and
(b) in relation to the Selection Committee-the Chairperson of the Selection
Committee;
"Collection Act", in relation to a levy, means the legislation providing for
the collection of that levy;
"Council" means:
(a) except in relation to a Fund-a Research Council; and
(b) in relation to a Fund to which a levy is attached-the Research Council
to which that levy is attached;
"Fund" means:
(a) except in relation to a Council or State Research Committee-a Research
Fund;
(b) in relation to a Research Council to which a levy is attached-the
Research Fund to which that levy is attached; and
(c) in relation to a State Research Committee-the Research Fund established
in respect of goods of the kind or kinds in respect of which the Research
Committee was established;
"goods" means:
(a) an animal or a plant, or a part of an animal or a plant; or
(b) an article or a substance derived from an animal or a plant, whether or
not in combination with any other article or substance;
"government member", in relation to a Council, means the person holding
office under section 14 as the Council's government member;
"in", in relation to an account kept under section 7A, 8 or 35, means
standing to the credit of;
"included", in relation to an annual research and development program, has a
meaning affected by section 5E;
"matching amount", in relation to a levy or class of levies, means an amount
that, by virtue of paragraph 7 (1) (b), was or is paid at a particular time
(whether before, at or after the commencement of this definition) into:
(a) a Fund to which the levy or class is or was attached at that time; and
(b) an account kept under subsection 7A (2) or paragraph 8 (2) (a) in
relation to the relevant kind of goods in relation to the levy or class;
"modifications" includes additions, omissions and substitutions;
"plant" means any member, alive or dead, of the plant kingdom;
"program year", in relation to a Council or State Research Committee,
means:
(a) the period beginning at the start of the period to which the first
research and development plan prepared (whether before or after the
commencement of this definition) by the Council or Research Committee related
or relates and ending on the next 30 June after the start of that period; or
(b) a financial year beginning after that 30 June;
"redirected" has the meaning given by section 5B;
"relevant industry organisation", in relation to goods of a particular kind,
means an organisation in relation to which a declaration under subsection 5D
(2) is in force in relation to goods of that kind;
"relevant kind" means:
(a) in relation to a levy-unless the levy is in a class of levies attached
to a Fund, the kind of goods in respect of which the levy is imposed;
(b) in relation to levies or a class of levies-the kind of goods that the
regulations declare to be the general kind of goods in relation to those
levies; and
(c) in relation to a Fund or Council:
(i) a kind of goods in respect of which there is imposed a levy that
is attached to the Fund or Council, other than a levy in a class of levies
that is so attached; or
(ii) a kind of goods that the regulations declare to be the general
kind of goods in relation to a class of levies that is attached to the Fund or
Council;
"research and development", in respect of goods generally or goods of a
particular kind or kinds, means, subject to subsections (4A) and (5),
systematic experimentation or analysis in any field of science, technology or
economics carried out with the object of:
(a) acquiring knowledge that may be of use for the purpose of improving any
aspect of the production, processing, storage, transport or marketing of goods
generally or goods of that kind or those kinds; or
(b) applying knowledge for the purpose referred to in paragraph (a);
"research and development activity", in respect of goods generally or goods
of a particular kind or kinds, means, subject to subsections (4A) and (5):
(a) a research and development project in respect of goods generally or
goods of that kind or those kinds;
(b) the training of persons to carry out research and development in respect
of goods generally or goods of that kind or those kinds;
(c) the dissemination of information, or the provision of advice and
assistance, to persons who, or organizations that, are engaged in any aspect
of the production, processing, storage, transport or marketing of goods
generally or goods of that kind or those kinds for the purpose of encouraging
those persons or organizations to follow practices, or to adopt technical
developments, designed or adapted to improve the operation or efficiency of
that aspect of production, processing, storage, transport or marketing;
(d) the publication of reports, periodicals, books or papers containing
information that is related to research and development in respect of goods
generally or goods of that kind or those kinds; or
(e) an activity incidental to an activity referred to in paragraph (a), (b),
(c) or (d);
"research and development plan" means:
(a) a plan developed by a Council or State Research Committee under section
22 and approved by the Minister under section 23; or
(b) such a plan as varied at least once under section 24, 25 or 39M;
"research and development project", in respect of goods generally or goods
of a particular kind or kinds, means, subject to subsections (4A) and (5), a
project for research and development in respect of goods generally or goods of
that kind or those kinds;
"research component", in relation to a levy, means so much of the levy as:
(a) if the regulations declare the whole or a part of the levy to be the
research component of the levy-the regulations declare to be the research
component of the levy; or
(b) if paragraph (a) does not apply and the levy is referred to in column 1
of a Part of Schedule 1-is described in column 2 of that Part opposite that
reference;
"Research Council" means a council that has been established by section 11
and has not been dissolved under regulations made under section 39R;
"Research Fund" means a research fund that has been established by section 6
and has not been abolished under regulations made under section 39R;
"Selection Committee" means the Research Councils Selection Committee
established by this Act;
"State Research Committee" means a research committee established for a
State by subsection 12 (1) or (2).
(1A) For the purposes of this Act, a tax imposed under the Wheat Tax
(Permit) Act 1984 on a permit issued by the Australian Wheat Board shall be
deemed to be a tax imposed on the wheat authorised by that permit to be
purchased.
(2) For the purposes of this Act:
(a) where the Chairperson of a Research Council or State Research Committee
or of the Selection Committee is a man, he may be referred to as the Chairman
of the Council or Committee of which he is the Chairperson; and
(b) where the Chairperson of a Research Council or State Research Committee
or of the Selection Committee is a woman, she may be referred to as the
Chairwoman of the Council or Committee of which she is the Chairperson.
(4) In this Act, unless the contrary intention appears:
(a) a reference to an aspect of the marketing of goods generally or of goods
of a particular kind or kinds shall be construed as not including the
promotion of goods generally or of goods of that kind or those kinds, as the
case may be; and
(b) a reference to a levy shall be construed as a reference to any tax,
whether that tax is designated as a levy, a tax or a charge, that is imposed
by an Act.
