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PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 1991 No. 39, 1991 - SCHEDULE
SCHEDULE Section 3
AMENDMENTS OF ACTS
PART 1
Australian Meat and Live-stock Corporation Act 1977 Subsection 5 (1)
(definition of "Research and Development Corporation"):
Omit the definition. Subsection 30J (7A):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 " (wherever occurring), substitute "Meat Research Corporation Act
1985". Subsection 30L (2):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Section 30LA:
(a) Omit "Research and Development Corporation" (wherever occurring),
substitute "Meat Research Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985". Section 37A:
Omit "Research and Development Corporation" (wherever occurring), substitute
"Meat Research Corporation".
Australian Meat and Live-stock Industry Policy Council Act 1984 Paragraph 9
(1) (h):
Omit "Australian Meat and Live-stock Research and Development Corporation",
substitute "Meat Research Corporation".
Australian Meat and Live-stock Industry Selection Committee Act 1984
Subsection 3 (1) (definition of "Research and Development Corporation"):
Omit the definition. Subsection 3 (2):
Omit the subsection. Paragraph 5 (ba):
(a) Omit "Research and Development Corporation", substitute "Meat Research
Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985". Paragraph 5 (bb):
(a) Omit "Research and Development Corporation", substitute "Meat Research
Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985". Subsection 10B (1):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Subsection 10B (2):
Omit "Research and Development Corporation" (wherever occurring), substitute
"Meat Research Corporation". Subsection 10B (3):
(a) Omit "Research and Development Corporation", substitute "Meat Research
Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985". Subsection 10B (4):
Omit "Research and Development Corporation" (wherever occurring), substitute
"Meat Research Corporation". Subsection 10C (1):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Subsection 10C (3):
Omit "Research and Development Corporation" (first occurring), substitute
"Meat Research Corporation". Paragraph 10C (3) (b):
(a) Omit "Research and Development Corporation" (wherever occurring),
substitute "Meat Research Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985". Subsection 22A (1):
(a) Omit "Research and Development Corporation", substitute "Meat Research
Corporation";
(b) Omit " Australian Meat and Live-stock Research and Development
Corporation Act 1985 ", substitute "Meat Research Corporation Act
1985".
Australian Meat and Live-stock Research and Development
Corporation Act 1985 Long title:
Omit "an Australian Meat and Live-stock Research and Development Corporation",
substitute "a Meat Research Corporation". Section 1:
Omit "Australian Meat and Live-stock Research and Development Corporation",
substitute "Meat Research Corporation". Subsection 3 (1) (definition of
"Corporation"):
Omit "Australian Meat and Live-stock Research and Development Corporation",
substitute "Meat Research Corporation". Section 4:
Omit "Australian Meat and Live-stock Research and Development Corporation",
substitute "Meat Research Corporation". Paragraph 42 (1) (c):
After "sub-section (2)" insert "and section 42A". After section 42:
Insert: Commonwealth's matching payments not to exceed certain proportion of
production
"42A. (1) The sum of the amounts that, during a particular financial year, are
paid to the Corporation under paragraph 42 (1) (c), in respect of amounts
spent by the Corporation under section 44 for meat and live-stock research and
development activities, is not to exceed an amount equal to 0.5% of the amount
that the Minister determines to be the gross value of production of the
industry for that financial year.
"(2) The regulations may provide for the manner in which the Minister is to
determine the amount of the gross value of production of the industry for a
financial year.". After paragraph 44 (ba):
Insert:
"(bb) for the purpose of funding meat and live-stock
research and development activities included in the meat and live-stock
research and development activities specified in an annual operational plan
prepared by the Corporation and in force when payments by the Corporation are
made;". Subsections 47 (1) and (2):
Omit "Research and Development Corporation" (wherever occurring), substitute
"Meat Research Corporation". Subsection 47 (4):
Omit the subsection.
Beef Production Levy Act 1990 Section 4 (definition of "Research and
Development Corporation"):
Omit the definition. Paragraph 6 (1) (b):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Subsections 8 (3) and (6):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Paragraph 8 (6) (a):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 ", substitute "Meat Research Corporation Act 1985". Subsection 8 (7):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Cattle and Beef Levy Collection Act 1990 Subsection 3 (1) (definition of
"associated distribution Act"):
Omit the definition, substitute: " `associated distribution Act' means the
Australian Meat and Live-stock Corporation Act 1977, the Live-stock Slaughter
Levy Collection Act 1964 or the Meat Research Corporation Act 1985;".
