PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (NO. 2) 1991 NO. 31, 1991 PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (NO. 2) 1991 NO. 31, 1991 - TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Principal Act 4. Interpretation 5. Regulations 6. Principal Act 7. Approval of R&D plans 8. Approval of annual operational plans 9. Accountability to representative organisations 10. R&D plans 11. Approval etc. of annual operational plans 12. Annual reports of Selection Committees 13. Co-ordination meetings PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - LONG TITLE An Act to amend Acts relating to matters dealt with by the Department of Primary Industries and Energy, and for related purposes PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 1 Short title (Assented to 20 March 1991) 1. This Act may be cited as the Primary Industries and Energy Legislation Amendment Act 1991. (Minister's second reading speech made in- House of Representates 6 December 1990 Senate on 14 February 1991) PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 2 Commencement 2. This Act commences on the day on which it receives the Royal Assent. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 3 Principal Act 3. In this Part, "Principal Act" means the Grape Research Levy Act 1986.*1* *1* No. 63, 1986, as amended. For previous amendments, see No. 140, 1989; and No. 17, 1990. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 4 Interpretation 4. Section 4 of the Principal Act is amended: (a) by omitting the definition of "R&D Authority"; (b) by inserting the following definition: " 'representative organisation' means: (a) where the levy is not attached to an R&D Corporation or R&D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989 - an organisation in respect of which a declaration is in force under section 5D of the Rural Industries Research Act 1985 in relation to leviable goods; or (b) where the levy is attached to an R&D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989 - an organisation declared under section 7 of that Act to be a representative organisation in relation to the Corporation; or (c) where the levy is attached to an R&D Fund under section 5 of that Act - an organisation declared under section 7 of that Act to be a representative organisation in relation to the R&D Council in respect of which the R&D Fund is established under that Act.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 5 Regulations 5. Section 10 of the Principal Act is amended by omitting from subsection (2) "an R&D authority" and substituting "a representative organisation". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 6 Principal Act 6. In this Part, "Principal Act" means the Primary Industries and Energy Research and Development Act 1989.*2* *2* No. 17, 1990, as amended. For previous amendments, see No. 134, 1990. PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 7 Approval of R&D plans 7. Section 20 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection: "(5) Where the Minister approves an R&D plan, 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.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 8 Approval of annual operational plans 8. Section 26 of the Principal Act is amended by omitting from subsection (9) all the words after "notify" and substituting "each of its representative organisations of the Minister's approval". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 9 Accountability to representative organisations 9. Section 29 of the Principal Act is amended by omitting sub-subparagraph (b) (iii) (B) and substituting the following sub-subparagraphs: "(B) funds derived from transfer of assets, debts, liabilities and obligations under section 144; and (C) funds derived from the transfer, under section 151 of this Act, of levies attached to Research Funds under the Rural Industries Research Act 1985; and". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 10 R&D plans 10. Section 101 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: "(2) Subject to subsection (3), sections 19 to 24 (inclusive) apply in relation to an R&D plan prepared by an R&D Council as if: (a) references in those sections to an R&D Corporation were references to the R&D Council; and (b) the reference in subsection 20 (1) to 2 months were a reference to one month.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 11 Approval etc. of annual operational plans 11. Section 103 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) Subject to subsection (2), section 26 (other than subsection 26 (1)) applies in relation to an annual operational plan prepared by an R&D Council as if: (a) the reference in subsection 26 (2) to the RIR&D Corporation were a reference to the R&D Council; and (b) references in that section to an R&D Corporation were references to the R&D Council.". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 12 Annual reports of Selection Committees 12. Section 141 of the Principal Act is amended: (a) by inserting after subsection (1) the following subsection: "(1A) A report for a financial year may, subject to agreement between the Presiding Member and the Chairperson of the R&D Corporation concerned, be included, as a discrete part, in the Corporation's annual report for that financial year."; (b) by omitting from subsection (2) "The Minister" and substituting "If subsection (1A) does not apply to a report under this section, the Minister". PRIMARY INDUSTRIES AND ENERGY LEGISLATION AMENDMENT ACT (No. 2) 1991 No. 31, 1991 - SECT 13 Co-ordination meetings 13. Section 142 of the Principal Act is amended: (a) by adding at the end of subsection (3) "and each R&D Council"; (b) by omitting subsections (5) and (6).