(4A) Except so far as the contrary intention appears, a reference in this
Act to research and development, a research and development activity, or a
research and development project, in respect of goods of a kind or kinds
(whether or not the kind or kinds is or are specified in a particular way)
includes a reference to research and development, a research and development
activity, or a research and development project, as the case may be, in
respect of goods of kinds that include the first-mentioned kind or kinds.
(5) Where goods of a particular kind, being goods in respect of which a levy
is imposed, are grown, reared or maintained, either wholly or partly, to
enable the production of goods of another kind, a reference in this Act,
either by express words or by implication, to research and development, to a
research and development activity, or to a research and development project,
in respect of goods of that kind, shall be construed as including a reference
to research and development, to a research and development activity, or to a
research and development project, in respect of goods of that other kind, as
the case requires.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5
Declarations about levies
SECT
5. (1) The regulations may, for the purposes of this Act, declare a levy
specified in the regulations, being a levy imposed in respect of goods of a
particular kind, to be, with effect from a day specified in the regulations,
being a day not earlier than 1 January 1986, a prescribed levy.
(2) The regulations may, for the purposes of this Act, declare levies
specified in the regulations, being levies imposed in respect of goods of
particular kinds, to be, with effect from a day specified in the regulations,
being a day not earlier than 1 January 1986, a prescribed class of levies.
(3) The regulations may, for the purposes of this Act, declare a specified
levy imposed in respect of goods of a particular kind to be an additional levy
attached to a specified Research Fund and a specified Research Council with
effect from a specified day not earlier than the day of commencement of this
subsection.
(4) The regulations may, for the purposes of this Act, declare specified
levies imposed in respect of goods of particular kinds to be a class of
additional levies attached to a specified Research Fund and a specified
Research Council with effect from a specified day not earlier than the day of
commencement of this subsection.
(5) The regulations may, in relation to a levy or levies, declare as
mentioned in subsection (1) or (3), or in subsection (2) or (4), as the case
may be, even if the regulations have so declared in relation to the levy or
levies at least once before.
(6) Where, in relation to particular levies, the regulations declare as
mentioned in subsection (2) or (4), the regulations shall, for the purposes of
this Act, declare a specified kind of goods to be the general kind of goods in
relation to those levies.
(7) Neither of subsections (3) and (4) applies in relation to:
(a) the Barley Research Trust Fund or the Wheat Research Trust Fund;
(b) the levy imposed by the Barley Research Levy Act 1980; or
(c) any of the levies referred to in column 1 of Part V of Schedule 1.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5A
Levies attached to a Fund or Council
SECT
5A. For the purposes of this Act, a levy or class of levies is attached to a
Fund or Council if, and only if, the levy or class:
(a) has become attached to the Fund or Council by virtue of section 6, 11,
39E or 39F; and
(b) has not since ceased, by virtue of section 5B, to be attached to the
Fund or Council.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5B
Redirecting a levy
SECT
5B. (1) Where:
(a) at a particular time, a levy or class of levies becomes attached to a
Fund and a Council; and
(b) immediately before that time, the levy or class was attached to another
Fund and another Council;
then, for the purposes of this Act, the levy or class:
(c) is redirected at that time:
(i) from the other Fund to the first-mentioned Fund; and
(ii) from the other Council to the first-mentioned Council; and
(d) ceases at that time to be attached to the other Fund and the other
Council.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5C
Annual research and development program in force when payment made
SECT
5C. A reference in this Act to an annual research and development program
prepared by a Council and in force at the time when a payment is made with the
Council's approval includes a reference to such a program, prepared by the
Council and in force at that time, that had not yet been prepared, or was not
yet in force, when the approval was given.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5D
Relevant industry organisations
SECT
5D. (1) This section has effect where:
(a) regulations take effect that declare, in relation to a particular levy
or particular levies, as mentioned in subsection 5 (1) or (3), or in
subsection 5 (2) or (4), as the case may be; and
(b) immediately before the regulations take effect, no regulations are in
effect that so declare in relation to the levy or levies.
(2) The Minister shall, by notice published in the Gazette, declare a
specified organisation that, or specified organisations each of which, is
concerned with the production, processing, storage, transport or marketing of
goods of the relevant kind in relation to the levy or levies to be, with
effect from the day specified in the declaration referred to in paragraph (1)
(a), a relevant industry organisation, or relevant industry organisations, in
relation to goods of that kind.
(3) The Minister may, by notice published in the Gazette, vary, with effect
from a specified day, a declaration under subsection (2) (including such a
declaration that has been varied at least once before) by doing either or both
of the following:
(a) declaring an organisation that, or organisations each of which, is so
concerned, to be;
(b) declaring an organisation or organisations no longer to be;
such a relevant industry organisation or such relevant industry organisations.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 5E
Research and development activities included in an annual research and
development program
SECT
5E. For the purposes of this Act, a research and development activity (in
this section called the "activity") in respect of goods generally or goods of
a particular kind or kinds is included in an annual research and development
program in force at a particular time if, and only if:
(a) the activity is within a broad grouping of such research and development
activities that is described in the program; and
(b) when:
(i) if the program has been varied
before that time-the program as last so varied came into force; or
(ii) otherwise-the program came into force;
the Council or State Research Committee that prepared the program proposed to
fund the activity or was prepared, subject to its examination of specified
proposals, to fund the activity.
RURAL INDUSTRIES RESEARCH ACT 1985 - PART II
PART II-RESEARCH FUNDS
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 6
Establishment of Research Funds
SECT
6. (1) Where the regulations declare a levy that is imposed in respect of
goods of a particular kind, being a levy referred to in column 1 of Part I of
Schedule 1, to be, with effect from a day that is specified in the
regulations, a prescribed levy, then, for the purposes of this Act:
(a) a Research Fund is established on that day in respect of goods of that
kind;
(b) that Fund shall be known by the name that is set out in column 3 of that
Part opposite to the reference that is set out in column 1 of that Part to the
levy; and
(c) the levy shall be taken to have become attached to that Fund at the
beginning of that day.
