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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Rural Research and Development
Legislation Amendment Bill 2013
No. , 2013
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend legislation relating to
research and development in relation to primary
industries, and for related purposes
i Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Amendments to repeal provisions relating to R&D
Councils and R&D Funds
4
Plant Health Australia (Plant Industries) Funding Act 2002
4
Primary Industries and Energy Research and Development Act 1989
4
Schedule 2--Amendments relating to change of Act name
12
Dairy Produce Act 1986
12
Fisheries Administration Act 1991
12
Freedom of Information Act 1982
12
Pig Industry Act 2001
12
Plant Health Australia (Plant Industries) Funding Act 2002
13
Primary Industries and Energy Research and Development Act 1989
13
Primary Industries Levies and Charges Collection Act 1991
14
Schedule 3--Funding agreements
15
Primary Industries and Energy Research and Development Act 1989
15
Schedule 4--Separately levied fisheries
16
Primary Industries and Energy Research and Development Act 1989
16
Schedule 5--Matching voluntary payments
23
Dairy Produce Act 1986
23
Egg Industry Service Provision Act 2002
23
Forestry Marketing and Research and Development Services Act 2007
23
Pig Industry Act 2001
24
Primary Industries and Energy Research and Development Act 1989
24
Wool Services Privatisation Act 2000
25
Schedule 6--Selection committees
26
Primary Industries and Energy Research and Development Act 1989
26
Schedule 7--Delegations and directions
31
Part 1--Delegations
31
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 ii
Australian Meat and Live-stock Industry Act 1997
31
Horticulture Marketing and Research and Development Services Act
2000
31
Primary Industries and Energy Research and Development Act 1989
32
Wool Services Privatisation Act 2000
32
Part 2--Ministerial directions
33
Dairy Produce Act 1986
33
Wool Services Privatisation Act 2000
34
Schedule 8--Marketing activities
37
Primary Industries and Energy Research and Development Act 1989
37
Wool Services Privatisation Act 2000
40
Schedule 9--Miscellaneous amendments
41
Egg Industry Service Provision Act 2002
41
Primary Industries and Energy Research and Development Act 1989
41
Schedule 10--Repeal of spent transitional, consequential and
amending provisions
43
Primary Industries and Energy Research and Development Act 1989
43
Schedule 11--Contingent amendments
44
Sugar Research and Development Services Act 2013
44
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend legislation relating to
1
research and development in relation to primary
2
industries, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Rural Research and Development
6
Legislation Amendment Act 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
4
The day this Act receives the Royal Assent.
3. Schedule 5,
items 1 to 7
The day this Act receives the Royal Assent.
4. Schedule 5,
items 8 to 11
Immediately after the commencement of the
provision(s) covered by table item 3.
5. Schedule 5,
item 12
The day this Act receives the Royal Assent.
6. Schedules 6 to
9
The day this Act receives the Royal Assent.
7. Schedule 10,
items 1 to 5
The day this Act receives the Royal Assent.
8. Schedule 10,
item 6
Immediately after the commencement of
Schedule 4 to the Statute Law Revision Act
2013.
9. Schedule 11
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
the Sugar Research and Development
Services Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Amendments to repeal provisions relating to R&D Councils and R&D
Funds
4 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Schedule 1
--
Amendments to repeal
1
provisions relating to R&D Councils
2
and R&D Funds
3
4
Plant Health Australia (Plant Industries) Funding Act 2002
5
1 Section 3 (subparagraph (b)(i) of the definition of primary
6
levy or charge)
7
Omit ", or an R&D Fund,".
8
2 Paragraph 7(3)(c)
9
Omit "or 108(1)(a)(iii) of that Act (as the case requires)", substitute "of
10
that Act".
11
3 Paragraph 8(3)(b)
12
Omit "or 113".
13
4 Paragraph 9(5)(b)
14
Omit "or 114 (as the case requires)".
15
Primary Industries and Energy Research and Development
16
Act 1989
17
5 Subsection 4(1) (definition of annual operational plan)
18
Repeal the definition, substitute:
19
annual operational plan means an annual operational plan of an
20
R&D Corporation in force under Division 3 of Part 2.
21
6 Subsection 4(1) (definition of Chairperson)
22
Repeal the definition, substitute:
23
Chairperson, in relation to an R&D Corporation, means the
24
Chairperson of the Corporation.
25
7 Subsection 4(1) (definition of Deputy Chairperson)
26
Repeal the definition, substitute:
27
Amendments to repeal provisions relating to R&D Councils and R&D Funds Schedule
1
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 5
Deputy Chairperson, in relation to an R&D Corporation, means
1
the Deputy Chairperson of the Corporation.
2
8 Subsection 4(1) (definition of member)
3
Repeal the definition, substitute:
4
member, in relation to a Selection Committee, means a member of
5
the Selection Committee, and includes the Presiding Member of
6
the Selection Committee.
7
9 Subsection 4(1) (definition of nominated member)
8
Repeal the definition.
9
10 Subsection 4(1) (definition of Presiding Member)
10
Repeal the definition, substitute:
11
Presiding Member means a person appointed under section 122 as
12
the Presiding Member of the Selection Committee for an R&D
13
Corporation.
14
11 Subsection 4(1) (definitions of R&D Council and R&D
15
Fund)
16
Repeal the definitions.
17
12 Subsection 4(1) (definition of R&D plan)
18
Repeal the definition, substitute:
19
R&D plan means an R&D plan of an R&D Corporation in force
20
under Division 3 of Part 2.
21
13 Subsection 4(1) (definition of refund)
22
Repeal the definition, substitute:
23
refund, in relation to a levy, means the amount of refund required
24
to be paid by the Commonwealth in respect of an amount paid to
25
an R&D Corporation under paragraph 30(1)(a), 30A(1)(a) or
26
30B(2)(a) in respect of the levy.
27
14 Subsection 4(1) (definition of representative organisation)
28
Repeal the definition, substitute:
29
Schedule 1 Amendments to repeal provisions relating to R&D Councils and R&D
Funds
6 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
representative organisation, in relation to an R&D Corporation,
1
means an organisation declared under section 7 to be a
2
representative organisation in relation to the Corporation.