Subsection 11 (2):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Cattle Export Charge Act 1990 Section 4 (definition of "Research and
Development Corporation"):
Omit the definition. Paragraph 6 (1) (b):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Subsections 8 (3) and (6):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Paragraph 8 (6) (a):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 ", substitute "Meat Research Corporation Act 1985". Subsection 8 (7):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Cattle Transaction Levy Act 1990 Subsection 4 (1) (definition of "Research and
Development Corporation"):
Omit the definition. Paragraphs 6 (1) (b) and (2) (b):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Subsections 8 (3) and (6):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Paragraph 8 (6) (a):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 ", substitute "Meat Research Corporation Act 1985". Subsection 8 (7):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Dairy Produce Act 1986 Subsection 3 (1):
Insert: " `equal employment opportunity program', in relation to the
Corporation, means a program of the Corporation that is designed to ensure:
(a) that appropriate action is taken to eliminate any discrimination by
the Corporation against women and persons in designated groups in
relation to employment matters; and
(b) that appropriate measures are taken to promote equal opportunity for
women and persons in designated groups in relation to employment
matters; being a program that includes provision for assessment
action, consultation action, employee information action, and policy
action, in relation to the program;". After subsection 3 (1):
Insert:
"(1A) For the purposes only of sections 50A and 50B and the definition of
`equal employment opportunity program' in subsection (1), the following
expressions have the meanings set out in the Schedule:
(a) assessment action;
(b) consultation action;
(c) designated group;
(d) discrimination;
(e) employee;
(f) employee information action;
(g) employment matters;
(h) policy action;
(i) woman.
"(1B) Without affecting the meaning of subsection (1A), the definition of
`employee' set out in the Schedule does not have effect for the purpose of any
provision of this Act other than subsection (1A) and sections 50A and 50B.".
Paragraph 17 (1) (f):
Omit "and". Subsection 17 (1):
Add at the end:
"; and (h) setting out the equal employment opportunity program developed
under section 50A.". Section 23:
Add at the end:
"(2) An annual operational plan is to propose action to implement the equal
employment opportunity program developed under section 50A.". After section
50:
Insert: Equal employment opportunity
"50A. (1) The Corporation must develop and implement an equal employment
opportunity program for the Corporation.
"(2) The Corporation must take whatever action is necessary to give effect to
the program.
"(3) Any person who exercises powers in matters relating to employment matters
in the Corporation must have regard to the program in exercising those powers.
Merit principle to apply
"50B. Nothing in this Act requires anyone to do anything incompatible with the
principle that employment matters should be dealt with on the basis of
merit.". Paragraph 123 (3) (a):
Add at the end "and". Subsection 123 (3):
Add at the end:
"; and (d) a summary of the action taken by the Corporation to develop and
implement its equal employment opportunity program.". After section 126:
Add:
"SCHEDULE Subsection 3 (1A)
"DEFINITIONS RELATED TO SECTIONS 50A AND 50B
"1. For the purposes of the definition of `equal employment opportunity
program' and the definitions of expressions used in that definition:
`assessment action', in relation to the equal employment opportunity program
of the Corporation, means action by the Corporation to do all of the following
things:
(a) to collect and record statistics and related information concerning
employment by the Corporation, including the number and types of jobs
undertaken by, or job classifications of:
(i) employees of either sex; and
(ii) persons in designated groups;
(b) to monitor and evaluate the implementation of the program;
(c) to assess:
(i) the achievement of the objectives of the program; and
(ii) the effectiveness of the program by comparing statistics and
information referred to in paragraph (a) with the indicators set under
the policy action of the program; `consultation action', in relation
to the equal employment opportunity program of the Corporation, means
action by the Corporation to:
(a) consult with its employees, particularly employees who are women or in
designated groups; and
(b) consult with each trade union having members affected by the program;
in relation to the development and implementation of the program;
`designated group' has the same meaning as in the Public Service Act
1922; `discrimination' means:
(a) discrimination that is unlawful under the Racial Discrimination Act
1975 or the Sex Discrimination Act 1984; or
(b) discrimination by which a person with a physical or mental disability
is, because of the disability, treated less favourably than a person