(2) Where the regulations declare levies that are imposed in respect of
goods of particular kinds, being the levies referred to in column 1 of Part
II, III, IV or V of Schedule 1, to be, with effect from a day that is
specified in the regulations, a prescribed class of levies, then, for the
purposes of this Act:
(a) a Research Fund is established on that day in respect of goods of those
kinds;
(b) that Fund shall be known by the name that is set out in column 3 of that
Part opposite to the reference in column 1 of that Part to the levies that are
included in that prescribed class of levies; and
(c) that class of levies, and each levy in that class, shall be taken to
have become attached to that Fund at the beginning of that day.
(3) Where the regulations declare a levy that is imposed in respect of goods
of a particular kind, to be, with effect from a day that is specified in the
regulations, a prescribed levy, then, for the purposes of this Act:
(a) a Research Fund is established on that day in respect of goods of that
kind;
(b) that Fund shall be known by the name that is specified in the
regulations; and
(c) the levy shall be taken to have become, or becomes, as the case
requires, attached to that Fund at the beginning of that day.
(4) Where the regulations declare levies imposed in respect of goods of
particular kinds to be, with effect from a day that is specified in the
regulations, a prescribed class of levies, then, for the purposes of this
Act:
(a) a Research Fund is established on that day in respect of goods of those
kinds;
(b) that Research Fund shall be known by the name that is specified in the
regulations; and
(c) that class of levies, and each levy in that class, shall be taken to
have become, or becomes, as the case requires, attached to that Fund at the
beginning of that day.
(5) Each Research Fund is a Trust Account for the purposes of section 62A of
the Audit Act 1901.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 7
Money to be paid into Research Funds
SECT
7. (1) There shall be paid into a Research Fund amounts equal to:
(a) the amounts from time to time received by the Commonwealth, under the
Collection Act for each levy attached to the Fund, as:
(i) the research component of that levy;
(ii) amounts (if any) paid on behalf of a person liable to pay that
levy, by a person other than that person, in respect of the research component
of that levy; and
(iii) amounts of penalty for non-payment of that levy, to the extent
that the penalty is attributable to non-payment of the research component of
that levy;
(b) subject to sections 39A and 39B, amounts equal to one-half of the
amounts from time to time required to be paid out of the Fund in accordance
with section 9 (other than subsection 9 (3A));
(c) amounts paid to the Commonwealth for the purposes of the Research Fund;
(d) subject to section 39L, amounts received by the Commonwealth:
(i) from the sale of any property paid for with money from the
Research Fund;
(ii) from the sale of any property produced, or from dealing with
patents in respect of inventions made, in the course of carrying out any
research and development activity, or research and development activities, in
respect of goods of a kind or kinds, paid for with money from the Research
Fund; or
(iii) in respect of any work paid for with money from the Research
Fund; and
(e) amounts received by the Commonwealth as interest from the investment of
money standing to the credit of the Research Fund.
(4) Amounts payable into a Research Fund by virtue of paragraph (1) (a) or
(b) are payable out of the Consolidated Revenue Fund, which is appropriated
accordingly.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 7A
Separate accounts to be kept: Research Funds generally
SECT
7A. (1) This section applies in relation to a Research Fund (in this section
called the "Fund") other than the Barley Research Trust Fund or the Wheat
Research Trust Fund.
(2) A separate account shall be kept, in relation to each relevant kind of
goods in relation to a levy or class of levies attached to the Fund, of the
money in the Fund representing the amounts paid into the Fund (whether before,
at or after the commencement of this section):
(a) by virtue of subparagraphs 7 (1) (a) (i) and (ii) as applying in
relation to that levy or those levies; and
(b) by virtue of paragraph 7 (1) (b) because of the amounts required to be
paid, in accordance with section 9, out of:
(i) the first-mentioned account; and
(ii) the account kept under subsection (3) in relation to that kind of
goods.
(3) A separate account shall be kept, in relation to each relevant kind of
goods in relation to a levy or class of levies attached to the Fund, of the
money in the Fund representing the amounts paid into the Fund (whether before,
at or after the commencement of this section) by virtue of subparagraph 7 (1)
(a) (iii) as applying in relation to that levy or those levies.
(4) If there are 2 or more relevant kinds of goods in relation to the Fund,
the amounts required by virtue of paragraphs 7 (1) (c), (d) and (e) to be paid
into the Fund shall be credited, in such proportions as the Council for the
Fund determines to be appropriate, to the various separate accounts kept under
subsection (3) of this section in relation to those kinds of goods.
(5) Otherwise, the amounts required by virtue of paragraphs 7 (1) (c), (d)
and (e) to be paid into the Fund shall be credited to the account kept under
subsection (3).
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 8
Separate accounts to be kept: Barley and Wheat Research Trust Funds
SECT
8. (1) An account kept under subsection (2) in relation to a Research Fund
shall be taken for the purposes of this Act to be kept in relation to the
relevant kind of goods in relation to the levy or class of levies attached to
the Fund.
(2) So far as the Barley Research Trust Fund or the Wheat Research Trust
Fund is concerned:
(a) a separate account shall be kept of such of the money in that Research
Fund as represents:
(i) amounts referred to in subparagraph 7 (1) (a) (iii);
(ii) amounts referred to in paragraph 7 (1) (b); and
(iii) amounts referred to in paragraph 7 (1) (c), not being amounts to
which paragraph (b) of this subsection applies; and
(b) a separate account shall be kept, in relation to each State, of such of
the money in that Research Fund as represents:
(i) the parts of the amounts referred to in subparagraphs 7 (1) (a)
(i) and (ii) that are received by the Commonwealth in respect of goods of the
kind or kinds in respect of which that Research Fund was established, being
goods that are produced in the State; and
(ii) amounts referred to in paragraph 7 (1) (c), being amounts that
are paid to the Commonwealth for the purposes of that Research Fund on
condition that those amounts be expended in the State.
