Wheat Research Act 1957 (Cth)

WHEAT RESEARCH ACT 1957 [Note: This Act is "repealed" by Act No. 103 of 1985]
(#DATE 31:12:1982)

- Reprinted as at 31 December 1982

*1* The Wheat Research Act 1957 as shown in this reprint comprises Act No. 22, 1957 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
-----------------------------------------------------------------------------
Wheat Research Act
1957 22, 1957 30 May
1957 30 May 1957
Wheat Research
Amendment Act 1978 117, 1978 29 Sept
1978 29 Sept 1978 -
Wheat Research
Amendment Act 1979 172, 1979 29 Nov
1979 29 Nov 1979 -
Statute Law
(Miscellaneous
Amendments) Act
(No. 2) 1982 80, 1982 22 Sept
1982 Part LXXVII (s.
280): Royal
Assent(a) S. 280 (2)
and (3)
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(a) The Wheat Research Act 1957 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, sub-section 2 (1) of which provides that Part LXXVII shall come into operation on Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
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Ss. 3, 4. . . . . . . am. No. 117, 1978
S. 5. . . . . . . . . am. No. 117, 1978; No. 172, 1979
S. 6. . . . . . . . . am. No. 172, 1979
S. 7. . . . . . . . . am. No. 117, 1978
Ss. 9, 10 . . . . . . am. No. 80, 1982
S. 12 . . . . . . . . am. No. 117, 1978
S. 14 . . . . . . . . am. No. 117, 1978
S. 16 . . . . . . . . am. No. 117, 1978
S. 18 . . . . . . . . am. No. 117, 1978
rs. No. 172, 1979
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WHEAT RESEARCH ACT 1957 - LONG TITLE 
SECT

An Act to establish a Wheat Research Trust Account, and for purposes connected
therewith

WHEAT RESEARCH ACT 1957 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Wheat Research Act 1957.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

WHEAT RESEARCH ACT 1957 - 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 .

WHEAT RESEARCH ACT 1957 - SECT 3 
Interpretation 
SECT

  3. (1) In this Act, unless the contrary intention appears-

  "Committee" means a Wheat Industry Research Committee established in
pursuance of section 13;

         "Department of Agriculture", in relation to a State, means the
Department of Agriculture of the State or other Department of the State
dealing with agricultural matters;

         "the Account" means the Wheat Research Trust Account established by
this Act;

         "the Council" means the Wheat Industry Research Council established
in pursuance of section 9.
  (2) For the purposes of this Act, the Australian Capital Territory shall be
deemed to be part of the State of New South Wales.
  (3) A reference in this Act to a Committee shall, in relation to the State
of Tasmania, be read as a reference to the Minister.

WHEAT RESEARCH ACT 1957 - SECT 4 
Wheat Research Trust Account 
SECT

  4. (1) An Account is hereby established to be known as the Wheat Research
Trust Account.
  (2) The Account is a Trust Account for the purposes of section 62A of the
Audit Act 1901-1955.

WHEAT RESEARCH ACT 1957 - SECT 5 
Moneys to be paid into the Account 
SECT

  5. (1) There shall be paid into the Account-

  (a)  amounts equal to the amounts received under the Wheat Tax Act 1957;

        (aa)  amounts equal to the amounts received under the Wheat Tax Act
1979;

         (b)  amounts required for expenditure approved by the Minister under
section 7, not being amounts that, in the aggregate, exceed the aggregate of
the amounts paid into the Account by virtue of paragraphs (a) and (aa) of this
sub-section;

         (c)  moneys paid by any person to the Commonwealth for the purposes
of the Account; and

         (d)  interest from the investment of moneys standing to the credit of
the Account.
  (2) The Consolidated Revenue Fund is appropriated to the extent necessary
for the purposes of paragraphs (a), (aa) and (b) of the last preceding
sub-section.

WHEAT RESEARCH ACT 1957 - SECT 6 
Separate accounts to be kept 
SECT

  6. (1) A separate account shall be kept of the moneys in the Account
representing-

  (a)  the amounts paid into the Account in accordance with paragraph (b) of
sub-section (1) of the last preceding section; and

         (b)  the amounts paid into the Account in accordance with paragraph
(c) of that sub-section, not being amounts to which the next succeeding
sub-section applies.
  (2) A separate account shall be kept, in relation to each State, of the
moneys in the Account representing-

  (a)  the amounts paid into the Account as amounts equal to the amounts
received under the Wheat Tax Act 1957 in respect of wheat delivered to the
Australian Wheat Board in the State; and

        (aa)  the amounts paid into the Account as amounts equal to the
amounts received under the Wheat Tax Act 1979 in respect of wheat sold by the
Australian Wheat Board by a contract entered into in the State; and

         (b)  the amounts paid into the Account as moneys paid by any person
to the Commonwealth for the purposes of the Account on condition that those
moneys are to be expended in the State.
  (3) There shall be credited to each account kept in pursuance of this
section such amounts as are from time to time determined by the Minister to be
the just share of that account in amounts paid into the Account in accordance
with paragraph (d) of sub-section (1) of the last preceding section.

