Commonwealth Consolidated Acts

PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Objects  
   4.      Definitions  
   5.      Levies attached to R&D Corporations or R&D Funds  
   6.      Redirecting levies  
   7.      Representative organisations  

   PART 2--RESEARCH AND DEVELOPMENT CORPORATIONS

           Division 1--Establishment, functions and powers of Research and Development Corporations

   8.      Establishment of Research and Development Corporations  
   9.      Establishment of the Rural Industries Research and Development Corporation  
   10.     R&D Corporation is body corporate etc.  
   11.     Functions  
   12.     Powers  
   13.     Agreements for carrying out R&D activities by other persons  
   14.     Agreements for carrying out R&D activities with other persons  
   15.     Consultations with persons and organisations  

           Division 2--Constitution of Research and Development Corporations

   16.     Constitution  
   17.     Appointment of directors  
   18.     Members of executive of representative organisation not eligible for appointment etc.  

           Division 3--R&D plans and annual operational plans

   19.     R&D plans  
   20.     Approval of R&D plans  
   21.     Variation of R&D plans  
   22.     Approval for varied R&D plans to run for 4 years from next 1 July  
   23.     When variations of R&D plans take effect  
   24.     Consultation  
   25.     Annual operational plans  
   26.     Approval of annual operational plans  
   27.     Compliance with R&D plans and annual operational plans  

           Division 4--Accountability

   28.     Annual report  
   29.     Accountability to representative organisations  

           Division 5--Finance

   30.     Payments to R&D Corporation--general  
   30A.    Payments to an R&D Corporation established in respect of the fishing industry  
   31.     Government matching payments not to exceed levy and certain other payments  
   32.     Commonwealth's matching payments not to exceed certain proportion of production  
   33.     Expenditure of money of R&D Corporations  
   34.     Commonwealth to be paid levy expenses from R&D Corporations  
   35.     Commonwealth to be reimbursed for refunds of levy [see Note 2]  
   36.     Transfers of money where levies redirected  
   37.     Payment of amounts of levy where levies redirected  
   38.     Payment of matching contributions where levies redirected  
   39.     Treatment of amounts received, after levies redirected, as a result of earlier expenditure  
   40.     Separate accounting records  
   41.     Borrowing from Commonwealth  
   42.     Borrowing from persons other than the Commonwealth  
   43.     Guarantee of borrowing  
   44.     Borrowing not otherwise permitted  
   45.     R&D Corporations may give security  
   46.     Liability to taxation  
   46A.    Delegation by Finance Minister  

           Division 6--Meetings of Research and Development Corporations

   47.     Times and places of meetings  
   48.     Presiding at meetings  
   49.     Quorum  
   50.     Voting at meetings  
   51.     Conduct of meetings  
   52.     Resolutions without meetings  
   53.     Minutes  
   55.     Persons may be invited to attend meetings  

           Division 7--Annual general meetings

   56.     Application of Division  
   57.     List of levy payers  
   58.     R&D Corporation to convene annual general meetings  
   59.     Notice of the convening of an annual general meeting  
   60.     Purpose of annual general meeting  
   61.     Regulations may provide for certain matters  
   62.     Conduct of annual general meetings  
   63.     Motions of no confidence  
   64.     Notification of motions passed  

           Division 8--Provisions relating to directors other than Executive Directors

   65.     Definition  
   66.     Term of office  
   67.     Directors hold office on part-time basis  
   68.     Remuneration and allowances of directors  
   69.     Terms and conditions of appointment not provided for by Act  
   70.     Outside employment  
   71.     Leave of absence  
   72.     Resignation  
   73.     Termination of appointment  
   74.     Deputy Chairperson  

           Division 9--Executive Director

   75.     Executive Director  
   76.     Duties  
   77.     Appointment  
   78.     Term of appointment etc.  
   79.     Executive Director holds office on full-time or part-time basis  
   80.     Executive Director not to engage in other paid employment  
   81.     Terms and conditions of appointment  
   82.     Leave of absence  
   83.     Resignation  
   85.     Acting Executive Director  
   86.     Exclusion of Executive Director etc. from certain deliberations  