(3) So far as the Barley Research Trust Fund or the Wheat Research Trust
Fund is concerned, the amounts required to be paid into that Research Fund
that are referred to in paragraph 7 (1) (d) shall be credited to the various
separate accounts kept in accordance with subsection (2) in such proportions
as the Barley Research Council or the Wheat Research Council, as the case
requires, determines to be appropriate.
(4) So far as the Barley Research Trust Fund or the Wheat Research Trust
Fund is concerned, the amounts required to be paid into that Research Fund
that are referred to in paragraph 7 (1) (e) shall be credited to the various
separate accounts kept in accordance with subsection (2) in the same
proportions as funds have been contributed from those various separate
accounts for the purposes of making the investments referred to in that
paragraph.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 9
Application of money in Research Funds
SECT
9. (1) The money that is in a Research Fund and in an account kept under
subsection 7A (2) or (3) in relation to a particular kind of goods may, with
the approval of the Council for the Fund, be paid out of that account:
(a) for the purposes of research and development activities in respect of
goods of that kind that are included in an annual research and development
program prepared by the Council and in force when the payment is made;
(b) in payment of expenses incurred by the Council in performing its
functions, to the extent that the expenses were incurred in connection with
research and development activities (in this subsection called "eligible
activities") in respect of goods of that kind;
(c) in payment to the Commonwealth of amounts equal to the expenses the
Commonwealth incurs in managing the investment of money that is in the Fund
and in an account kept under subsection 7A (2) or (3) in relation to that kind
of goods;
(d) in payment of remuneration and allowances:
(i) payable under section 19 to the Council's members; and
(ii) payable to persons engaged under subsection 29 (2) by the
Council's Chairperson;
to the extent that the remuneration and allowances are payable in respect of
work done by those members and persons, respectively, in respect of eligible
activities; and
(e) in payment to the Commonwealth of amounts equal to the amounts specified
in notices the Selection Committee gives to the Council under section 58 in
respect of the Committee's activities in relation to the selection of members
of the Council.
(1A) Where, if this subsection had not been enacted, an amount required to
be paid out of a Research Fund in accordance with subsection (1) would be
permitted to be paid, with the approval of the Council for the Fund, out of
any one of 2 or more accounts kept under section 7A in relation to the Fund,
the amount may instead be paid, with that approval, out of any 2 or more of
those accounts in such proportions as the Council determines to be
appropriate.
(1B) To the extent that:
(a) an expense incurred by a Research Council in performing its functions is
incurred otherwise than in connection with; or
(b) remuneration or allowances:
(i) payable under section 19 to a member of a Research Council; or
(ii) payable to a person engaged under subsection 29 (2) by a Research
Council's Chairperson;
is or are payable in respect of work done by the member or person otherwise
than in respect of;
research and development activities in respect of goods of a kind or kinds, an
amount may, with the Council's approval, be paid, in payment of the expense,
remuneration or allowances, as the case may be:
(c) out of any one of the accounts kept under section 7A in relation to the
Council's Fund; or
(d) out of any 2 or more of those accounts in such proportions as the
Council considers to be appropriate.
(1C) The money that is in the Barley Research Trust Fund or the Wheat
Research Trust Fund and in an account kept under paragraph 8 (2) (a) may, with
the approval of the Council for the Fund, be paid out of that account:
(a) for the purposes of research and development activities in respect of
goods of the relevant kind in relation to the Fund that are included in an
annual research and development program prepared by the Council and in force
when the payment is made;
(b) in payment of expenses incurred by the Council in performing its
functions;
(c) in payment to the Commonwealth of amounts equal to the expenses the
Commonwealth incurs in managing the investment of money in the Fund;
(d) in payment of remuneration and allowances:
(i) payable under section 19 to the Council's members; and
(ii) payable to persons engaged under subsection 29 (2) by the
Council's Chairperson; and
(e) in payment to the Commonwealth of amounts equal to the amounts specified
in notices the Selection Committee gives to the Council under section 58 in
respect of the Committee's activities in relation to the selection of members
of the Council.
(2) The money that is in the Barley Research Trust Fund or the Wheat
Research Trust Fund and in an account kept under paragraph 8 (2) (b) in
relation to a State other than Tasmania may, with the approval of the Research
Committee established for that State in respect of goods of the kind or kinds
in respect of which that Fund was established, be paid out of that account:
(a) for the purposes of research and development activities in respect of
goods of the relevant kind in relation to the Fund that are included in an
annual research and development program prepared by the Committee and in force
when the payment is made;
(b) in payment of expenses incurred by the Committee in performing its
functions; and
(c) in payment of remuneration and allowances:
(i) payable under section 19 to the Committee's members; and
(ii) payable to persons engaged under subsection 29 (2) by the
Committee's Chairperson.
(3) The money in the Barley Research Trust Fund or the Wheat Research Trust
Fund and in an account kept under paragraph 8 (2) (b) in relation to Tasmania
may, with the approval of the appropriate Minister of Tasmania, be paid out of
that account for the purposes of undertaking such research and development
activities in respect of goods of the relevant kind in relation to the Fund as
that Minister determines to be of special significance for Tasmania.
(3A) Money may also be paid out of a Research Fund in accordance with
section 39C or 39D.
(4) A reference in paragraph (1) (b), (1B) (a), (1C) (b) or (2) (b) to an
expense incurred by a Council or State Research Committee in performing its
functions includes a reference to an expense incurred by the Council or
Committee in respect of the provision to it of administrative and clerical
services if, and only if, those services are provided:
(a) by a person engaged under subsection 29 (1) by the Chairperson of the
Council or Committee; or
(b) under an arrangement entered into by the Council or Committee under
subsection (5) or (6), as the case may be, of this section.
(5) A Research Council may enter into an arrangement:
(a) with the Minister, on behalf of the Commonwealth; or
(b) with the approval of the Minister, with any other person or
organization;
for the provision of administrative and clerical services to that Research
Council by the Commonwealth or that person or organization, as the case
requires, and, where such an arrangement is entered into, any fee paid by that
Research Council under that arrangement for the provision of those services
shall be taken, for the purposes of this Act, to be an expense incurred by
that Research Council in the performance of its functions.