without the disability; `employee' means a natural person appointed or
engaged:
(a) under a contract of service, whether on a full-time, part-time,
permanent, casual or temporary basis; or
(b) under a contract for service; being a contract that is made in
Australia, whether or not the person is, or may be, required to
perform duties outside Australia under the contract; `employee
information action', in relation to the equal employment opportunity
program of the Corporation, means the action by the Corporation to
inform its employees of the content of the program and of the results
of any assessment action; `employment matters' includes:
(a) recruitment procedure, and selection criteria, for appointment or
engagement of persons as employees; and
(b) promotion and transfer of employees; and
(c) training and staff development for employees; and
(d) conditions of service of employees; `policy action', in relation to
the equal employment opportunity program of the Corporation, means
action by the Corporation to do all of the following things:
(a) confer responsibility for the development and implementation of the
program (including a continuous review of the program) on a person
having sufficient authority and status within the management of the
Corporation to enable the person properly to develop and implement the
program;
(b) examine policies and practices of the Corporation, in relation to
employment matters, to identify:
(i) any policies or practices that constitute discrimination against women
or persons in designated groups; and
(ii) any patterns (whether ascertained statistically or otherwise) of lack
of equality of opportunity for women or persons in designated groups;
(c) set:
(i) the objectives to be achieved by the program; and
(ii) the quantitative and other indicators against which the effectiveness
of the program is to be assessed; `woman' means a member of the female
sex irrespective of age.
"(2) A reference in the definition of `equal employment opportunity program'
to discrimination in relation to employment matters does not include a
reference to discrimination that:
(a) is essential for the effective performance of the duties to which the
employment matters relate; and
(b) is not unlawful under the Racial Discrimination Act 1975 or the
Sex Discrimination Act 1984.".
Exotic Animal Disease Control Act 1989 Paragraph 24 (1) (b):
Omit the paragraph, substitute:
"(b) the Meat Research Corporation (being the corporation
established by the Meat Research Corporation Act 1985);". Paragraph 24 (3)
(e):
Omit "Australian Meat and Live-stock Research and Development Corporation",
substitute "Meat Research Corporation".
Horticultural Research and Development Corporation Act 1987 Paragraph 6 (d):
Omit "and" (last occurring). After paragraph 6 (d):
Insert:
"(da) to facilitate the dissemination, adoption and
commercialisation of the results of horticultural research and development;
and". Paragraph 7 (1) (f):
Omit "and" (last occurring). After paragraph 7 (1) (f):
Insert:
"(fa) acquire, hold and dispose of real and personal
property for the purposes of this Act;
(fb) join in the formation of a company; and". Subsection 7 (2):
Omit the subsection, substitute:
"(2) Where the Corporation holds a controlling interest in a company, the
Corporation must ensure the company does not do anything that the Corporation
is not itself empowered to do.". Subsections 19 (3), (4) and (5):
Omit the subsections. After subsection 25 (5):
Insert:
"(5A) The Corporation may, subject to this section, regulate proceedings at
its meeting as it considers appropriate.
"(5B) Without limiting subsection (5A), the Corporation may permit a member to
participate in a meeting by telephone or any other means of communications.
"(5C) A member who is permitted to participate in a meeting under subsection
(5B) is to be regarded as being present at that meeting.". After section 25:
Insert: Resolutions without meetings
"25A. Where the Corporation so determines, a resolution is to be taken to have
been passed at a meeting of the Corporation if:
(a) without meeting, a majority of the number of members indicate
agreement with the resolution in accordance with a method determined
by the Corporation; and
(b) that majority would, if present at a meeting of the Corporation and
entitled to vote on the resolution at that meeting, have constituted a
quorum under paragraph 25 (5) (a).". Subsection 26 (1):
Add at the end ", and prepare a research and development plan for each
successive period referred to in subsection (5)". Subsections 26 (2) and (3):
Omit the subsections. Subsection 26 (5):
Omit the subsection, substitute:
"(5) Each subsequent research and development plan must include a statement of
the objectives of the Corporation for the period of 5 years commencing at the
end of the period to which the immediately preceding research and development
plan relates.". Subsection 26 (6):
Omit "The research", substitute "A research". After subsection 26 (6):
Insert:
"(6A) The Corporation must, as soon as practicable after each subsequent 30
June occurring before the day of expiration of a research and development
plan, review the plan, and consider whether a revision of it is necessary.