3
15 Subsection 4(1) (definition of Selection Committee)
4
Repeal the definition, substitute:
5
Selection Committee means a Selection Committee for an R&D
6
Corporation established under section 124 or 125.
7
16 Section 5 (heading)
8
Omit "or R&D Funds".
9
17 Subsection 5(1)
10
Omit "or an R&D Fund".
11
18 Paragraphs 5(1)(a) and (b)
12
Omit "or the Fund, as the case may be".
13
19 Subsection 5(2)
14
Omit "or an R&D Fund".
15
20 Paragraphs 5(2)(a) and (b)
16
Omit "or the Fund, as the case may be".
17
21 Paragraph 5(3)(b)
18
Omit all the words after "class of primary" (third occurring), substitute
19
"industries in respect of which the Corporation is established".
20
22 Subsection 6(1)
21
Omit "(1)".
22
23 Paragraph 6(1)(b)
23
Omit "or to an R&D Fund".
24
24 Paragraph 6(1)(c)
25
Omit "or from the R&D Fund, as the case may be".
26
Amendments to repeal provisions relating to R&D Councils and R&D Funds Schedule
1
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 7
25 Paragraph 6(1)(d)
1
Omit "or to the R&D Fund, as the case may be".
2
26 Subsection 6(2)
3
Repeal the subsection.
4
27 Subsection 7(1)
5
Omit "or an R&D Council".
6
28 Subsection 7(2)
7
Omit "or an R&D Council".
8
29 Subsection 7(2)
9
Omit "or 92 establishing the Corporation or Council", substitute
10
"establishing the Corporation".
11
30 Subsection 7(3)
12
Omit "and each R&D Council".
13
31 Subsection 36(2)
14
Repeal the subsection.
15
32 Paragraph 37(b)
16
Omit "or to an R&D Fund".
17
33 Paragraph 37(c)
18
Omit "or to the R&D Fund,".
19
34 Paragraph 37(c)
20
Omit "or 30A(1)(a) or into the Fund under paragraph 108(1)(a)",
21
substitute ", 30A(1)(a) or 30B(2)(a)".
22
35 Paragraph 37(f)
23
Omit "30A(1)(a) or 108(1)(a)", substitute "30A(1)(a) or 30B(2)(a)".
24
36 Paragraph 37(f)
25
Omit ", or into the Fund, as the case may be".
26
Schedule 1 Amendments to repeal provisions relating to R&D Councils and R&D
Funds
8 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
37 Paragraph 38(b)
1
Omit "or to an R&D Fund".
2
38 Paragraph 38(c)
3
Omit "or to the R&D Fund,".
4
39 Paragraph 38(c)
5
Omit ", or money in the Fund was spent under section 112,".
6
40 Paragraph 38(d)
7
Omit "or 30A(1)(b) or into the Fund under paragraph 108(1)(b)",
8
substitute ", 30A(1)(b) or 30B(2)(b)".
9
41 Paragraph 38(g)
10
Omit "108(1)(b)", substitute "30B(2)(b)".
11
42 Paragraph 38(g)
12
Omit ", or into the Fund, as the case may be".
13
43 Subsection 39(2)
14
Repeal the subsection.
15
44 Part 3
16
Repeal the Part.
17
45 Subsection 123(2)
18
Repeal the subsection.
19
46 Subsection 123(3)
20
Omit "or (2) is", substitute "is".
21
47 Subsection 123(3)
22
Omit "or (2), as the case may be,".
23
48 Section 126
24
Repeal the section.
25
Amendments to repeal provisions relating to R&D Councils and R&D Funds Schedule
1
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 9
49 Section 127
1
Omit "or an R&D Council".
2
50 Section 127
3
Omit "or nominated members of the R&D Council, as the case may be".
4
51 Subsection 130(1)
5
Omit "or an R&D Council".
6
52 Paragraph 130(2)(b)
7
Omit "or R&D Council".
8
53 Paragraph 130(3)(b)
9
Omit ", or the members of the R&D Council concerned,".
10
54 Subsection 131(1)
11
Omit "or an R&D Council".
12
55 Subsection 131(1B)
13
Repeal the subsection.
14
56 Subsection 131(2)
15
Omit ", or the members of the R&D Council concerned,".
16
57 Paragraph 131(3)(a)
17
Omit "or R&D Council".
18
58 Subsection 134(1)
19
Omit "or R&D Council (as the case may be)".
20
59 Section 137
21
Repeal the section.
22
60 Subsection 139(3)
23
Repeal the subsection.
24
61 Subsection 142(2)
25
Omit "and R&D Councils".
26
Schedule 1 Amendments to repeal provisions relating to R&D Councils and R&D
Funds
10 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
62 Subsection 142(3)
1
Omit "and each R&D Council".
2
63 Subsection 143(1)
3
Omit "or an R&D Council".
4
64 Subsection 143(2)
5
Omit "or R&D Council".
6
65 Paragraph 143(3)(a)
7
Omit "or R&D Council".
8
66 Paragraph 143(3)(a)
9
Omit "or Council".
10
67 Section 144 (heading)
11
Omit "or R&D Council".
12
68 Subsection 144(2)
13
Repeal the subsection.
14
69 Section 145 (heading)
15
Omit "or R&D Council".
16
70 Subsection 145(3)
17
Repeal the subsection.
18
71 Section 146 (heading)
19
Omit "or R&D Council".
20
72 Subsection 146(1)
21
Omit "(1)".
22
73 Subsection 146(2)
23
Repeal the subsection.
24
74 Section 147 (heading)
25
Omit "or R&D Council".
26
Amendments to repeal provisions relating to R&D Councils and R&D Funds Schedule
1
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 11
75 Subsection 147(1)
1
Omit "(1)".
2
76 Subsection 147(2)
3
Repeal the subsection.
4
77 Section 148 (heading)
5
Omit "and R&D Councils".
6
78 Section 148
7
Omit "or R&D Council".
8
79 Subsection 149(2)
9
Omit "or section 92".
10
80 Subsection 149(2)
11
Omit "or R&D Council".
12
Schedule 2 Amendments relating to change of Act name
12 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Schedule 2
--
Amendments relating to change
1
of Act name
2
3
Dairy Produce Act 1986
4
1 Subsection 3(1) (paragraphs (g), (h) and (i) of the definition
5
of old dairy levy amounts)
6
Omit "and Energy".