           Division 10--Employees and consultants

   87.     Employees  
   88.     Consultants  

           Division 11--Miscellaneous

   89.     Committees  
   90.     Delegation by R&D Corporation  
   91.     Delegation by Executive Director  

   PART 3--RESEARCH AND DEVELOPMENT COUNCILS AND RESEARCH AND DEVELOPMENT FUNDS

           Division 1--Establishment, functions and powers of Research and Development Councils

   92.     Establishment  
   93.     Functions  
   94.     Powers  
   95.     Consultations with persons and organisations  
   96.     Additional functions of the RIR&D Corporation  

           Division 2--Constitution and meetings of R&D Councils

   97.     Constitution of R&D Councils  
   98.     Appointment of members  
   99.     Members of executive of representative organisation not eligible for appointment etc.  
   100.    Applied provisions  

           Division 3--R&D plans and annual operational plans

   101.    R&D plans  
   102.    Annual operational plans  
   103.    Approval etc. of annual operational plans  
   104.    Compliance with R&D plans and annual operational plans  

           Division 4--Accountability

   105.    Annual report  
   106.    Accountability to representative organisations  

           Division 5--Research and Development Funds

   107.    Establishment of Research and Development Funds  
   108.    Money to be paid into R&D Funds  
   109.    Government matching payments not to exceed levy payments  
   110.    Commonwealth's matching payments not to exceed certain proportion of production  
   111.    Additional money payable into R&D Funds  
   112.    Expenditure of money in R&D Funds  
   113.    Commonwealth to be paid levy expenses from R&D Funds  
   114.    Commonwealth to be reimbursed for refunds of levy  
   115.    Transfers of money where levies redirected  
   116.    Payment of amounts of levy where levies redirected  
   117.    Payment of matching contributions where levies redirected  
   118.    Treatment of amounts received, after levies redirected, as a result of earlier expenditure  

           Division 6--Employees, consultants and administrative agreements

   119.    Employees  
   120.    Consultants  
   121.    Administrative agreements  

   PART 4--SELECTION COMMITTEES

           Division 1--Establishment etc

   122.    Presiding Members of Selection Committees  
   123.    Minister may request the establishment of a Selection Committee  
   124.    Establishment of Selection Committees--R&D Corporations  
   125.    Establishment of Selection Committees--predominantly Commonwealth funded R&D Corporations  
   126.    Establishment of Selection Committees--R&D Councils  
   127.    Function of Selection Committees  
   128.    Powers of Selection Committees  
   129.    Presiding Member to abolish Selection Committee  

           Division 2--The selection process

   130.    Nominations to be made by Selection Committees  
   131.    Selecting persons for nomination  
   132.    Selection Committee to make only one nomination  
   133.    Minister may request further information  
   134.    Minister may reject nomination  

           Division 3--Preliminary selection arrangements

   135.    Selection arrangements for proposed R&D Corporations  
   136.    Selection arrangements for the RIR&D Corporation before its establishment  
   137.    Selection arrangements for proposed R&D Councils  

           Division 4--Other provisions relating to Selection Committees

   138.    Applied provisions and disclosure of interest provisions  
   139.    Employees  
   140.    Consultants  
   141.    Annual reports of Selection Committees  

   PART 5--MISCELLANEOUS

   142.    Co-ordination meetings  
   143.    Minister may give directions  
   144.    Transfer of assets etc. on the establishment of an R&D Corporation or R&D Council  
   145.    Transfer of assets etc. on cessation of an R&D Corporation or R&D Council  
   146.    Alteration of agreements and instruments on establishment of an R&D Corporation or R&D Council  
   147.    Alteration of agreements and instruments on cessation of an R&D Corporation or R&D Council  
   148.    Renaming of R&D Corporations and R&D Councils  
   149.    Regulations  
   150.    Orders  

   PART 6--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

   151.    Transitional--Research Funds under the Rural Industries Research Act 1985  
   152.    Transitional--Research Councils and State Research Committees under the Rural Industries Research Act 1985  
   153.    Transitional--Coal Research Trust Account  
   154.    Other Trust Accounts  
   155.    Closure of Trust Accounts etc.  
   156.    Abolition of Special Research Council and Special Research Fund  
   157.    Amendments of other Acts  
           SCHEDULE 1 Abolition of Special Research Council and Special Research Fund
           SCHEDULE 2 Amendments of other Acts