(6) A State Research Committee may enter into an arrangement:
(a) with the Minister, on behalf of the Commonwealth; or
(b) with the approval of the Minister:
(i) with the appropriate Minister of the State in respect of which
that State Research Committee has been established, on behalf of that State;
or
(ii) with any other person or organization;
for the provision of administrative and clerical services to that State
Research Committee by the Commonwealth, that State, or that person or
organization, as the case requires, and, where such an arrangement is entered
into, any fee paid by the State Research Committee under that arrangement for
the provision of those services shall be taken, for the purposes of this Act,
to be an expense incurred by that State Research Committee in the performance
of its functions.
RURAL INDUSTRIES RESEARCH ACT 1985 - PART IIA
PART IIA-AGREEMENTS ABOUT RESEARCH AND DEVELOPMENT FUNDING
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 10
Agreements
SECT
10. (1) An authorised representative of a Council may, on the Commonwealth's
behalf, make an agreement with a person, authority or organisation for the
purposes of, or for purposes in connection with, funding a research and
development activity, in respect of goods of a relevant kind or relevant kinds
in relation to the Council, that is included in an annual research and
development program prepared by the Council and in force when the agreement is
made.
(2) Where the Barley Research Trust Fund or the Wheat Research Trust Fund
has been established, the Chairperson of the Research Committee established
for a State in respect of goods of the kind or kinds in respect of which that
Research Fund was established or another person, being another member of that
State Research Committee who is authorized by the Chairperson of that State
Research Committee, in writing, to act under this subsection, may, on behalf
of the Commonwealth, make an agreement with a person, an authority or an
organization for the purposes of, or for purposes in connection with, the
funding of a research and development activity in respect of goods of that
kind or those kinds, being an activity that has been included in an annual
research and development program prepared by that State Research Committee in
respect of goods of that kind or those kinds and in force at the time when the
agreement is made.
(3) Where the Barley Research Trust Fund or the Wheat Research Trust Fund
has been established, the appropriate Minister in relation to the State of
Tasmania or another person, being an officer of the Australian Public Service
who is authorized by that Minister, in writing, to act under this subsection,
may, on behalf of the Commonwealth, make an agreement with a person, an
authority or an organization for the purposes of, or for purposes in
connection with, the undertaking of any research and development activity in
respect of goods of the kind or kinds in respect of which the Research Fund
was established, being an activity that that Minister determines, for the
purposes of subsection 9 (3), to be of special significance for the State of
Tasmania.
(4) Without limiting the generality of subsection (1), (2) or (3), an
agreement made:
(a) under subsection (1) by an authorised representative of a Council;
(b) under subsection (2) by the Chairperson of a State Research Committee or
by a person authorized by the Chairperson of a State Research Committee to act
under that subsection; or
(c) under subsection (3) by the appropriate Minister of the State of
Tasmania or by a person authorized by that Minister to act under that
subsection;
with a person, an authority or an organization in relation to money to be
provided out of a Fund may:
(d) provide for:
(i) the money provided under the agreement, and any property acquired
with that money or with money that includes that money, to be used only for
the purposes specified in the agreement; and
(ii) the payment by the person, authority or organisation to the
Commonwealth, for the purposes of the Fund, of an amount equal to the whole,
or such part as that Council, State Research Committee or appropriate Minister
determines, of the money provided under the agreement if money so provided or
property of the kind referred to in subparagraph (i) is used for a purpose not
specified in the agreement;
(e) provide for the payment by the person, authority or organization to the
Commonwealth, for the purposes of the Fund, of an amount equal to the whole,
or such part as that Council, State Research Committee or appropriate Minister
determines, of any net income derived by the person, authority or organization
from:
(i) property acquired with money provided under the agreement or with
money that includes that money; or
(ii) interests in, rights to apply for patents in respect of, or
patents in respect of, inventions made, or any other property acquired, in the
course of undertaking a research and development activity to which the
agreement relates or doing any other act or thing with that money or with
money that includes that money;
(f) provide for the assignment by the person, authority or organization to
the Commonwealth of any property referred to in subparagraph (e) (i) or of any
interests, rights, patents or other property referred to in subparagraph (e)
(ii); and
(g) provide for the payment by the person, authority or organization to the
Commonwealth for the purposes of the Fund, in the event of the disposal,
otherwise than to the Commonwealth, of any property of a kind referred to in
paragraph (e), of an amount equal to the whole, or such part as that Council,
State Research Committee or appropriate 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
that Research Council, State Research Committee or appropriate Minister.
RURAL INDUSTRIES RESEARCH ACT 1985 - PART III
PART III-ADMINISTRATION OF RESEARCH AND DEVELOPMENT
RURAL INDUSTRIES RESEARCH ACT 1985 - DIVISION 1
Division 1-Establishment, functions and powers of Research
Councils and State Research Committees
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 11
Establishment and functions of Research Councils
SECT
11. (1) Where the regulations declare a levy that is imposed in respect of
goods of a particular kind, being a levy referred to in column 1 of Part I of
Schedule 1, to be, with effect from a day specified in the regulations, a
prescribed levy, then, for the purposes of this Act:
(a) a Research Council is established on that day in respect of goods of
that kind;
(b) that Research Council shall be known by the name set out in column 4 of
that Part opposite to the reference to the levy in column 1 of that Part; and
(c) the levy shall be taken to have become attached to that Council at the
beginning of that day.
(2) Where the regulations declare levies that are imposed in respect of
goods of particular kinds, being the levies referred to in column 1 of Part
II, III, IV or V of Schedule 1, to be, with effect from a day specified in the
regulations, a prescribed class of levies, then, for the purposes of this
Act:
(a) a Research Council is established on that day in respect of goods of
those kinds;
(b) that Research Council shall be known by the name set out in column 4 of
that Part opposite to the reference to the levies included in the prescribed
class of levies in column 1 of that Part; and
(c) that class of levies and each levy in it shall be taken to have become
attached to that Council at the beginning of that day.
