Dairying Research Amendment Act 1981

Legislation au C2004A02390 Not in force Act

Select Document

No. 12 of 1981

An Act to amend the Dairying Research Act 1972, and for related purposes

[Assented to 25 March 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Dairying Research Amendment Act 1981.

(2) The Dairying Research Act 19721 is in this Act referred to as the Principal Act.

Interpretation

2.Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “levy” the following definition:

“‘appoint’ includes re-appoint;”;

(b) by inserting after the definition of “milk” the following definition:

“‘ordinary member’ means a member other than the member who is the Chairman of the Corporation;”; and

“‘the Committee’ means the Australian Dairy Research Committee established by this Act;”.

Moneys to be paid into Research Account

3. Section 5 of the Principal Act is amended—

(a) by omitting paragraphs (3) (b) and (c) and substituting the following paragraphs :

“(b) moneys received by the Commonwealth—

(i) from the sale of any property paid for out of moneys expended from the Research Account;

(ii) from the sale of any property produced in the course of carrying out any research so paid for; or

(iii) in respect of any work so paid for;

“(c) moneys received by the Commonwealth, on or after the date of commencement of the Dairy Produce Sales Promotion Act 1972—

(i) from the sale of any property paid for out of moneys expended from the Dairy Produce Research Trust Account established by the Dairy Produce Research and Sales Promotion Act 1958;

(ii) from the sale of any property produced in the course of carrying out any research so paid for; or

(iii) in respect of any work so paid for;”; and

(b) by omitting sub-section (4) and substituting the following sub-section:

“(4) The sum of the amounts paid into the Research Account by virtue of paragraph (b) of sub-section (1) shall not exceed the sum of—

(a) the amounts paid into the Research Account by virtue of sub-paragraphs (i) and (ii) of paragraph (a) of that sub-section;

(b) such part of the amounts paid into the Research Account by virtue of—

(i) paragraph (b) of that sub-section as in force before the date of commencement of the Dairying Industry Research and Promotion (Miscellaneous Amendments) Act 1976; and

(ii) sub-section (2) as so in force,

as, in the opinion of the Minister, represents amounts of levy paid by virtue of paragraph (a) of sub-section (1) of section 6 of the Butter Fat Levy Act 1965 to the Commonwealth before the date of commencement of the Dairy Produce Sales Promotion Act 1972; and

(c) the amounts paid into the Research Account by virtue of paragraph (c) of sub-section (1) as in force before the date of commencement of the Dairying Industry Research and Promotion (Miscellaneous Amendments) Act 1976.”.

Application of Research Account

4. Section 6 of the Principal Act is amended by omitting from paragraph (1) (c) “fees” and substituting “remuneration”.

Australian Dairy Research Committee

5. Section 8 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The committee by the name of the Dairying Research Committee established by the sub-section for which this sub-section was substituted by the Dairying Research Amendment Act 1981 continues in existence, by force of this sub-section, under and subject to the provisions of this Act, under the name ‘Australian Dairy Research Committee’.”.

Constitution of Committee

6. Section 9 of the Principal Act is amended—

(a) by omitting paragraphs (1) (b) and (c) and substituting the following paragraph :

“(b) four persons to represent the dairy farmers of Australia;”;

(b) by omitting from paragraph (1) (h) “Board” and substituting “Corporation”;

“(2) An ordinary member—

(a) shall be appointed by the Minister;

(b) shall hold office, subject to this Act, for such period, not exceeding three years, as the Minister specifies in the instrument of his appointment; and

(d) by omitting sub-section (4).

Removal, &c., of members and deputies

7. Section 11 of the Principal Act is amended—

(a) by omitting sub-section (3) and substituting the following sub-section:

“(3) If a member or a deputy of a member fails, without reasonable excuse, to comply with his obligations under section 11a, the Minister shall terminate the appointment of the member or the deputy, as the case may be.”; and

(b) by omitting sub-section (5) and substituting the following sub-sections:

“(5) A member may resign his office by writing signed by him delivered to the Minister.

“(6) A deputy of a member may resign his office by writing signed by him delivered to the member.

“(7) A member whose deputy resigns in accordance with sub-section (6) shall forthwith give notice of the resignation, in writing, to the Minister.”.

8. After section 11 of the Principal Act the following section is inserted:

Disclosure of interest by members and deputies

“11a. (1) A member, or a deputy of a member, who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Committee.

“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Committee.”.

9. Section 14 of the Principal Act is repealed and the following section substituted :

Remuneration, &c.

“14. (1) A member and a deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) A member (other than a member referred to in paragraph (a), (e) or (g) of sub-section (1) of section 9) and a deputy of a member shall be paid such allowances as are prescribed.

“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973, but sub-section (9) of section 7 of that Act does not apply in relation to the remuneration payable to a member or a deputy of a member.

“(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.”.

Appointment of advisers

10. Section 15 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section :

“(2) A person appointed under sub-section (1) shall, subject to sub-section (3), be paid such fees, expenses and allowances (if any) as are approved by the Minister.”.

Consequential amendments of Dairying Industry Research and Promotion Levy Act 1972

11. Section 5 of the Dairying Industry Research and Promotion Levy Act 19722 is amended—

(a) by inserting in sub-section (1) before the definition of “milk” the following definition:

“‘Committee’ means the Australian Dairy Research Committee established by the Dairying Research Act 1972;”; and

(b) by omitting from sub-section (1) the definition of “the Committee”.

Transitional

12. (1) Anything done before the commencing date by the Dairying Research Committee has effect on and after that date as if it had been done by the Australian Dairy Research Committee.