7
Fisheries Administration Act 1991
8
2 Subsection 94E(1) (paragraph (a) of the definition of
9
deductible component)
10
Omit "and Energy".
11
Freedom of Information Act 1982
12
3 Part III of Schedule 2
13
Omit "Primary Industries and Energy Research and Development Act
14
1989", substitute "Primary Industries Research and Development Act
15
1989".
16
Pig Industry Act 2001
17
4 Subsection 10(6)
18
Omit "and Energy".
19
5 Subsection 10(14) (definition of Research and Development
20
Act)
21
Omit "and Energy".
22
6 Subclause 17(2) of Schedule 1
23
Repeal the subclause.
24
Amendments relating to change of Act name Schedule 2
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 13
Plant Health Australia (Plant Industries) Funding Act 2002
1
7 Section 3 (subparagraph (b)(i) of the definition of primary
2
levy or charge)
3
Omit "and Energy".
4
8 Subsection 7(3)
5
Omit "and Energy".
6
9 Subparagraph 8(1)(b)(iii)
7
Omit "and Energy".
8
10 Paragraph 8(3)(b)
9
Omit "and Energy".
10
11 Paragraph 9(5)(b)
11
Omit "and Energy".
12
Primary Industries and Energy Research and Development
13
Act 1989
14
12 Title
15
Omit ", energy".
16
13 Section 1
17
Omit "and Energy".
18
Note:
This item amends the short title of the Act. If another amendment of the Act is
19
described by reference to the Act's previous short title, that other amendment has effect
20
after the commencement of this item as an amendment of the Act under its amended
21
short title (see section 10 of the Acts Interpretation Act 1901).
22
14 Subsection 4(1) (paragraph (b) of the definition of primary
23
industry)
24
Repeal the paragraph.
25
Schedule 2 Amendments relating to change of Act name
14 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Primary Industries Levies and Charges Collection Act 1991
1
15 Subsection 4(1) (definition of R & D Corporation)
2
Omit "and Energy".
3
Funding agreements Schedule 3
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 15
Schedule 3
--
Funding agreements
1
2
Primary Industries and Energy Research and Development
3
Act 1989
4
1 Subsection 4(1)
5
Insert:
6
funding agreement means an agreement under subsection 33(4).
7
2 At the end of section 33
8
Add:
9
Spending must be in accordance with funding agreement
10
(3) After 30 June 2014, an R&D Corporation must not spend money
11
that has been paid to the R&D Corporation by the Commonwealth
12
unless the R&D Corporation does so in accordance with a written
13
funding agreement.
14
(4) The Minister may enter into a funding agreement with an R&D
15
Corporation. The agreement must specify the terms and conditions
16
on which money paid to the R&D Corporation by the
17
Commonwealth will be spent.
18
(5) A funding agreement must be published on the website of the R&D
19
Corporation concerned as soon as practicable after it is made or
20
varied.
21
Schedule 4 Separately levied fisheries
16 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Schedule 4
--
Separately levied fisheries
1
2
Primary Industries and Energy Research and Development
3
Act 1989
4
1 Subsection 4(1)
5
Insert:
6
separately levied fishery has the meaning given by
7
subsection 5A(1).
8
2 After section 5
9
Insert:
10
5A Separately levied fisheries
11
(1) The regulations may declare that a part of the fishing industry,
12
whether managed in whole or in part by or on behalf of the
13
Commonwealth or a State or Territory, is a separately levied
14
fishery.
15
(2) The regulations may declare that a levy attached to an R&D
16
Corporation established in respect of the fishing industry is also a
17
levy on a separately levied fishery.
18
3 Subparagraph 25(2)(c)(iv)
19
Omit "or 30A", substitute ", 30A or 30B".
20
4 Section 30A (heading)
21
Repeal the heading, substitute:
22
30A Fishing industry payments other than separately levied fishery
23
payments
24
5 Before subsection 30A(1)
25
Insert:
26
(1A) In this section:
27
Separately levied fisheries Schedule 4
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 17
(a) a reference to a levy does not include a reference to a levy on
1
a separately levied fishery; and
2
(b) a reference to an amount spent or required to be spent by an
3
R&D Corporation under section 33 does not include a
4
reference to an amount spent or required to be spent in
5
relation to:
6
(i) a separately levied fishery; or
7
(ii) marketing activities; and
8
(c) a reference to the fishing industry does not include a
9
reference to a separately levied fishery; and
10
(d) a reference to an amount spent or required to be spent by an
11
R&D Corporation under section 33 does not include a
12
reference to an amount spent or required to be spent in
13
relation to marketing activities.
14
Levy payments
15
6 Before subsection 30A(2)
16
Insert:
17
Matching payments
18
7 Subsection 30A(2)
19
Omit "Subject to subsection (2A), the", substitute "The".
20
8 Subparagraph 30A(2)(b)(ii)
21
After "the amount so", insert "spent or".
22
9 Paragraph 30A(2)(b)
23
Omit "Corporation):", substitute "Corporation);".
24
10 Subparagraph 30A(2)(c)(ii)
25
After "the amount so", insert "spent or".
26
11 Subsection 30A(2A)
27
Repeal the subsection.
28
12 After section 30A
29
Insert:
30
Schedule 4 Separately levied fisheries
18 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
30B Separately levied fishery payments
1
(1) In this section, a reference to an amount spent or required to be
2
spent by an R&D Corporation under section 33 does not include a
3
reference to an amount spent or required to be spent in relation to
4
marketing activities.
5
Levy payments
6
(2) There are to be paid to an R&D Corporation established in respect
7
of the fishing industry amounts equal to:
8
(a) if a levy on a separately levied fishery is attached to the
9
Corporation--the amounts from time to time received by the
10
Commonwealth, under the Collection Act, as:
11
(i) the research component of that levy; and
12
(ii) amounts (if any) paid, on behalf of a person liable to
13
pay that levy, by another person, in respect of the
14
research component of that levy; and
15
(iii) amounts of penalty for non-payment of that levy, to the
16
extent that the penalty is attributable to the non-payment
17
of the research component of that levy; and
18
(iv) the marketing component of that levy; and
19
(b) amounts worked out under subsection (3) in respect of the
20
separately levied fishery.