(3) Where the regulations declare a levy imposed in respect of goods of a
particular kind to be, with effect from a day specified in the regulations, a
prescribed levy, then, for the purposes of this Act:
(a) a Research Council is established on that day in respect of goods of
that kind;
(b) that Research Council shall be known by the name specified in the
regulations; and
(c) the levy shall be taken to have become, or becomes, as the case
requires, attached to that Council at the beginning of that day.
(4) Where the regulations declare levies imposed in respect of goods of
particular kinds to be, with effect from a day specified in the regulations, a
prescribed class of levies, then, for the purposes of this Act:
(a) a Research Council is established on that day in respect of goods of
those kinds;
(b) that Research Council shall be known by the name specified in the
regulations; and
(c) that class of levies and each levy in it shall be taken to have become,
or becomes, as the case requires, attached to that Council at the beginning of
that day.
(5) The functions of a Research Council are:
(a) to investigate and evaluate the requirements for research and
development in respect of goods of the relevant kind or relevant kinds
generally and, on the basis of that investigation and evaluation, to develop
research and development plans in accordance with section 22;
(b) to develop annual research and development programs in accordance with
section 27;
(c) to approve, in accordance with section 9, the payment of money from the
Council's Fund;
(d) to monitor, and report to the Parliament and to each relevant industry
organisation in relation to each relevant kind of goods about, the research
and development activities, in respect of goods of the relevant kind or
relevant kinds, that are funded, wholly or partly, from money in that Fund;
(e) to participate, as required, in co-ordination meetings convened pursuant
to section 61; and
(f) such other functions as are conferred on that Research Council by this
Act or any other Act.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 12
Establishment and functions of State Research Committees
SECT
12. (1) Where the regulations declare the levy imposed on goods by the
Barley Research Levy Act 1980 to be, with effect from a day that is specified
in the regulations, a prescribed levy, there is established, in relation to
each State that is referred to in column 2 of Part I of Schedule 2 opposite to
the reference to the levy in column 1 of that Part, on that day, a Research
Committee for that State in respect of goods of that kind having the name
specified in column 3 of that Part opposite to the reference to that State.
(2) Where the regulations declare the levies imposed on goods by the Wheat
Tax Act 1957, the Wheat Tax Act 1979, the Wheat Tax (Permit) Act 1984 and the
Wheat Industry Fund Levy Act 1989 to be, with effect from a day that is
specified in the regulations, a prescribed class of levies, there is
established, in relation to each State that is referred to in column 2 of Part
II of Schedule 2 opposite to the reference to those levies in column 1 of that
Part, on that day, a Research Committee for that State in respect of goods of
those kinds having the name specified in column 3 of that Part opposite to the
reference to that State.
(3) The functions of a Research Committee established for a State in respect
of goods of a particular kind or kinds are:
(a) to investigate and evaluate the requirement for research and development
in respect of goods of that kind or those kinds with particular emphasis upon
the research and development requirements of that State and, on the basis of
that investigation and evaluation, to develop research and development plans
for that State in accordance with section 22;
(b) to develop annual research and development programs for that State in
accordance with section 27;
(c) to approve, in accordance with subsection 9 (2), the payment of money
from the Research Fund established in respect of goods of that kind or those
kinds, being money standing to the credit of an account kept in accordance
with paragraph 8 (2) (b) in relation to that State;
(d) to monitor, and to report to the Research Council established in respect
of goods of that kind or those kinds on, the research and development
activities, in respect of goods of that kind or those kinds, that are funded,
in whole or in part, from money standing to the credit of that Research Fund;
and
(e) such other functions as are conferred on that State Research Committee
by this Act or any other Act.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 13
Powers of Research Councils and State Research Committees
SECT
13. (1) A Research Council or State Research Committee has power to do all
things that are necessary or convenient to be done for, or in connection with,
the performance of its functions.
(2) To the extent that it is practicable to do so, a Research Council or
State Research Committee shall endeavour to ensure that the exercise, at any
time, of the powers conferred on it by this Act is consistent with, and
designed to give effect to the provisions of, any research and development
plan, and of any annual research and development program, prepared by it and
in force at that time.
RURAL INDUSTRIES RESEARCH ACT 1985 - DIVISION 2
Division 2-Constitution and meetings of Councils and
State Research Committees
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 14
Constitution of Councils and State Research Committees
SECT
14. (1) A Council shall be constituted by the following members, namely:
(a) a Chairperson;
(b) a government member; and
(c) such number of other members, being a number that is not fewer than 3
nor more than 7, as the Minister determines, in writing, to be appropriate in
relation to that Council.
(2) A State Research Committee shall be constituted by the following
members, namely:
(a) a Chairperson; and
(b) such number of other members, being a number that is not fewer than 4
nor more than 8, as the Minister determines, in writing, to be appropriate in
relation to that State Research Committee.
(3) The Minister shall not make a determination under paragraph (1) (c) in
relation to a Council until he or she has consulted each relevant industry
organisation in relation to each relevant kind of goods in relation to the
Council and has had regard to the views (if any) expressed by the organisation
or organisations.
(4) The Minister shall not determine the number of members referred to in
paragraph (2) (b) in relation to a State Research Committee until he or she
has consulted the appropriate Minister of the State concerned with respect to
the matter and has had regard to the views expressed by the appropriate
Minister.
(5) All members of a Council or State Research Committee shall hold office
as part-time members.
(6) A member of a Council or State Research Committee shall be appointed by
the Minister with effect from such day as the Minister specifies in the
instrument of appointment of the member.
(7) A member of a Council, other than the government member, or a member of
a State Research Committee holds office, subject to this Act, for such period,
not exceeding 3 years, as the Minister specifies in the instrument of
appointment of the member but is eligible for re-appointment.
(8) The government member of a Council holds office, subject to this Act,
during the Minister's pleasure.
(9) A person who has attained the age of 65 years shall not be appointed as
a member of a Council or of a State Research Committee.
(10) A person shall not be appointed as a member, other than the government
member, of a Council or as a member of a State Research Committee for a period
that extends beyond the day on which the person will attain the age of 65
years.
