Commonwealth Consolidated Acts

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PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 - SECT 36

Transfers of money where levies redirected

             (1)  Where:

                     (a)  a levy becomes attached to an R&D Corporation; and

                     (b)  immediately before becoming so attached, the levy was attached to another R&D Corporation (in this subsection called the other Corporation );

the other Corporation must pay to the first‑mentioned Corporation an amount equal to so much of the other Corporation's money as is attributable to money paid to the other Corporation:

                     (c)  as a result of the levy being attached to the other Corporation; or

                     (d)  as a result of the other Corporation being established in respect of the primary industry or class of primary industries to which the levy relates.

             (2)  Where:

                     (a)  a levy becomes attached to an R&D Corporation; and

                     (b)  immediately before becoming so attached, the levy was attached to an R&D Fund;

the RIR&D Corporation must pay to the first‑mentioned R&D Corporation the amount equal to so much of the money standing to the credit of the Fund as is attributable to money paid into the Fund:

                     (c)  as a result of the levy being attached to the Fund; or

                     (d)  as a result of the R&D Council, in respect of which the Fund is established, being established in respect of the primary industry or class of primary industries to which the levy relates.

             (3)  Where 2 R&D Corporations are unable to agree on:

                     (a)  whether one of them is required to pay money to the other under this section; or

                     (b)  the amount of money that one of them is required to pay to the other under this section;

the amount (if any) that is required to be paid is an amount determined by the Minister.



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