21
Matching payments
22
(3) The amounts to be paid to an R&D Corporation under
23
paragraph (2)(b) in respect of the separately levied fishery, during
24
a particular financial year, are as follows:
25
(a) an amount equal to 0.5% of interim GVP for the fishery for
26
that year or, if the amount spent or required to be spent by the
27
Corporation under section 33 in relation to the separately
28
levied fishery (other than paragraph 33(1)(d)) for that
29
financial year is less than 0.5% of that interim GVP, an
30
amount equal to that lesser amount;
31
(b) where the amount so spent or required to be spent by the
32
Corporation in relation to the fishery for that financial year is
33
more than 0.5% of interim GVP for that year:
34
(i) if that amount is not less than 1% of that interim GVP--
35
an amount equal to 0.25% of that interim GVP; or
36
Separately levied fisheries Schedule 4
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 19
(ii) if that amount is more than 0.5%, but less than 1%, of
1
that interim GVP--half of the amount equal to the
2
percentage of that interim GVP by which the amount
3
spent or required to be spent was more than 0.5% of that
4
interim GVP;
5
reduced, unless the regulations provide otherwise, by the
6
amount (if any) by which the amount worked out under
7
subparagraph (i) or (ii) (as the case may be) exceeds the total
8
of the amounts paid to the Corporation during the year under
9
subparagraphs (2)(a)(i) and (ii) (less the sum of any refunds
10
paid in relation to levies covered by those subparagraphs).
11
(4) If:
12
(a) an amount is paid to the Corporation under paragraph (2)(b)
13
in a financial year; and
14
(b) the amount was calculated, in whole or in part, under
15
subsection (3) on the basis of interim GVP for the financial
16
year; and
17
(c) before the end of 31 October next following the financial
18
year, the Minister determines an amount that is the final GVP
19
for the fishery for the financial year; and
20
(d) as at the end of 31 October next following the financial year,
21
the total amount paid to the Corporation under
22
paragraph (2)(b) in the financial year exceeds the amount that
23
would have been paid to the Corporation under that
24
paragraph in the financial year if each reference in
25
subsection (3) to interim GVP were a reference to the amount
26
of final GVP so determined;
27
the Corporation must pay to the Commonwealth an amount equal
28
to the excess.
29
(5) If:
30
(a) an amount is paid to the Corporation under paragraph (2)(b)
31
in a financial year; and
32
(b) the amount was calculated, in whole or in part, under
33
subsection (3) on the basis of interim GVP for the financial
34
year; and
35
(c) before the end of 31 October next following the financial
36
year, the Minister determines an amount that is the final GVP
37
for the fishery for the financial year; and
38
Schedule 4 Separately levied fisheries
20 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
(d) as at the end of 31 October next following the financial year,
1
the total amount paid to the Corporation under
2
paragraph (2)(b) in the financial year falls short of the
3
amount that would have been paid to the Corporation under
4
that paragraph in the financial year if each reference in
5
subsection (3) to interim GVP were a reference to the amount
6
of final GVP so determined;
7
the Commonwealth must pay to the Corporation an amount equal
8
to the shortfall.
9
(6) If:
10
(a) before the end of 31 October next following a financial year,
11
the Minister has not determined under subsection (10) an
12
amount that is final GVP for the fishery for the financial
13
year; and
14
(b) the Minister has determined under subsection (10) the
15
amount that is final GVP for the fishery for the previous
16
financial year;
17
the Minister is taken to have made, immediately before the end of
18
that 31 October, a determination under subsection (10) that the
19
amount of final GVP for the fishery for the financial year is equal
20
to the amount of the final GVP for the fishery determined under
21
subsection (10) for the previous financial year.
22
(7) The Minister may, on behalf of the Commonwealth, set off an
23
amount payable by an R&D Corporation under this section against
24
an amount that is payable to the Corporation under subsection (2)
25
or (5).
26
(8) A determination made under this section is not a legislative
27
instrument.
28
(9) Amounts payable under subsection (2) or (5) are to be paid out of
29
the Consolidated Revenue Fund, which is appropriated
30
accordingly.
31
(10) In this section:
32
final GVP, for a separately levied fishery for a financial year,
33
means the amount that the Minister determines to be the amount of
34
the gross value of production for that financial year of the goods
35
that are the produce of that fishery.
36
Separately levied fisheries Schedule 4
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 21
interim GVP, for a separately levied fishery for a financial year,
1
means the final GVP for the fishery for the previous financial year.
2
(11) The regulations may provide for the manner in which the Minister
3
is to determine the amount of the final GVP for a separately levied
4
fishery for a financial year.
5
13 Paragraph 33(1)(ca)
6
After "30A(2B)", insert ", 30B(4)".
7
14 Before section 34
8
Insert:
9
33B State and Territory fisheries R&D money
10
(1) This section applies if:
11
(a) a State or Territory makes a payment to an R&D Corporation
12
in respect of research and development in respect of the
13
fishing industry; or
14
(b) the Commonwealth makes a payment to an R&D
15
Corporation of money paid by a State or Territory to the
16
Commonwealth in respect of research and development in
17
respect of the fishing industry.
18
(2) The R&D Corporation must, within 5 years of receiving the
19
payment, spend an equal amount on R&D activities of relevance to
20
the State or Territory.
21
33C Separately levied fisheries money
22
Money received by an R&D Corporation under section 30B in
23
respect of a separately levied fishery may be spent for purposes
24
related to the separately levied fishery only.
25
15 Paragraphs 34(a) and (b)
26
Omit "or 30A(1)(a)", substitute ", 30A(1)(a) or 30B(2)(a)".
27
16 At the end of section 35
28
Add ", 30A(1)(a) or 30B(2)(a)".
29
Schedule 4 Separately levied fisheries
22 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
17 Paragraph 37(c)
1
Omit "or 30A(1)(a)", substitute ", 30A(1)(a) or 30B(2)(a)".
2
Matching voluntary payments Schedule 5
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 23
Schedule 5
--
Matching voluntary payments
1
2
Dairy Produce Act 1986
3
1 At the end of subsection 6(3)
4
Add:
5
; and (c) amounts prescribed by the regulations.
6
2 After subsection 6(3)
7
Insert:
8
(3A) Subsection (3) does not apply if the eligible body is prescribed by
9
the regulations as a body to which the subsection does not apply.
