Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An annual operational plan of an R&D Corporation (other than the RIR&D Corporation) is to be submitted to the Minister for approval no later than 2 months, or such shorter period as the Minister in special circumstances allows, before the intended day of commencement of the period to which the plan relates.
(2) An annual operational plan of the RIR&D Corporation is to be submitted to the Minister for approval no later than one month, or such shorter period as the Minister in special circumstances allows, before the intended day of commencement of the period to which the plan relates.
(3) Where the Minister is of the opinion that an R&D Corporation's annual operational plan, submitted under subsection (1), (2) or (4) for his or her approval, is inconsistent with the provisions of an R&D plan of the Corporation, being an R&D plan that relates to a period overlapping with the period of the annual operational plan, the Minister may give to the Corporation his or her written notice:
(a) requesting the Corporation to revise the annual operational plan; and
(b) setting out the reasons for the request.
(4) Where an R&D Corporation receives such a request, it must:
(a) consider the request and the statement of reasons; and
(b) make such revision of the annual operational plan as it considers appropriate; and
(c) submit the plan, as so revised, to the Minister for approval.
(5) Where an R&D Corporation considers that variation of an annual operational plan of the Corporation that is in force is necessary, it may submit such variation to the Minister for approval.
(6) Where:
(a) a proposed variation of an R&D plan of an R&D Corporation is to be submitted to the Minister for approval; and
(b) the R&D plan relates to a period that overlaps with that of an annual operational plan of the Corporation; and
(c) the Corporation is of the opinion that the annual operational plan would be inconsistent with the provisions of the R&D plan as varied;
the Corporation must, when submitting the variation of the R&D plan for approval, also submit for the Minister's approval such variation of the annual operational plan as it considers appropriate.
(7) Where:
(a) an annual operational plan is submitted to the Minister for approval under subsection (1), (2) or (4); or
(b) a variation of an annual operational plan is submitted to the Minister for approval under subsection (5) or (6);
a copy of the plan or the variation of the plan (as the case may be) is at the same time also to be provided to the Presidents (or the holders of the equivalent office) within each of the representative organisations of the Corporation.
(8) Where:
(a) an annual operational plan is submitted to the Minister for approval under subsection (1), (2) or (4); or
(b) a variation of an annual operational plan is submitted to the Minister for approval under subsection (5) or (6);
the Minister must approve the plan or the variation of the plan (as the case may be) unless the Minister is of the opinion that it is inconsistent with the provisions of an R&D plan that relates to a period that overlaps with that of the annual operational plan.
(9) Where the Minister approves an annual operational plan or the variation of the plan (as the case may be), the Corporation is, no later than one month after the day on which it is approved by the Minister, to notify each of its representative organisations of the Minister's approval.
(10) An annual operational plan does not come into operation 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.
(11) Where the Minister approves a variation of an annual operational plan after the plan has come into operation, the plan as so varied continues in force from the date of approval as if it had originally been approved by the Minister as so varied.
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