(11) A person holding office as the government member of a Council shall
cease to hold office on the day on which the person will attain the age of 65
years.
(12) The Minister shall not appoint a person to be the government member
unless the Minister is satisfied that that person has a knowledge of, and
experience in, the formulation of government policy and in public
administration.
(13) The members of a Council, other than the Chairperson and the government
member, shall be appointed from persons nominated by the Selection Committee
in accordance with section 46.
(14) The Chairperson and the other members of a State Research Committee
shall be appointed from persons nominated for the purpose by the appropriate
Minister of the State concerned.
(15) The members of a Council or State Research Committee hold office on
such terms and conditions (if any) in respect of matters not provided for by
this Act as are determined, in writing, by the Minister.
(16) The exercise of a power or the performance of a function by a Research
Council or State Research Committee is not affected by reason only of there
being a vacancy or vacancies in the membership of that Council or State
Research Committee.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 15
Acting Chairpersons of Councils or State Research Committees
SECT
15. (1) The Minister may appoint a person to act as Chairperson of a Council
or State Research Committee:
(a) during a vacancy in the office of Chairperson of that Council or State
Research Committee, whether or not an appointment has previously been made to
the office; or
(b) during any period, or during all periods, when the Chairperson of that
Council or State Research Committee is absent from duty or from Australia, or
is, for any other reason, unable to perform the functions of the office of
Chairperson of that Council or State Research Committee;
but a person appointed to act during a vacancy shall not continue so to act
after the expiration of 12 months commencing on the date on which the vacancy
occurred.
(2) An appointment of a person under subsection (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.
(3) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as Chairperson of a Council or
State Research Committee; and
(b) terminate such an appointment at any time.
(4) Where a person is acting as Chairperson of a Council or a State Research
Committee in accordance with paragraph (1) (b) and the office of Chairperson
of that Council or State Research Committee becomes vacant while that person
is so acting, then, subject to subsection (2), that person may continue so to
act until the Minister otherwise directs, the vacancy is filled or a period of
12 months commencing on the day on which the vacancy occurred expires,
whichever first happens.
(5) The appointment of a person to act as Chairperson ceases to have effect
if the person resigns the appointment by writing signed by the person and
delivered to the Minister.
(6) While a person is acting as Chairperson of a Council, or of a State
Research Committee, the person has, and may exercise, all the powers, and
shall perform all the functions, of the Chairperson of that Council or State
Research Committee under this Act.
(7) The validity of anything done by, or in relation to, a person purporting
to act as the Chairperson of a Council or of a State Research Committee under
subsection (1) shall not be called in question on the ground that the occasion
for the person's appointment had not arisen, that there is a defect or
irregularity in or in connection with the person's appointment, that the
appointment had ceased to have effect or that the occasion for the person to
act had not arisen or had ceased.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 16
Leave of absence in respect of members of Councils or State Research
Committees
SECT
16. (1) The Minister may grant leave of absence to the Chairperson of a
Council or State Research Committee upon such terms and conditions as the
Minister thinks fit.
(2) The Chairperson of a Council or State Research Committee may grant leave
of absence to another member of that Council or State Research Committee upon
such terms and conditions as the Chairperson of that Council or State Research
Committee thinks fit.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 17
Removal and resignation of members of Research Councils or State Research
Committees
SECT
17. (1) The Minister may terminate the appointment of a member of a Council
or State Research Committee for misbehaviour or physical or mental incapacity.
(2) If:
(a) a member of a Council or State Research Committee becomes bankrupt,
applies to take the benefit of any 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 a Council or State Research Committee fails, without
reasonable excuse, to comply with the member's obligations under section 18;
(c) the Chairperson of a Council or State Research Committee is absent,
except with leave of the Minister, from 3 consecutive meetings of that Council
or State Research Committee; or
(d) a member of a Council or State Research Committee other than the
Chairperson of that Council or Committee is absent, except with the leave of
the Chairperson, from 3 consecutive meetings of that Council or State Research
Committee;
the Minister shall terminate the appointment of the member concerned.
(3) A member of a Council or State Research Committee may resign from office
by writing signed by the member and delivered to the Minister.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 18
Disclosure of interests of members of Councils or State Research Committees
SECT
18. (1) A member of a Council or State Research Committee who has a direct
or indirect pecuniary interest in a matter being considered or about to be
considered by that Council or State Research Committee, being an interest that
could conflict with the proper performance of that member's functions in
relation to the consideration of the matter, shall, as soon as practicable
after the relevant facts have come to the knowledge of that member, disclose
the nature of that interest at a meeting of that Council or State Research
Committee.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the meeting of the Council or State Research Committee concerned.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 19
Remuneration and allowances of members of Councils and State Research
Committees
SECT
19. (1) Each member of a Council or State Research Committee shall be paid
such remuneration as is determined by the Remuneration Tribunal.
(2) Each member of a Council or State Research Committee shall be paid such
allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973
other than subsections 7 (9) and (13) of that Act.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 20
Appointment of members to sub-committees
SECT
20. (1) A Council may appoint members of that Council to be a sub-committee
of that Council for the purpose of advising that Research Council in relation
to the performance of its functions.
(2) A State Research Committee may appoint members of that State Research
Committee to be a sub-committee of that State Research Committee for the
purpose of advising that State Research Committee in relation to the
performance of its functions.
(3) For the purpose of determining the remuneration and allowances, or
expenses, payable to a person who is a member of a Council or State Research
Committee in respect of his or her performance of duties as a member of a
sub-committee of that Council or State Research Committee, any act or thing
done by the person in his or her capacity as a member of that sub-committee
shall be treated as if it were done by the person in his or her capacity as a
member of that Council or State Research Committee.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 21
Meetings of Councils or State Research Committees
SECT
21. (1) The Chairperson of a Council or State Research Committee may convene
such meetings of that Council or State Research Committee as the Chairperson
considers necessary for the performance of its functions.
(2) Meetings of a Council or State Research Committee shall be held at such
places and at such times as the Chairperson of that Council or State Research
Committee determines.