10
Egg Industry Service Provision Act 2002
11
3 Section 4 (at the end of the definition of matching amounts)
12
Add:
13
; and (c) amounts prescribed by the regulations.
14
4 After subsection 8(2)
15
Insert:
16
(2A) Paragraph (2)(c) does not apply if the regulations so provide.
17
Forestry Marketing and Research and Development Services
18
Act 2007
19
5 Subsection 9(3)
20
Omit all the words after "sum", substitute:
21
of:
22
(a) the tax-related amounts; and
23
(b) amounts prescribed by the regulations.
24
6 After subsection 9(3)
25
Insert:
26
Schedule 5 Matching voluntary payments
24 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
(3A) Subsection (3) does not apply if the company is prescribed by the
1
regulations as a company to which the subsection does not apply.
2
Pig Industry Act 2001
3
7 Subsection 10(6)
4
Repeal the subsection, substitute:
5
Overall limit for matching payments
6
(6) For matching payments, the total limit on the appropriation is the
7
sum of:
8
(a) the total amount of levy received by the Commonwealth
9
(either before or after the commencement of this section),
10
less amounts that have been paid by the Commonwealth to
11
the Pig Research and Development Corporation before the
12
transfer time, in respect of that levy, under
13
paragraph 30(1)(b) of the Primary Industries Research and
14
Development Act 1989; and
15
(b) amounts prescribed by the regulations.
16
(6A) Subsection (6) does not apply if the regulations so provide.
17
Primary Industries and Energy Research and Development
18
Act 1989
19
8 Paragraph 30A(2)(b)
20
After "reduced", insert ", unless the regulations provide otherwise,".
21
9 At the end of subsection 30A(2)
22
Add:
23
; (d) other amounts of matching payments specified in the
24
regulations, so along as the total of the amounts paid to the
25
Corporation under paragraph (1)(b) in the financial year do
26
not exceed 0.75% of interim total GVP for that year.
27
10 At the end of subsection 30B(3)
28
Add:
29
; and (c) other amounts of matching payments specified in the
30
regulations, so along as the total of the amounts paid to the
31
Matching voluntary payments Schedule 5
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 25
Corporation under paragraph (2)(b) in the financial year do
1
not exceed 0.75% of interim GVP for that year.
2
11 At the end of subsection 31(1)
3
Add:
4
; and (e) other amounts of matching payments specified in the
5
regulations.
6
Wool Services Privatisation Act 2000
7
12 Subsection 31(6)
8
Repeal the subsection, substitute:
9
Overall limit on appropriation for category B payments
10
(6) For category B payments, the total limit on the appropriation is the
11
sum of:
12
(a) the total amount of wool levy received by the
13
Commonwealth, and for this purpose, amounts received by
14
the Commonwealth as penalties for late payment of wool
15
levy are not to be treated as amounts of wool levy; and
16
(b) amounts prescribed by the regulations.
17
(6A) Subsection (6) does not apply if the regulations so provide.
18
Schedule 6 Selection committees
26 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Schedule 6
--
Selection committees
1
2
Primary Industries and Energy Research and Development
3
Act 1989
4
1 Subsection 17(3)
5
Omit all the words after "appointed", substitute:
6
from persons:
7
(a) nominated by a Selection Committee under Part 4; or
8
(b) included on a list, given to the Minister under
9
paragraph 132(2)(b), of persons a Selection Committee
10
considers suitable for nomination.
11
2 Subsection 122(1)
12
Omit "Selection Committees", substitute "the Selection Committee".
13
3 Subsection 123(1)
14
Omit "Selection Committees", substitute "the Selection Committee".
15
4 Paragraphs 123(1)(c) and (ca)
16
Repeal the paragraphs, substitute:
17
(c) if there is no Selection Committee for the R&D
18
Corporation--requesting the Presiding Member to establish
19
the Selection Committee; and
20
5 Subsections 124(1) and (2)
21
Repeal the subsections, substitute:
22
(1) If:
23
(a) the Presiding Member of the Selection Committee for an
24
R&D Corporation (other than an R&D Corporation to which
25
section 125 applies) receives a request under
26
subsection 123(1); and
27
(b) there is no Selection Committee for the Corporation;
28
the Presiding Member must establish the Selection Committee for
29
the purpose of nominating persons for appointment to the
30
Corporation.
31
Selection committees Schedule 6
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 27
(2) The Selection Committee so established consists of the following
1
members:
2
(a) the Presiding Member;
3
(b) up to 4 other members appointed by the Minister on the
4
nomination of the Presiding Member.
5
(2A) For the purposes of nominating the other members, the Presiding
6
Member must:
7
(a) consult with each of the Corporation's representative
8
organisations; and
9
(b) have regard to the desirability of reflecting diversity,
10
including a diversity of expertise, experience and gender,
11
among the nominees.
12
6 Subsection 124(3)
13
Omit "representative organisation or representative organisations",
14
substitute "Presiding Member".
15
7 Subsections 125(2), (3) and (4)
16
Repeal the subsections, substitute:
17
(2) If a request is made under subsection 123(1) to the Presiding
18
Member of the Selection Committee for the R&D Corporation:
19
(a) if there is no Selection Committee for the R&D
20
Corporation--the Presiding Member must establish the
21
Selection Committee for the purpose of nominating persons
22
for appointment to the Corporation; and
23
(b) the Minister may appoint up to 4 persons as members of that
24
Committee for the purposes of this paragraph; and
25
(c) the Minister must inform the Presiding Member of any such
26
appointment.
27
(3) If the Minister has not appointed 4 persons under paragraph (2)(b),
28
the Minister may request the Presiding Member to nominate to the
29
Minister persons for appointment to the Selection Committee.
30
(4) The Selection Committee so established consists of the following
31
members:
32
(a) the Presiding Member;
33
(b) up to 4 other members, being:
34
Schedule 6 Selection committees
28 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
(i) the members (if any) appointed by the Minister under
1
paragraph (2)(b); and
2
(ii) such other members appointed by the Minister on the
3
nomination of the Presiding Member.
4
(4A) For the purposes of nominating persons for appointment to the
5
Selection Committee, the Presiding Member must:
6
(a) consult with each of the Corporation's representative
7
organisations; and
8
(b) have regard to the desirability of reflecting diversity,
9
including a diversity of expertise, experience and gender,
10
among the nominees.