(2) A person who, immediately before the commencing date, held office as a member of the Dairying Research Committee referred to in paragraph 9 (1) (a), (b), (d), (e), (f), (g) or (h) of the Principal Act continues, on and after that date, subject to the provisions of the Principal Act as amended by this Act, to hold office for the remainder of his term of office as if he had been duly appointed for the remainder of that term under section 9 of the Principal Act as so amended to be a member of the Australian Dairy Research Committee referred to in the corresponding paragraph of the Principal Act as so amended.

(3) The person who, immediately before the commencing date, held office as the member of the Dairying Research Committee referred to in paragraph 9 (1) (c) of the Principal Act continues, on and after that date, subject to the provisions of the Principal Act as amended by this Act, to hold office for the remainder of his term of office as if he had been duly appointed for the remainder of that term under section 9 of the Principal Act as so amended to be one of the members of the Australian Dairy Research Committee referred to in paragraph 9 (1) (b) of the Principal Act as so amended.

(4) The Minister may, under sub-section 11 (2) of the Principal Act as amended by this Act, at the request of the organization known as the Australian Dairy Farmers Federation, terminate the appointment of the member of the Australian Dairy Research Committee who is referred to in sub-section (3) of this section as if his name had been submitted to the Minister by that organization in accordance with sub-section 9 (3) of that Act as so amended.

(5) The appointment by a member of the Dairying Research Committee of a person to be his deputy has effect on and after the commencing date as if the appointment had been made by a member of the Australian Dairy Research Committee.

(6) In this section—

“Australian Dairy Research Committee” means the Dairying Research Committee as continued in existence under the name “Australian Dairy Research Committee” under section 8 of the Principal Act as amended by this Act;

“commencing date” means the date of commencement of this Act;

“Dairying Research Committee” means the committee of that name established under section 8 of the Principal Act.

NOTES

1. No. 30, 1972, as amended. For previous amendments, see No. 79, 1976.

2. No. 31, 1972, as amended. For previous amendments, see No. 216, 1973 (as amended by No. 20, 1974); Nos. 78 and 200, 1976; No. 138, 1978; and No. 170, 1980.

Overview

The Dairying Research Amendment Act 1981, enacted by the Parliament of Australia, was introduced to amend the existing Dairying Research Act 1972, thereby addressing specific issues and gaps identified in the original legislation. The Dairying Research Amendment Act 1981 seeks to refine the governance and financial management of the Australian Dairy Research Committee, ensuring its continued effectiveness in supporting dairy research and development initiatives. The policy objective of this amendment is to enhance the operational efficiency and accountability of the Committee by updating its composition, remuneration structures, and financial oversight mechanisms. This Act ensures that the Committee remains aligned with the evolving needs of the dairy industry while maintaining the integrity and effectiveness of its research and promotion activities.

Scope and Application

The Dairying Research Amendment Act 1981 applies to the Dairying Research Act 1972 and pertains specifically to the operations and functions of the Australian Dairy Research Committee, a body established under the Act. This legislation amends the Principal Act to revise various provisions concerning the Committee’s composition, operations, and funding. The amendments apply at a Commonwealth level and affect entities and individuals involved in the dairy industry, including dairy farmers, the Commonwealth, and members of the Australian Dairy Research Committee. The Act does not explicitly state any exclusions or thresholds, but it provides for the remuneration and allowances of members and deputies, subject to the Remuneration Tribunals Act 1973. The scope of the Act is further extended through consequential amendments to the Dairying Industry Research and Promotion Levy Act 1972, ensuring consistency across related legislation. The Act’s provisions are designed to ensure that the Australian Dairy Research Committee continues to function effectively and in accordance with the updated legislative framework.

Key Provisions

The Dairying Research Amendment Act 1981 (C2004A02390) modifies the Dairying Research Act 1972, introducing several key changes. Section 2 amends the definitions within the Principal Act, adding new definitions for "appoint," "ordinary member," and "the Committee," while omitting the previous definition of "the Committee." Section 3 revises the sources of funds to be deposited into the Research Account, replacing and limiting the types of moneys that can be paid into the account, and specifying that the total amount paid in cannot exceed certain calculated sums. The Act also replaces the term "fees" with "remuneration" in section 6, clarifying the application of the Research Account. Section 5 renames the Dairying Research Committee to the Australian Dairy Research Committee, maintaining its existence under the Act. The constitution of the Committee is modified in section 6, reducing the number of representatives from dairy farmers to four and outlining the appointment and tenure of ordinary members. Section 7 updates the rules for the removal and resignation of members and deputies, with specific provisions for failure to comply with section 11a, which requires disclosure of any pecuniary interests related to matters before the Committee. Section 8 introduces a new section, 11a, detailing the disclosure requirements for members and deputies with interests in Committee matters. The Act imposes specific obligations on the parties it governs. Members and deputies of the Australian Dairy Research Committee are required to disclose any direct or indirect pecuniary interest they have in matters before the Committee, as per section 11a. They must also adhere to the provisions regarding their appointment, tenure, and remuneration as outlined in sections 6, 9, and 14. Furthermore, the Act mandates that the Minister can terminate the appointment of a member or deputy who fails to comply with their obligations under section 11a without reasonable excuse, as per section 7. The Act also sets out the process for resignations and the notification requirements for the Minister regarding deputy resignations, as detailed in sections 7 and 11. Breaches of the Act's provisions may lead to specific consequences. Under section 7, failure to disclose a pecuniary interest as required by section 11a can result in the termination of a member's or deputy's appointment. Additionally, the Act does not explicitly outline other offences, penalties, or civil/criminal consequences for breaches. However, the penalties for non-compliance with other sections would generally be determined by the specific provisions of the Dairying Research Act 1972 and any relevant legislation, such as the Remuneration Tribunals Act 1973, which governs the remuneration and allowances for members and deputies.

Area of Law: Commercial Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Transitional Provisions; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions