Commonwealth Numbered Acts

AUSTRALIAN APPLE AND PEAR CORPORATION AMENDMENT ACT 1986 No. 16 of 1986 - SECT 5

5. After Part III of the Principal Act the following Part is inserted:
         "PART  IIIA-CORPORATE  PLANS  AND  ANNUAL  OPERATIONAL  PLANS


"Division 1-Corporate Plans Corporation to develop corporate plans

"23A. (1) The Corporation shall prepare, for each successive period determined
in accordance with sub-section (3), for the purpose of the more effective
performance by the Corporation of its functions, a corporate plan defining the
principal objectives of the Corporation during that period and giving a broad
outline of the strategies to be pursued by the Corporation in achieving those
objectives.

"(2) A corporate plan prepared in accordance with this section shall be in
writing and, in addition to the matters referred to in sub-section (1), shall
contain a statement assessing, for the period to which the plan relates, the
market outlook and the economic outlook for the apple and pear industry.

"(3) The first corporate plan prepared in accordance with this section shall
be expressed to relate to the period of 5 years commencing on 1 January 1987
and each subsequent corporate plan shall be expressed to relate to the period
of 5 years commencing at the end of the period to which the immediately
preceding corporate plan relates. Approval of corporate plan

"23B. (1) A corporate plan prepared in accordance with section 23A shall be
submitted to the Minister for approval not less than 3 months, or such lesser
period as the Minister, in special circumstances, allows, before the intended
day of commencement of the period to which the corporate plan relates and
shall come into force-

   (a)  on the day on which it is approved by the Minister; or

   (b)  on the day of commencement of the period to which it relates,
        whichever is the later.

"(2) Where a corporate plan is submitted to the Minister in accordance with
sub-section (1) and the Minister is of the opinion that, in the interests of
the apple and pear industry, or of a particular sector of the apple and pear
industry, the plan should be revised in some respect, the Minister may request
the Corporation to revise the plan appropriately and shall include in the
request a statement setting out his or her reasons for making the request.

"(3) Upon the Corporation's receiving a request under sub-section (2), it
shall consider the request and statement of reasons and shall make such
revision of the corporate plan as it considers to be appropriate and shall
then re-submit the plan, as so revised, to the Minister for approval.

"(4) Sub-section (1) applies in relation to the first corporate plan prepared
in accordance with section 23A as if the reference in that sub-section to 3
months were a reference to 2 months. Variation of corporate plan by
Corporation

"23C. (1) A corporate plan, whether or not it has come into force, may be
varied by the Corporation with the approval of the Minister.

"(2) When requesting the Minister's approval for a variation of a corporate
plan, the Corporation shall give the Minister a statement of its reasons for
making the request and shall give the Minister such other information as the
Minister requests.

"(3) The Minister may, after considering the request and statement of reasons
and such other information (if any) as has been given to the Minister, approve
or reject the requested variation or may approve such other variation as the
Minister thinks fit. Variation of corporate plan at request of Minister

"23D. (1) A corporate plan, whether or not it has come into force, may be
varied by the Corporation at the request, and with the approval, of the
Minister.

"(2) When requesting the Corporation to vary a corporate plan, the Minister
shall include in the request a statement setting out reasons for making the
request.

"(3) Upon the Corporation's receiving a request under sub-section (2) to vary
a corporate plan, it shall consider the requested statement of reasons and
shall make, and submit to the Minister for the approval of the Minister, such
variation of the plan as it considers to be appropriate. Date of commencement
of corporate plan as varied

"23E. Where a variation of a corporate plan is approved by the Minister in
accordance with section 23C or 23D after the plan has come into force, the
plan as so varied shall continue in force on and after the date on which the
variation is so approved as if the plan had originally been approved by the
Minister as so varied.

"Division 2-Annual Operational Plans Corporation to develop annual operational
plans

"23F. (1) The Corporation shall prepare in writing, for each successive
calendar year, an annual operational plan, setting out particulars of the
strategies to be pursued by the Corporation, for that year, in giving effect
to the corporate plan that relates, or the intended corporate plan that will
relate, to a period that includes that year.

"(2) The first annual operational plan prepared in accordance with this
section shall be expressed to relate to the year commencing on 1 January 1987
and each subsequent plan shall be expressed to relate to the year commencing
on the expiration of the period to which the immediately preceding plan
relates. Approval of annual operational plans

"23G. (1) An annual operational plan prepared in accordance with section 23F
shall be submitted to the Minister not less than 2 months, or such lesser
period as the Minister, in special circumstances, allows, before the intended
day of commencement of the period to which the plan relates and shall come
into force-

   (a)  on the day on which it is approved by the Minister; or

   (b)  on the day of commencement of the period to which it relates,
        whichever is the later.

"(2) Where an annual operational plan is submitted to the Minister in
accordance with sub-section (1) and the Minister is of the opinion that the
plan is inconsistent with the provisions of the corporate plan that relates,
or the intended corporate plan that will relate, to a period that includes or
will include the year to which the annual operational plan will relate, the
Minister may request the Corporation to revise the annual operational plan
appropriately and shall include in the request a statement setting out his or
her reasons for making the request.

"(3) If the Corporation receives a request under sub-section (2), it shall
consider the request and the Minister's statement of reasons and shall make
such revision of the annual operational plan as it considers to be appropriate
and shall then submit the plan, as so revised, to the Minister for approval.

"(4) Where, if a proposed variation of a corporate plan were to be approved by
the Minister, an annual operational plan, being an annual operational plan
that relates to a year that is included in the period to which the corporate
plan relates, would not be consistent with the provisions of the corporate
plan, the Corporation shall, at the time of submitting to the Minister for the
Minister's approval the variation of the corporate plan, also submit to the
Minister for the Minister's approval such variation of the annual operational
plan as it considers to be appropriate.

"(5) The Minister shall approve an annual operational plan submitted to the
Minister under sub-section (1) or submitted under sub-section (3), or a
variation of such a plan submitted under sub-section (4), unless the Minister
is of the opinion that it is inconsistent with the provisions of the corporate
plan that relates, or the intended corporate plan that will relate, to a
period that includes or will include the year to which the annual operational
plan, or the annual operational plan as so varied, relates.

"(6) Where a variation of an annual operational plan is approved by the
Minister in accordance with this section after the plan has come into force,
the plan as so varied shall continue in force on and after the day on which
the variation is so approved as if the plan had originally been approved by
the Minister as so varied.

"(7) Sub-section (1) applies in relation to the first annual operational plan
as if the reference in that sub-section to 2 months were a reference to one
month.".