(3) The Chairperson of a Council or State Research Committee shall preside
at all meetings of the Council or State Research Committee at which the
Chairperson is present.
(4) If, at a meeting of a Council or State Research Committee, the
Chairperson of that Council or State Research Committee is not present, the
members of that Council or State Research Committee who are present shall
elect one of their number to preside at the meeting.
(5) A quorum at a meeting of a Council or State Research Committee is
constituted by a majority of the members of that Council or State Research
Committee.
(6) At a meeting of a Council or State Research Committee:
(a) all questions shall be determined by a majority of the votes of the
members of the Council or State Research Committee present and voting; and
(b) the person presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(7) A Council or State Research Committee shall keep a record of its
proceedings.
RURAL INDUSTRIES RESEARCH ACT 1985 - DIVISION 3
Division 3-Research and Development Plans and Annual Research
and Development Programs
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 22
Research and development plans
SECT
22. (1) A Council shall, for each successive period determined in accordance
with subsection (5), develop, and prepare in written form, a research and
development plan defining the Council's principal objectives during that
period in relation to research and development in respect of goods of a
particular kind or kinds, being the relevant kind or kinds in relation to the
Council during that period, and giving a broad outline of the strategies the
Council is to follow in achieving those objectives.
(2) Each State Research Committee shall develop, and prepare in written
form, for each successive period determined in accordance with subsection (5),
a research and development plan defining the principal objectives of that
State Research Committee during that period in relation to research and
development in respect of goods of the particular kind or kinds in respect of
which that State Research Committee was established with particular emphasis
upon research and development requirements of the State in respect of which
that State Research Committee was established and giving a broad outline of
the strategies to be pursued by that State Research Committee in achieving
those objectives.
(3) A Council or State Research Committee shall not prepare a research and
development plan for the purposes of subsection (1) or (2) until the Council
or State Research Committee has consulted:
(a) in the case of a Council-each relevant industry organisation in relation
to each relevant kind of goods in relation to the Council;
(c) in the case of a State Research Committee-each relevant industry
organisation in relation to the relevant kind of goods in relation to the
Research Council established in respect of goods of the kind or kinds in
respect of which the State Research Committee was established; and
(d) in any case-such other Departments and agencies as the Council or State
Research Committee considers appropriate;
and has had regard to the views (if any) expressed as a result of those
consultations.
(4) A research and development plan shall not be prepared for the purposes
of subsection (2) by a State Research Committee established in respect of
goods of a particular kind or kinds unless that State Research Committee has
consulted with the Research Council established in respect of goods of that
kind or those kinds concerning the matters proposed for inclusion in that plan
with a view to minimizing or avoiding the inclusion in that plan of matters
included in plans that have been prepared, or to be included in plans that are
being prepared, by that Research Council and by each other State Research
Committee established in respect of goods of that kind or those kinds.
(5) The first research and development plan prepared by a Council in
accordance with subsection (1) or by a State Research Committee in accordance
with subsection (2) shall be expressed to relate to the period of 5 years
commencing on the 1 July next following the day on which that Council or State
Research Committee is established, or to such lesser period, not being a
period of less than 4 years, ending on the day on which that first-mentioned
period ends, as the Minister approves for the purposes of this subsection, and
each subsequent plan shall be expressed to relate to the period of 5 years
commencing at the end of the period to which the immediately preceding plan
relates.
(6) The Minister shall determine, in writing, the form of, and, subject to
the other requirements of this section, the matters to be dealt with by, each
research and development plan that is required to be prepared in accordance
with subsection (1) or (2) and may, from time to time, vary any determination
so made.
(6A) A plan prepared under this section shall be prepared in accordance with
the determination in force under subsection (6) when the plan is prepared.
(7) The Minister:
(a) shall not make a determination under subsection (6) or vary any
determination so made unless the Minister has consulted with the persons
attending a co-ordination meeting convened under section 61 concerning the
proposed determination or the proposed variation and has had regard to the
views expressed at that meeting in relation to that determination or
variation; and
(b) shall notify, in writing, any determination or variation so made to the
Chairperson of each Council or State Research Committee as soon as practicable
after that determination or variation is made.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 23
Approval of research and development plans
SECT
23. (1) A research and development plan prepared by a Council or State
Research Committee in accordance with section 22 shall be submitted to the
Minister for approval not less than 3 months, or such lesser period as the
Minister, in special circumstances, allows, before the intended day of
commencement of the period to which the plan relates and shall not come into
force until:
(a) the day on which it is approved by the Minister; or
(b) the day of commencement of the period to which it relates;
whichever is the later.
(2) Where a research and development plan is submitted to the Minister by a
Council or State Research Committee in accordance with subsection (1) and the
Minister is of the opinion that the plan should be revised in some respect,
the Minister may request that Council or State Research Committee to revise
the plan appropriately and shall include in such a request a statement setting
out his or her reasons for making the request.
(3) If a Council or a State Research Committee receives a request under
subsection (2), it shall consider the request and statement of reasons and
shall make such revision of the research and development plan to which the
request relates as it considers to be appropriate and shall then submit the
plan, as so revised, to the Minister for approval.
RURAL INDUSTRIES RESEARCH ACT 1985 - SECT 24
Variation of research and development plans by Councils or State Research
Committees
SECT
24. (1) A Council or State Research Committee that prepared a research and
development plan shall, as soon as practicable after the 30 June next
following the day on which the plan comes into force and as soon as
practicable after each subsequent 30 June occurring before the day of
expiration of the plan, review the plan and consider whether a variation of
the plan is necessary.
(2) A Council or State Research Committee that prepared a research and
development plan may, at any time other than the times referred to in
subsection (1), whether or not the plan has come into force, review the plan
and consider whether a variation to the plan is necessary.
(3) Where a Council or State Research Committee that prepared a research and
development plan considers that a variation to the plan is necessary, it may,
with the approval of the Minister, vary the plan.
(4) When requesting the Minister's approval for a variation of a research
and development plan, a Council or State Research Committee shall provide the
Minister with a statement of its reasons for making the request and shall
provide the Minister with such other information as the Minister requests.
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