"(6B) The Corporation may, at any other time, review a research and
development plan (whether or not the plan has come into operation) and
consider whether a revision of it is necessary.
"(6C) Where the Minister gives to the Corporation a notice requesting that the
Corporation revise a research and development plan, and setting out the
reasons for making the request, it must consider, having regard to the
reasons, whether the requested revision is appropriate.
"(6D) Where the Corporation considers that:
(a) a revision of a research and development plan is necessary; or
(b) a revision of a research and development plan, requested by the
Minister, is appropriate; it may revise the plan and submit it for the
Minister's approval in accordance with subsection (7).". Subsection 26
(7):
Omit "The research and development plan, and a revision of the", substitute "A
research and development plan, and a revision of a". Subsection 26 (8):
Omit "the research", substitute "a research". After section 26:
Insert: Approval for revised research and development plan to run for 4 years
from next 1 July
"26A. (1) Where the Corporation submits a revision of a research and
development plan to the Minister for approval, and that plan is in force, the
Corporation may also request the Minister's approval for the plan as revised
to be in force until the end of 4 years beginning on the next 1 July after the
day on which the revision takes effect.
"(2) When making a request under subsection (1), the Corporation must provide
the Minister with:
(a) a statement of its reasons for making the request; and
(b) such other information as the Minister requests.
"(3) Where:
(a) a request is made under subsection (1); and
(b) the Minister approves a revision of the plan under subsection 26 (7);
and
(c) the Minister is satisfied that it is appropriate for the request under
subsection (1) to be granted; the Minister may, by notice in writing
given to the Corporation, give his or her approval for the plan as
revised to be in force until the end of 4 years beginning on the next
1 July after the day on which the revision takes effect.". Subsections
27 (1) and (2):
Omit the subsections, substitute:
"27. (1) The Corporation must, for each financial year during which a research
and development plan is in force, prepare, in written form, an annual research
and development program that is expressed to relate to that financial year.
"(2) The research and development program for a financial year must:
(a) specify the broad groupings of horticultural research and development
activities that the Corporation proposes to fund, wholly or partly,
during the financial year; and
(b) describe how and to what extent funding those activities will:
(i) give effect to the research and development plan in force during that
financial year; and
(ii) in particular, pursue the strategies outlined in the research and
development plan and help to achieve the objectives described in the
research and development plan; and
(c) provide an estimate of:
(i) the total amounts likely to be spent by the Corporation in respect of
each broad grouping of horticultural research and development
activities the Corporation proposes to fund during the financial year;
and
(ii) the total of the amounts likely to be spent by the Corporation during
the financial year otherwise than in respect of broad groupings of
such horticultural research and development activities; and
(iii) the total of the amounts referred to in subparagraphs (i) and (ii);
and
(iv) the total of the amounts likely to be paid to the Corporation during
the financial year (other than the amounts paid under section 45).
"(2A) A reference in this section to horticultural research and development
activities that the Corporation proposes to fund includes a reference to
horticultural research and development activities that the Corporation is
prepared, subject to its examination of specific proposals, to fund.".
Subsection 27 (3):
After "plan" insert "in force during the period to which the program is
expressed to relate". Paragraph 27 (6) (a):
Omit the paragraph, substitute:
"(a) must be submitted to the Minister 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 program
relates; and". Subsection 27 (7):
Add at the end "in force during the period to which the program is expressed
to relate". Section 28:
Omit "research and development plan", substitute "applicable research and
development plan". Subparagraph 29 (1) (a) (iii):
Omit the subparagraph, substitute:
"(iii) revisions of the applicable research and
development plan agreed to by the Minister during the period;". Paragraph 29
(1) (a):
Add at the end:
"(v) the entering into of agreements under sections 8 and 9
during the period;
(vi) its activities during the period in relation to agreements entered
into under sections 8 and 9 during or before the period;
(vii) its activities during the period in relation to applying for patents
for inventions, commercially exploiting patented inventions and
granting licences under patented inventions;
(viii) the activities of any companies in which the Corporation has an
interest; and
(ix) any activities relating to the formation of a company;". Subparagraph
29 (1) (b) (i):
Omit "research and development plan", substitute "applicable research and
development plan". Section 36:
Repeal the section, substitute: Terms and conditions of appointment
"36. The Executive Director is to be appointed on such terms and conditions,
including remuneration and allowances, as are determined, in writing, by the
Corporation and approved, in writing, by the Minister.". Section 42:
Repeal the section.
