Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"annual general meeting" , in relation to an R&D Corporation, means an annual general meeting that the Corporation is required to convene under section 58.
"annual operational plan" means:
(a) an annual operational plan of an R&D Corporation in force under Division 3 of Part 2; or
(b) an annual operational plan of an R&D Council in force under Division 3 of Part 3.
"borrowing" includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day-to-day operations of an R&D Corporation.
(a) in relation to an R&D Corporation--the Chairperson of the Corporation; and
(b) in relation to an R&D Council--the Chairperson of the Council.
"Collection Act" , in relation to a levy, means the legislation providing for the collection of the levy.
(a) in relation to an R&D Corporation--the Deputy Chairperson of the Corporation; and
(b) in relation to an R&D Council--the Deputy Chairperson of the Council.
"director" means a director of an R&D Corporation, and includes:
(a) the Chairperson; and
(c) the Executive Director;
of the Corporation.
"eligible levy payer" , in relation to an R&D Corporation, means a person (within the meaning of section 57) who is included in a list of levy payers prepared by the Corporation under section 57.
"Executive Director" , in relation to an R&D Corporation, means the Executive Director of the Corporation appointed under Division 9 of Part 2.
"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .
(a) an export charge; and
(b) an excise on the produce of a primary industry; and
(c) an import charge.
"list of levy payers" , in relation to an R&D Corporation, means a list prepared by the Corporation under section 57 for a particular financial year.
(a) in relation to an R&D Council--a member of the Council including the Chairperson; and
(b) in relation to a Selection Committee--a member of the Selection Committee, and includes the Presiding Member of the Selection Committee.
"nominated director" means a director of an R&D Corporation, other than the Chairperson or the Executive Director of the Corporation.
"nominated member" means a member of an R&D Council other than the Chairperson of the Council.
"order" means an order made under section 150.
"prescribed" includes prescribed by an order.
"Presiding Member" means a person appointed under section 122 as the Presiding Member of Selection Committees for an R&D Corporation and:
(a) in relation to a Selection Committee for an R&D Corporation--means the Presiding Member who established the Selection Committee under section 124 or 125; or
(b) in relation to a Selection Committee for an R&D Council--means the Presiding Member who established the Selection Committee under section 126.
"primary industry" means any field of endeavour (other than the wool industry) whose objective is:
(a) the production of agricultural or other primary produce; or
(b) the extraction from the environment of:
(i) minerals; or
(ii) substances from which energy is made available; or
(iii) energy; or
(c) the conservation and the sustainable use and management of a natural resource.
R&D activity , in relation to a primary industry or class of primary industries, means:
(a) an R&D project in respect of that industry or class; or
(b) the training of persons to carry out research and development in respect of that industry or class; or
(c) the dissemination of information, or the provision of advice or assistance, to persons or organisations engaged in any aspect of:
(i) that industry or class; or
(ii) the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that industry or class;
for the purpose of encouraging those persons or organisations to adopt technical developments designed or adapted to improve that aspect of the industry or class, or that production, processing, storage, transport or marketing; or
(d) the publication of reports, periodicals, books or papers containing information that is related to research and development in respect of that industry or class; or
(e) an activity incidental to an activity referred to in paragraph (a), (b), (c) or (d).
R&D Corporation means:
(a) a Research and Development Corporation established under section 8; or
(b) the Rural Industries Research and Development Corporation established under section 9.
R&D Council means a Research and Development Council established under section 92.
R&D Fund means a Research and Development Fund established under section 107.
R&D plan means:
(a) an R&D plan of an R&D Corporation in force under Division 3 of Part 2; or
(b) an R&D plan of an R&D Council in force under Division 3 of Part 3.
R&D project , in relation to a primary industry or class of primary industries, means a project for research and development in respect of that industry or class.
"refund" , in relation to a levy, means the amount of refund required to be paid by the Commonwealth in respect of an amount:
(a) paid to an R&D Corporation under paragraph 30(1)(a) or 30A(1)(a); or
(b) paid into an R&D Fund under paragraph 108(1)(a);
in respect of the levy.
"regulations" includes orders.
"representative organisation" means:
(a) in relation to an R&D Corporation, an organisation declared under section 7 to be a representative organisation in relation to the Corporation; and
(b) in relation to an R&D Council, an organisation declared under section 7 to be a representative organisation in relation to the Council.
"research and development" , in relation to a primary industry or class of primary industries, means systematic experimentation and analysis in any field of science, technology or economics (including the study of the social or environmental consequences of the adoption of new technology) carried out with the object of:
(a) acquiring knowledge that may be of use in obtaining or furthering an objective of that primary industry or class, including knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that primary industry or class; or
(b) applying such knowledge for the purpose of attaining or furthering such an objective.
(aa) in relation to the levy imposed by Schedule 25 to the Primary Industries (Excise) Levies Act 1999 --the whole of the levy; and
(a) in relation to the levy imposed by the repealed Wheat Levy Act 1989 during a season (within the meaning of the repealed Wheat Marketing Act 1989 ) that began before 1 July 1999--the proportion of the levy referred to in subsection 5(5); and
(b) in relation to any other levy--so much of the levy as the regulations declare to be the research component of the levy under paragraph 5(3)(a).
"Research Council" has the same meaning as in the Rural Industries Research Act 1985 .
"Research Fund" has the same meaning as in the Rural Industries Research Act 1985 .
RIR&D Corporation means the Rural Industries Research and Development Corporation established under section 9.
(a) a Selection Committee for an R&D Corporation established under section 124 or 125; or
(b) a Selection Committee for an R&D Council established under section 126.
"Special Research Fund" means the Australian Special Research Fund that was, prior to the commencement of section 156, established under section 32 of the Rural Industries Research Act 1985 .
"State Research Committee" has the same meaning as in the Rural Industries Research Act 1985 .
"this Act" includes the regulations.
(2) A reference in this Act to expenses incurred by a Selection Committee includes a reference to the remuneration and allowances payable to the Presiding Member and other members of the Selection Committee and persons employed or engaged by the Selection Committee.
(3) A reference in this Act to the primary industry or class of primary industries to which a levy relates is a reference to the primary industry or class of primary industries that the regulations declare under paragraph 5(3)(b) to be the primary industry or class of primary industries to which the levy relates.
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