Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 10A

  (1)   The Authority may enter into an agreement with a person for the carrying out of grape or wine research and development activities by the person.

  (2)   The agreement may:

  (a)   provide for:

  (i)   the money provided under the agreement; and

  (ii)   any property acquired or goods produced with that money, or with money that includes that money;

    to be used for the purposes specified in the agreement; and

  (b)   provide for the payment by the person to the Authority of an amount equal to the whole, or such part as the Authority determines, of the money provided under the agreement if any of the money, property or goods referred to in paragraph   ( a) is or are used for a purpose not specified in the agreement; and

  (c)   make provision with respect to:

  (i)   assigning inventions and interests in inventions; and

  (ii)   applying for patents for inventions; and

  (iii)   commercially exploiting patented inventions; and

  (iv)   granting licences under patented inventions;

    where the inventions are made in the course of undertaking grape or wine research and development activities or doing anything else with that money or with money that includes that money; and

  (d)   provide for the payment by the person to the Authority of an amount equal to the whole, or such part as the Authority determines, of any net income derived by the person from:

  (i)   the money, property or goods referred to in paragraph   ( a); or

  (ii)   patents or interests referred to in paragraph   ( c); and

  (e)   provide for the assignment by the person to the Authority of any money, property, goods, patents or interests referred to in paragraph   ( d); and

  (f)   provide for the payment by the person to the Authority of an amount of money determined by the Authority in accordance with the agreement in the event of the disposal (otherwise than to the Authority) of any property, goods, patents or interests referred to in paragraph   ( d).

  (3)   Subsection   ( 2) does not limit the matters that may be included in the agreement.

  (4)   This section does not limit section   8.