WHEAT RESEARCH ACT 1957 - SECT 7 
Application of the Account 
SECT

  7. (1) Subject to the next succeeding sub-section, amounts standing to the
credit of the account kept in accordance with sub-section (1) of the last
preceding section may be paid out of the Account, with the approval of the
Minister-

  (a)  for a purpose referred to in the next succeeding section;

         (b)  for the payment of the expenses incurred by the Council in the
performance of its functions under section 12; or

         (c)  for the payment of fees, allowances or expenses payable to a
member of the Council under section 17,

       and not otherwise.
  (2) The Minister shall not exercise his power under the last preceding
sub-section to approve the payment of moneys from the Account unless-

  (a)  the Council has recommended the payment of those moneys; and

         (b)  the Minister is satisfied that any research to be undertaken as
a result of the payment would not, if the payment were not made, have been
undertaken by the Commonwealth Scientific and Industrial Research
Organization, a Department of Agriculture of a State or a University in
Australia.
  (3) Amounts standing to the credit of an account kept in relation to a State
in accordance with sub-section (2) of the last preceding section may be paid
out of the Account, with the approval of the Committee for that State-

  (a)  for a purpose referred to in the next succeeding section, including a
purpose approved by the Minister under sub-section (1) of this section;

         (b)  for the payment of the expenses incurred by the Committee in the
exercise of its powers and the performance of its functions under this Act;
or

         (c)  for the payment of fees, allowances or expenses payable to a
member of the Committee under section 17,

       and not otherwise.

WHEAT RESEARCH ACT 1957 - SECT 8 
Purposes in respect of which expenditure may be approved 
SECT

  8. The purposes in respect of which expenditure may be approved under the
last preceding section are purposes in relation to the following matters:
  (a)  scientific or economic research in connexion with, or likely to
benefit, the wheat industry;

         (b)  the training of persons for purposes of the research referred to
in the last preceding paragraph;

         (c)  the dissemination of information and advice relating to
technical matters in connexion with the wheat industry;

         (d)  the publication of technical reports, periodicals, books and
papers in connexion with the wheat industry; and

         (e)  any purpose incidental to a purpose referred to in the preceding
paragraphs of this section.

WHEAT RESEARCH ACT 1957 - SECT 9 
Wheat Industry Research Council 
SECT

  9. (1) For the purposes of this Act, there shall be a Wheat Industry
Research Council, which shall consist of-

  (a)  one member to represent the Department;

         (b)  two members to represent growers of wheat;

         (c)  five members, namely, one member to represent the Department of
Agriculture of each of the States of Queensland, New South Wales, Victoria,
South Australia and Western Australia;

         (d)  one member to represent the Universities in Australia; and

         (e)  one member to represent the Commonwealth Scientific and
Industrial Research Organization.
  (2) The members of the Council shall be appointed by the Minister and hold
office during the pleasure of the Minister.
  (3) The members to represent growers of wheat shall be appointed upon the
nomination of the Australian Wheat Growers' Federation.
  (4) A member to represent the Department of Agriculture of a State shall be
appointed upon the nomination of the Minister of State administering that
Department.
  (5) The appointment of a member of the Council is not invalidated and shall
not be called in question by reason of a defect or irregularity in connexion
with his nomination.
  (6) The exercise of a power or the performance of a function by the Council
is not invalidated by reason only of there being a vacancy in the membership
of the Council.

WHEAT RESEARCH ACT 1957 - SECT 10 
Chairman of the Council 
SECT

  10. (1) The member of the Council who represents the Department shall be the
Chairman of the Council.
  (2) At a meeting of the Council at which the Chairman is not present the
members present shall elect one of their number to act as chairman at that
meeting.

WHEAT RESEARCH ACT 1957 - SECT 11 
Quorum and voting 
SECT

  11. At a meeting of the Council-

  (a)  seven members form a quorum;

         (b)  the Chairman, or, in his absence, the member elected by the
members present to act as chairman, shall preside;

         (c)  all questions shall be decided by a majority of votes of the
members present and voting; and

         (d)  the Chairman, or other member presiding, has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.

