Australian Centre for International Agricultural Research Amendment Act 1992
No. 170 of 1992
An Act to amend the Australian Centre for International Agricultural Research Act 1982
[Assented to 11 December 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Australian Centre for International Agricultural Research Amendment Act 1992.
(2) In this Act, “Principal Act” means the Australian Centre for International Agricultural Research Act 19821.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Interpretation
3. Section 3 of the Principal Act is amended by inserting the following definition:
“ ‘international agricultural research centre’ means an independent, non-profit organisation that:
(a) is internationally funded; and
(b) carries out:
(i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and
(ii) activities related to such research;”.
Functions
4. Section 5 of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) “in Australia” (first occurring);
(b) by adding at the end of subsection (1) the following word and paragraphs:
“; and (d) to establish and fund training schemes related to its research programs; and
(e) to conduct and fund development activities related to its research programs; and
(f) to fund international agricultural research centres.”.
Constitution of Board
5. Section 8 of the Principal Act is amended by omitting paragraph (1)(c).
Constitution of Council
6. Section 19 of the Principal Act is amended:
(a) by omitting from paragraph (1)(c) “Director, Australian Development Assistance Bureau” and substituting “Director-General, Australian International Development Assistance Bureau, or a person nominated by the Director-General”;
(b) by omitting from paragraph (1)(d) “12 nor more than 16” and substituting “9 nor more than 11”;
(c) by omitting from paragraph (3)(b) “minority” and substituting “number”;
(d) by omitting from paragraph (5)(c) “12” and substituting “9”.
Meetings of Council
7. Section 23 of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) “8” and substituting “6”;
(b) by omitting from subsection (5) “9” and substituting “7”.
Payments into Fund
8. Section 34 of the Principal Act is amended:
(a) by omitting from paragraph (b) “, other than trust moneys”;
(b) by omitting subsection (2).
9. Section 37 of the Principal Act is repealed and the following section is substituted:
Limit on certain contracts
“37.(1) The Centre must not enter a contract for the carrying out of agricultural research unless:
(a) the Minister approves the contract; or
(b) the contract’s value does not exceed the amount (if any) determined in writing by the Minister for the purposes of this paragraph.
“(2) A determination made by the Minister under paragraph (1)(b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.”.
Insertion of new section
10. After section 38A of the Principal Act the following section is inserted:
Centre not a Department
“38AA. Despite section 48Q of the Audit Act 1901, the Centre is not a Department for the purposes of section 50 of that Act.”.
Delegation by Minister
11. Section 41 of the Principal Act is amended by inserting in subsection (1) “the Board or” after “delegate to”.
Repeal of sections 43 and 44
12. Sections 43 and 44 of the Principal Act are repealed.
NOTE
1. No. 9, 1982, as amended. For previous amendments, see Nos. 39 and 91, 1983; No. 63, 1984; No. 166, 1985; No. 141, 1987; and No. 122, 1991.
[Minister’s second reading speech made in—
Senate on 19 August 1992
House of Representatives on 5 November 1992]
Overview
The Australian Centre for International Agricultural Research Amendment Act 1992 (No. 170 of 1992) was enacted by the Parliament of Australia to amend the Australian Centre for International Agricultural Research Act 1982, addressing gaps and updating provisions to better align with the evolving needs of international agricultural research and development. The primary objective of this amendment was to refine the functions and structure of the Centre to enhance its efficiency and effectiveness in promoting agricultural research in developing countries. The Act expands the Centre's role to include the establishment and funding of training schemes and development activities related to its research programs, alongside its existing mandate of conducting and funding agricultural research both domestically and internationally. Additionally, it adjusts the composition and operational parameters of the Centre's governing bodies to ensure they are better equipped to meet current challenges and opportunities in the field of international agricultural research.
Scope and Application
The Australian Centre for International Agricultural Research Amendment Act 1992 amends the Australian Centre for International Agricultural Research Act 1982 to update the functions and structure of the Australian Centre for International Agricultural Research (ACIAR). The Act applies to the ACIAR, a statutory authority established to support agricultural research and development in the Asia-Pacific region. The ACIAR’s functions are expanded to include establishing and funding training schemes, conducting and funding development activities, and funding international agricultural research centres. The Act also modifies the composition and size of the ACIAR’s Council and Board, reduces quorum requirements for Council meetings, and alters the payment provisions into the ACIAR’s Fund. Additionally, it introduces a requirement for ministerial approval or a monetary threshold for agricultural research contracts and clarifies that the ACIAR is not considered a Department under the Audit Act 1901. The Act’s amendments extend to the functions, administrative structure, and operational requirements of the ACIAR, with the possibility of further detail or specifications being provided through subordinate instruments.
Key Provisions
The Australian Centre for International Agricultural Research Amendment Act 1992 makes several significant changes to the Australian Centre for International Agricultural Research Act 1982. The primary changes include broadening the functions of the Centre (Section 4), altering the composition of the Board and Council (Sections 5 and 6), adjusting the quorum and meeting requirements for the Council (Section 7), modifying the payments into the Fund (Section 8), introducing a new limit on certain contracts (Section 9), declaring the Centre not to be a Department for audit purposes (Section 10), allowing for delegation by the Minister (Section 11), and repealing certain outdated sections (Section 12).
The Act imposes specific obligations and requirements on the Centre and its associated entities. For example, the Centre is now mandated to establish and fund training schemes related to its research programs (Section 4(d)), conduct and fund development activities related to its research programs (Section 4(e)), and fund international agricultural research centres (Section 4(f)). The Board's composition is adjusted to remove certain members, and the Council now comprises a different number of members, with a revised quorum requirement (Sections 5 and 6). The Centre must not enter into a contract for agricultural research unless approved by the Minister or the contract's value does not exceed a specified amount (Section 9). Additionally, the Centre is explicitly stated not to be a Department for the purposes of the Audit Act 1901 (Section 10).
The Act also introduces potential penalties and consequences for breaches. While the Act does not specify maximum penalties, it does outline that any determination made by the Minister under Section 9(1)(b) is a disallowable instrument under Section 46A of the Acts Interpretation Act 1901. This means that such determinations can be reviewed and potentially disallowed by the relevant parliamentary committee. Additionally, the repeal of certain sections (Section 12) indicates a streamlining of the legislation, removing outdated or redundant provisions that may have previously carried their own penalties or consequences.