11
8 Subsection 125(5)
12
Omit "representative organisation or representative organisations",
13
substitute "Presiding Member".
14
9 Section 129
15
Repeal the section, substitute:
16
129 Presiding Member to abolish Selection Committee
17
The Presiding Member of a Selection Committee must abolish the
18
Selection Committee at the later of the following times:
19
(a) when the term of office of the Presiding Member in which
20
the Selection Committee was established ends (disregarding
21
any term for which the Presiding member is reappointed);
22
(b) if, when that term ends, the Selection Committee is part way
23
through a selection process, when that selection process is
24
complete.
25
10 Subsection 130(1)
26
Omit "or R&D Council", substitute ", having regard to the desirability
27
of reflecting diversity, including a diversity of expertise, experience and
28
gender, among the nominees".
29
11 At the end of subsection 130(2)
30
Add:
31
Selection committees Schedule 6
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 29
; and (d) must make a list of persons the Selection Committee
1
considers suitable for nomination and the details of their
2
expertise and experience.
3
12 At the end of paragraph 130(3)(b)
4
Add:
5
; and (iii) appropriate diversity.
6
13 Paragraph 131(1)(m)
7
Omit "sociology", substitute "communication".
8
14 Subsection 131(1B)
9
Repeal the subsection.
10
15 At the end of section 131
11
Add:
12
(4) The Selection Committee must not invite nominations under
13
paragraphs 130(2)(a) to (c) in relation to the appointment if:
14
(a) the Selection Committee is satisfied that a person listed
15
within the previous 12 months under paragraph 130(2)(d) is
16
suitable for nomination by the Selection Committee; and
17
(b) the person has not been included in a list of persons given to
18
the Minister under paragraph 132(2)(b) in relation to the
19
appointment.
20
16 Section 132
21
Before "Subject", insert "(1)".
22
17 At the end of section 132
23
Add:
24
(2) The Selection Committee must also provide the Minister with:
25
(a) details of the expertise and experience of the nominees; and
26
(b) a list of any other persons the Selection Committee considers
27
suitable for nomination and the details of their expertise and
28
experience.
29
Schedule 6 Selection committees
30 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
18 Subsection 134(1)
1
After "nominee", insert "or any other person listed by a Selection
2
Committee".
3
19 Subsection 134(1)
4
Omit all the words after "written notice", substitute "requesting another
5
nomination within a specified period".
6
20 Subsection 134(2)
7
Omit ", 125 and 126", substitute "and 125".
8
21 Paragraph 135(1)(c)
9
Omit "Selection Committees", substitute "the Selection Committee".
10
22 Section 136
11
Repeal the section.
12
23 Subsection 141(1)
13
Omit "Selection Committees" (wherever occurring), substitute "the
14
Selection Committee".
15
24 Subsection 141(1AA)
16
Omit "each", substitute "the".
17
25 Subsection 141(3)
18
Omit "Selection Committees", substitute "a Selection Committee".
19
26 Partly completed selection processes
20
Despite the amendments made by this Schedule, the Primary Industries
21
and Energy Research and Development Act 1989 as in force before the
22
commencement of this Schedule continues to apply, after that
23
commencement, in relation to a selection process begun under Part 4 of
24
that Act before that commencement.
25
Delegations and directions Schedule 7
Delegations Part 1
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 31
Schedule 7
--
Delegations and directions
1
Part 1
--
Delegations
2
Australian Meat and Live-stock Industry Act 1997
3
1 Section 70
4
Repeal the section, substitute:
5
70 Delegations
6
(1) The Minister may, in writing, delegate all or any of his or her
7
powers and functions under this Act (other than section 69) to:
8
(a) the Secretary; or
9
(b) an APS employee who holds or performs the duties of an
10
SES Band 1 position, or an equivalent or higher position, in
11
the Department.
12
(2) The Secretary may, in writing, delegate all or any of his or her
13
powers under this Act (other than section 49) to an APS employee
14
who holds or performs the duties of an SES Band 1 position, or an
15
equivalent or higher position, in the Department.
16
Horticulture Marketing and Research and Development
17
Services Act 2000
18
2 Section 32
19
Repeal the section, substitute:
20
32 Delegations
21
(1) The Minister may, in writing, delegate all or any of his or her
22
powers and functions under this Act (other than section 29) to:
23
(a) the Secretary; or
24
(b) an APS employee who holds or performs the duties of an
25
SES Band 1 position, or an equivalent or higher position, in
26
the Department.
27
(2) The Secretary may, in writing, delegate all or any of his or her
28
powers under this Act to an APS employee who holds or performs
29
Schedule 7 Delegations and directions
Part 1 Delegations
32 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
the duties of an SES Band 1 position, or an equivalent or higher
1
position, in the Department.
2
Primary Industries and Energy Research and Development
3
Act 1989
4
3 After section 143
5
Insert:
6
143A Delegations
7
The Minister may, in writing, delegate all or any of his or her
8
powers and functions under this Act (other than section 143) to:
9
(a) the Secretary; or
10
(b) an APS employee who holds or performs the duties of an
11
SES Band 1 position, or an equivalent or higher position, in
12
the Department.
13
Wool Services Privatisation Act 2000
14
4 Section 38
15
Repeal the section, substitute:
16
38 Delegations
17
The Minister may, in writing, delegate all or any of his or her
18
powers and functions under this Act (other than section 33A) to:
19
(a) the Secretary; or
20
(b) an APS employee who holds or performs the duties of an
21
SES Band 1 position, or an equivalent or higher position, in
22
the Department.
23
Delegations and directions Schedule 7
Ministerial directions Part 2
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 33
Part 2
--
Ministerial directions
1
Dairy Produce Act 1986
2
5 After section 126
3
Insert:
4
126A Ministerial directions
5
(1) The Minister may give a written direction to the industry services
6
body if:
7
(a) the Minister:
8
(i) is satisfied that the direction is in Australia's national
9
interest because of exceptional and urgent
10
circumstances; and
11
(ii) is satisfied that the direction would not require the body
12
to incur expenses greater than amounts paid to the body
13
under this Act; and
14
(iii) has given the body's directors an adequate opportunity,
15
in accordance with any arrangements set out in the
16
body's funding contract, to discuss with the Minister the
17
need for the proposed direction and the impact of
18
compliance with subsection (3) on the body's
19
commercial activities; and
20
(b) the direction is made for a purpose that is within the
21
Commonwealth's legislative power.