WHEAT RESEARCH ACT 1957 - SECT 12 
Functions of the Council 
SECT

  12. The Council-

  (a)  shall consult with the Committees established under this Act for the
purpose of achieving co-operation, and avoiding duplication, in research in
relation to which moneys are to be expended under this Act; and

         (b)  shall make recommendations to the Minister for the expenditure
of the moneys standing to the credit of the account kept in accordance with
sub-section (1) of section 6.

WHEAT RESEARCH ACT 1957 - SECT 13 
State Wheat Industry Research Committees 
SECT

  13. (1) For the purposes of this Act, there shall be a Wheat Industry
Research Committee for each State, other than the State of Tasmania.
  (2) A Committee for a State-

  (a)  shall consist of such number of members as is agreed upon from time to
time between the Minister and the State Minister; and

         (b)  shall be appointed by the Minister from persons nominated by the
State Minister but so that a majority of the members of the Committee shall be
persons who are members of, and have been nominated to the State Minister by,
an organization or organizations in the State affiliated with the Australian
Wheat Growers' Federation.
  (3) The members of a Committee hold office during the pleasure of the
Minister.
  (4) The appointment of a member of a Committee is not invalidated and shall
not be called in question by reason of a defect or irregularity in connexion
with his nomination or appointment.
  (5) The exercise of a power or the performance of a function by a Committee
is not invalidated by reason only of there being a vacancy in the membership
of the Committee.
  (6) In this section, "the State Minister", in relation to a State, means the
Minister of State administering the Department of Agriculture of that State.

WHEAT RESEARCH ACT 1957 - SECT 14 
Chairman of Committee 
SECT

  14. (1) At the first meeting of each Committee, the Committee shall appoint
one of its members to be the Chairman of the Committee.
  (2) At a meeting of each Committee held not earlier than 1 July and not
later than 30 September in each year after the year 1957, the Committee shall
appoint one of its members to be the Chairman of the Committee.
  (3) In the event of a vacancy occurring in the office of Chairman of a
Committee, the members of the Committee shall, at the next meeting of the
Committee, appoint one of their number to be the Chairman of the Committee.
  (4) A member of a Committee appointed as Chairman under any of the last
three preceding sub-sections holds office until the appointment of a successor
or until he ceases to be a member of the Committee (whichever first happens)
but is eligible for re-appointment.
  (5) Subject to the preceding provisions of this section, at a meeting of a
Committee at which the Chairman is not present the members present shall elect
one of their number to act as chairman at that meeting.

WHEAT RESEARCH ACT 1957 - SECT 15 
Quorum and voting 
SECT

  15. At a meeting of a Committee-

  (a)  a number of members of the Committee determined by the Minister, not
being less than two-thirds of the membership of the Committee, form a quorum;

         (b)  the Chairman, or, in his absence, the member elected by the
members present to act as chairman, shall preside;

         (c)  all questions shall be decided by a majority of votes of the
members present; and

         (d)  the Chairman, or other member presiding, has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.

WHEAT RESEARCH ACT 1957 - SECT 16 
Committee to notify Council of expenditure approved 
SECT

  16. Where a Committee for a State approves the expenditure of an amount
standing to the credit of the account kept in relation to that State under
sub-section (3) of section 7 for a purpose referred to in section 8, the
Committee shall forthwith forward to the Council particulars of the amount and
of the purpose for which the amount is to be expended.

WHEAT RESEARCH ACT 1957 - SECT 17 
Fees, allowances and expenses 
SECT

  17. (1) Subject to the next succeeding sub-section, members of the Council
or of a Committee shall be paid, in respect of attendance at meetings of the
Council or Committee or while engaged (whether in Australia or overseas), with
the approval of the Council or Committee, on business of the Council or
Committee, such fees and allowances as the Minister determines.
  (2) If a member of the Council or of a Committee is also a member of the
Parliament of the Commonwealth or of a State, he shall not be paid fees or
allowances under the last preceding sub-section, but shall be reimbursed such
expenses as he reasonably incurs by reason of his attendance at meetings of
the Council or Committee or of his engagement (whether in Australia or
overseas), with the approval of the Council or Committee, on business of the
Council or Committee.

WHEAT RESEARCH ACT 1957 - SECT 18 
Annual report 
SECT

  18. (1) The Minister shall, by 31 December in the year 1980 and in each
succeeding year, cause to be prepared and laid before each House of the
Parliament a report on the operation of this Act during the year that ended on
the preceding 30 June.
  (2) For the purposes of sub-section (1), the year ending on 30 June 1980
shall be deemed to include the period commencing on 1 January 1979 and ending
on 30 June 1979.

WHEAT RESEARCH ACT 1957 - SECT 19 
Regulations 
SECT

  19. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.