Live-stock Export Charge Act 1977 Section 4 (definition of "Research and
Development Corporation"):
Omit the definition. Subsections 13 (2A) and (4):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Paragraphs 13 (4) (a) and (b):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 ", substitute "Meat Research Corporation Act 1985". Subsection 13
(5):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Live-stock Slaughter Levy Act 1964 Subsection 4 (1) (definition of "Research
and Development Corporation"):
Omit the definition. Subsections 8 (2A) and (4):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation". Paragraphs 8 (4) (a) and (b):
Omit " Australian Meat and Live-stock Research and Development Corporation
Act 1985 ", substitute "Meat Research Corporation Act 1985". Subsection 8 (5):
Omit "Research and Development Corporation", substitute "Meat Research
Corporation".
Rural Industries Research Act 1985 Subsection 61 (8) (paragraph (b) of the
definition of "Council"):
Omit the paragraph, substitute:
"(b) the Meat Research Corporation established by section 4
of the Meat Research Corporation Act 1985;".
Sales Tax Assessment Act (No. 1) 1930 Schedule 2:
(a) Omit "Australian Meat and Live-stock Research and Development
Corporation";
(b) After "Housing Loans Insurance Corporation", insert "Meat Research
Corporation".
PART 2
Dairy Produce Act 1986 Subsection 3 (1) (definitions of "Conference" and
"executive council"):
Omit the definitions. Subsection 3 (1):
Insert: " `Council' means the association by the name of the Australian Dairy
Industry Council Inc. that is incorporated under the
Associations Incorporation Act 1981 of the State of Victoria; `executive'
means the executive of the Council;". Subsections 10 (3), (5), (6) and (8):
Omit "executive council", substitute "executive". Subsection 14 (1):
Omit "executive council", substitute "executive". Section 16:
Omit "Conference" (wherever occurring), substitute "Council". Section 27:
Omit "executive council", substitute "executive". Subsection 33 (3A):
Omit "executive council", substitute "executive". Subsection 38 (1):
(a) Omit "Conference", substitute "Council".
(b) Omit "executive council", substitute "executive". Paragraph 38 (3)
(aa):
Omit "executive council", substitute "executive". Subsection 41 (3):
Omit "executive council", substitute "executive". Subsection 41 (4):
Omit "executive council" (wherever occurring), substitute "executive". Section
43:
Omit "executive council", substitute "executive". Paragraph 53 (3) (b):
Omit "executive council", substitute "executive". Subsection 82 (1):
Omit "executive council", substitute "executive". Paragraph 88 (1) (k):
Omit "executive council of the Conference", substitute "executive of the
Council". Paragraph 88 (1) (m):
Omit "Conference", substitute "Council". Subsection 88 (2):
Omit "executive council", substitute "executive". Subsection 95 (8):
Omit "executive council" (wherever occurring), substitute "executive".
Subsection 102 (3):
Omit "executive council", substitute "executive". Dairy Produce Levy (No. 1)
Act 1986 Subsection 14 (3):
Omit "executive council", substitute "executive".
NOTES 1. On the day on which section 30L of the Australian Meat and Live-stock
Corporation Act 1977 is amended by this Act, the heading to that section is
altered by omitting "Research and Development Corporation" and substituting
"Meat Research Corporation". 2. On the day on which section 16 of the
Dairy Produce Act 1986 is amended by this Act, the heading to that section is
altered by omitting "Conference" and substituting "Council". 3. On the day on
which section 27 of the Dairy Produce Act 1986 is amended by this Act, the
heading to that section is altered by omitting "executive council" and
substituting "the executive".
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