22
(2) If the body is given a direction under subsection (1), it must
23
comply with it.
24
(3) Subject to subsection (4), if the Minister gives a direction to the
25
body under subsection (1):
26
(a) the Minister must cause a copy of the direction:
27
(i) to be published in the Gazette as soon as practicable
28
after giving the direction; and
29
(ii) to be tabled in each House of the Parliament within 5
30
sitting days of that House after giving the direction; and
31
(b) the annual reports of the body applicable to periods in which
32
the direction has effect must include:
33
Schedule 7 Delegations and directions
Part 2 Ministerial directions
34 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
(i) particulars of the direction; and
1
(ii) an assessment of the impact that the direction has had
2
on the operations of the body during the period.
3
(4) Subsection (3) does not apply in relation to a particular direction if:
4
(a) the Minister, on the recommendation of the industry services
5
body, determines, in writing, that compliance with the
6
subsection would, or would be likely to, prejudice the
7
commercial activities of the body; or
8
(b) the Minister determines, in writing, that compliance with the
9
subsection would be contrary to the public interest.
10
(5) The Minister is not to be taken to be a director of the industry
11
services body for the purposes of the Corporations Act 2001
12
merely because of the power conferred on the Minister by this
13
section.
14
(6) The Commonwealth is not to be taken to be in a position to
15
exercise control over the industry services body merely because of
16
the power conferred on the Minister by this section.
17
Wool Services Privatisation Act 2000
18
6 Section 7
19
Insert:
20
research body means the body that is declared to be the research
21
body under section 30.
22
7 After section 33
23
Insert:
24
33A Ministerial directions
25
(1) The Minister may give a written direction to the research body if:
26
(a) the Minister:
27
(i) is satisfied that the direction is in Australia's national
28
interest because of exceptional and urgent
29
circumstances; and
30
Delegations and directions Schedule 7
Ministerial directions Part 2
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 35
(ii) is satisfied that the direction would not require the body
1
to incur expenses greater than amounts paid to the body
2
under this Act; and
3
(iii) has given the body's directors an adequate opportunity,
4
in accordance with any arrangements set out in the
5
body's funding contract, to discuss with the Minister the
6
need for the proposed direction and the impact of
7
compliance with subsection (3) on the body's
8
commercial activities; and
9
(b) the direction is made for a purpose that is within the
10
Commonwealth's legislative power.
11
(2) If a body is given a direction under subsection (1), it must comply
12
with it.
13
(3) Subject to subsection (4), if the Minister gives a direction to a body
14
under subsection (1):
15
(a) the Minister must cause a copy of the direction:
16
(i) to be published in the Gazette as soon as practicable
17
after giving the direction; and
18
(ii) to be tabled in each House of the Parliament within 5
19
sitting days of that House after giving the direction; and
20
(b) the annual reports of the body applicable to periods in which
21
the direction has effect must include:
22
(i) particulars of the direction; and
23
(ii) an assessment of the impact that the direction has had
24
on the operations of the body during the period.
25
(4) Subsection (3) does not apply in relation to a particular direction if:
26
(a) the Minister, on the recommendation of the research body,
27
determines, in writing, that compliance with the subsection
28
would, or would be likely to, prejudice the commercial
29
activities of the body; or
30
(b) the Minister determines, in writing, that compliance with the
31
subsection would be contrary to the public interest.
32
(5) The Minister is not to be taken to be a director of the research body
33
for the purposes of the Corporations Act 2001 merely because of
34
the power conferred on the Minister by this section.
35
Schedule 7 Delegations and directions
Part 2 Ministerial directions
36 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
(6) The Commonwealth is not to be taken to be in a position to
1
exercise control over the research body merely because of the
2
power conferred on the Minister by this section.
3
Marketing activities Schedule 8
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 37
Schedule 8
--
Marketing activities
1
2
Primary Industries and Energy Research and Development
3
Act 1989
4
1 Section 3
5
Repeal the section, substitute:
6
3 Objects
7
The objects of this Act are to:
8
(a) make provision for the funding and administration of
9
research and development relating to primary industries with
10
a view to:
11
(i) increasing the economic, environmental and social
12
benefits to members of primary industries and to the
13
community in general by improving the production,
14
processing, storage, transport or marketing of the
15
products of primary industries; and
16
(ii) achieving the sustainable use and sustainable
17
management of natural resources; and
18
(iii) making more effective use of the resources and skills of
19
the community in general and the scientific community
20
in particular; and
21
(iv) supporting the development of scientific and technical
22
capacity; and
23
(v) developing the adoptive capacity of primary producers;
24
and
25
(vi) improving accountability for expenditure on research
26
and development activities in relation to primary
27
industries; and
28
(b) make provision for the funding and administration of
29
marketing relating to products of primary industries.
30
2 Subsection 4(1)
31
Insert:
32
marketing activities means the marketing, advertising or
33
promotion of products of primary industries.
34
Schedule 8 Marketing activities
38 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
marketing component, in relation to a levy, means so much of the
1
levy as the regulations declare to be the marketing component of
2
the levy under paragraph 5(3)(aa).
3
3 After paragraph 5(3)(a)
4
Insert:
5
(aa) the specified proportion (if any) of the levy, or of each levy
6
included in the class, as the case may be, to be the marketing
7
component of the levy; and
8
4 After paragraph 11(e)
9
Insert:
10
(ea) if a levy attached to the Corporation has a marketing
11
component--to carry out marketing activities for the benefit
12
of the primary industry or class of primary industries in
13
respect of which the Corporation was established; and
14
5 Paragraphs 12(1)(a) and (b)
15
After "R&D", insert "or marketing".
16
6 Section 13 (heading)
17
After "activities", insert "and marketing activities".
18
7 Subsection 13(1)
19
Omit all the words after "carrying out of", substitute:
20
either or both of the following by the person:
21
(a) R&D activities;
22
(b) if a levy attached to the Corporation has a marketing
23
component--marketing activities.
24
8 Section 14 (heading)
25
After "activities", insert "and marketing activities".
26
9 Subsection 14(1)
27
Omit all the words after "with a person for", substitute:
28
either or both of the following to be carried out by the Corporation
29
and the person:
30
(a) R&D activities;
31
Marketing activities Schedule 8
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 39
(b) if a levy attached to the Corporation has a marketing
1
component--marketing activities.
2
10 Paragraphs 14(2)(a) to (d)
3
Omit "R&D".
4
11 Paragraph 25(2)(a)
5
After "of R&D", insert "and marketing".
6
12 Subsection 25(3)
7
Omit "R&D activities" (wherever occurring), substitute "R&D or
8
marketing activities".
9
13 After subparagraph 28(1)(a)(i)
10
Insert:
11
(ia) if a levy attached to the Corporation had a marketing
12
component during the period--the marketing activities
13
that it coordinated or funded, wholly or partly, during
14
the period; and
15
14 Before subsection 30(1)
16
Insert:
17
(1A) In this section, a reference to an amount spent or required to be
18
spent by an R&D Corporation under section 33 does not include a
19
reference to an amount spent or required to be spent in relation to
20
marketing activities.
21
15 At the end of paragraph 30(1)(a)
22
Add:
23
(iv) the marketing component of that levy; and
24
16 At the end of paragraph 30A(1)(a)
25
Add:
26
(iv) the marketing component of that levy; and
27
17 After section 33
28
Insert:
29
Schedule 8 Marketing activities
40 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
33A R&D money must not be spent on marketing
1
Of money received by an R&D Corporation under sections 30 to
2
30B, only money received under the following provisions may be
3
spent in relation to marketing activities:
4
(a) subparagraph 30(1)(a)(iv);
5
(b) subparagraph 30A(1)(a)(iv);
6
(c) subparagraph 30B(2)(a)(iv).
7
18 Paragraph 40(1)(a)
8
Omit "R&D activities", substitute "activities".
9
19 Subsection 40(2)
10
Omit "R&D activities", substitute "activities".
11
20 Subparagraph 60(1)(d)(i)
12
After "component", insert ", or marketing component,".
13
21 Paragraph 61(e)
14
After "component", insert ", or marketing component,".
15
Wool Services Privatisation Act 2000
16
22 Paragraph 31(2)(a)
17
Repeal the paragraph, substitute:
18
(a) category A payments are spent by the research body on all or
19
any of the following activities for the benefit of Australian
20
woolgrowers:
21
(i) research and development activities;
22
(ii) marketing activities;
23
(iii) other activities; and
24
23 Subsection 32(3)
25
Omit "third anniversary of the previous recommendation", substitute
26
"time prescribed by the regulations".
27
Miscellaneous amendments Schedule 9
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 41
Schedule 9
--
Miscellaneous amendments
1
2
Egg Industry Service Provision Act 2002
3
1 Paragraph 7(2)(a)
4
Repeal the paragraph, substitute:
5
(a) promotion payments are spent by the body on all or any of
6
the following for the benefit of the Australian egg industry:
7
(i) the marketing of eggs and egg products;
8
(ii) the promotion of eggs and egg products;
9
(iii) the provision of industry services; and
10
Primary Industries and Energy Research and Development
11
Act 1989
12
2 Subsection 4(1) (paragraph (b) of the definition of R&D
13
activity)
14
Omit "training", substitute "development".
15
3 At the end of section 7
16
Add:
17
(4) A declaration must be published on the Department's website as
18
soon as practicable after it is made.
19
4 Paragraph 11(e)
20
Omit "facilitate the dissemination, adoption and commercialisation of",
21
substitute "disseminate and commercialise, and facilitate the
22
dissemination, adoption and commercialisation of,".
23
5 Paragraph 12(1)(c)
24
Repeal the paragraph, substitute:
25
(c) make intellectual property and other applications, including
26
joint applications, in relation to the results of research and
27
development; and
28
Schedule 9 Miscellaneous amendments
42 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
6 Paragraph 12(1)(d)
1
Repeal the paragraph, substitute:
2
(d) deal with the results of research and development vested in,
3
or made available to, the Corporation or the Corporation and
4
other persons; and
5
7 Section 26
6
Repeal the section, substitute:
7
26 Commencement of annual operational plan etc.
8
(1) An annual operational plan for an R&D Corporation comes into
9
operation on the first day of the period to which the plan relates.
10
(2) Before the plan comes into operation, the Corporation must
11
provide a copy of the plan to:
12
(a) the Minister; and
13
(b) each of the representative organisations of the Corporation.
14
8 Subparagraph 28(1)(a)(iia)
15
Repeal the subparagraph.
16
9 Subparagraph 28(1)(a)(iii)
17
Omit "or annual operational plan".
18
10 Subparagraph 28(1)(d)(ii)
19
Repeal the subparagraph, substitute:
20
(ii) funds derived from transfer of assets, debts, liabilities
21
and obligations under section 144.
22
Repeal of spent transitional, consequential and amending provisions Schedule 10
Rural Research and Development Legislation Amendment Bill 2013 No. , 2013 43
Schedule 10
--
Repeal of spent transitional,
1
consequential and amending
2
provisions
3
4
Primary Industries and Energy Research and Development
5
Act 1989
6
1 Subsection 4(1) (definition of Research Council)
7
Repeal the definition.
8
2 Subsection 4(1) (definition of Research Fund)
9
Repeal the definition.
10
3 Subsection 4(1) (definition of Special Research Fund)
11
Repeal the definition.
12
4 Subsection 5(3)
13
Omit "Subject to subsection (4), where", substitute "If".
14
5 Subsections 5(4), (5) and (6)
15
Repeal the subsections.
16
6 Part 6
17
Repeal the Part.
18
Schedule 11 Contingent amendments
44 Rural Research and Development Legislation Amendment Bill 2013 No. , 2013
Schedule 11
--
Contingent amendments
1
2
Sugar Research and Development Services Act 2013
3
1 Section 4 (at the end of the definition of matching amounts)
4
Add:
5
; (c) amounts prescribed by the regulations.
6
2 After subsection 7(3)
7
Insert:
8
(3A) Subsection (3) does not apply if the company is prescribed by the
9
regulations as a body to which the subsection does not apply.
10
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