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PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989 No. 17, 1990 - SCHEDULE 2
SCHEDULE 2 Section 157
AMENDMENTS OF OTHER ACTS Barley Research Levy Collection Act 1980 Section 9:
Add at the end the following subsection:
"(4) Subsection (3) ceases to have effect if the levy imposed under the Levy
Act is attached, under section 5 of the Primary Industries and Energy
Research and Development Act 1989 , to an R&D Corporation (within the meaning
of that Act) or to an R&D Fund (within the meaning of that Act).". Cotton Levy
Collection Act 1982 Section 9:
Add at the end the following subsection:
"(4) Subsections (2) and (3) cease to have effect if the levy referred to in
subsection (2) is attached, under section 5 of the Primary Industries and
Energy Research and Development Act 1989 , to an R&D Corporation (within the
meaning of that Act) or to an R&D Fund (within the meaning of that Act).".
Dairying Industry Research and Promotion Levy Act 1972 Subsection 5 (1)
(definition of "Council"):
Omit the definition. Subsection 5 (1):
Insert the following definitions:
" 'R&D authority' 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 - the
Dairy Research Council established under subsection 11 (2) of the
Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;". Subsection 13 (2):
Omit "Council" (wherever occurring), substitute "R&D authority".
Dairy Produce Act 1986 Subsection 3 (1):
Insert the following definitions:
" 'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'RIR&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;". Section 65:
Add at the end the following subsection:
"(5) Subsections (3) and (4) cease operation if the research levy imposed by
the first Levy Act is attached, under section 5 of the Primary Industries and
Energy Research and Development Act 1989 , to an R&D Corporation (within the
meaning of that Act) or to an R&D Fund (within the meaning of that Act).".
Paragraph 88 (1) (d):
Omit the paragraph, substitute the following paragraph:
"(d) in making payments:
(i) where the research levy imposed by the first Levy Act is not attached
under section 5 of the Primary Industries and Energy Research and
Development Act 1989 - to the Dairy Research Fund established under
the Rural Industries Research Act 1985; or
(ii) where the levy is attached under that section to an R&D Corporation -
to that R&D Corporation; or
(iii) where the levy is attached under that section to an R&D Fund - to the
RIR&D Corporation for the purposes of the R&D Fund;". Dried Fruits
Levy Act 1971 Subsection 4 (1) (definition of "the Council"):
Omit the definition. Subsection 4 (1):
Insert the following definitions:
" 'R&D authority' 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 - the
Dried Fruits Research Council established under subsection 11 (1) of
the Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;". Subsection 6 (3):
Omit "Council", substitute "R&D authority".
Egg Industry Research (Hen Quota) Levy Collection Act 1987 Section 9:
Omit "The Rural Industries Research Act 1985 has effect as if levy imposed by
the Egg Industry Research (Hen Quota) Levy Act 1987", substitute "Where the
levy imposed by the Egg Industry Research (Hen Quota) Levy Act 1987 is not
attached under section 5 of the Primary Industries and Energy Research and
Development Act 1989 , the Rural Industries Research Act 1985 has effect as
if the levy". Grain Legumes Levy Collection Act 1985 Section 9:
Add at the end the following subsection:
"(4) Subsections (2) and (3) cease to have effect if the levy referred to in
subsection (2) is attached, under section 5 of the Primary Industries and
Energy Research and Development Act 1989 , to an R&D Corporation (within the
meaning of that Act) or to an R&D Fund (within the meaning of that Act).".
Grape Research Levy Act 1986 Section 4:
Omit the section, substitute the following section: Interpretation
"4. In this Act:
'levy' means levy imposed by this Act;
'R&D authority' 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
subsection 5 (3) 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 .". Subsection 10 (2):
Omit all the words after "the Minister by", substitute "an R&D authority."
Grape Research Levy Collection Act 1986 Section 9:
Add at the end the following subsection:
"(4) Subsections (2) and (3) cease to have effect if the levy referred to in
subsection (2) is attached, under section 5 of the Primary Industries and
Energy Research and Development Act 1989 , to an R&D Corporation (within the
meaning of that Act) or to an R&D Fund (within the meaning of that Act).".
Honey Export Charge Act 1973 Section 4 (definition of "Council"):
Omit the definition. Section 4:
Insert the following definitions:
" 'R&D authority' 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 - the
Honey Research Council established under subsection 11 (2) of the
Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 .". Subsection 5 (3):
Omit "Council", substitute "R&D authority". Honey Levy Act (No. 1) 1962
Section 3a (definition of "Council"):
Omit the definition. Section 3a:
Insert the following definitions:
" 'R&D authority' 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 - the
Honey Research Council established under subsection 11 (2) of the
Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 .". Subsection 5 (3):
Omit "Council", substitute "R&D authority". Honey Levy Act (No. 2) 1962
Section 3a (definition of "Council"):
Omit the definition. Section 3a:
Insert the following definitions:
" 'R&D authority' 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 - the
Honey Research Council established under subsection 11 (2) of the
Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 .". Subsection 5 (3):
Omit "Council", substitute "R&D authority".
Laying Chicken Levy Collection Act 1988 Section 19:
Omit "The Rural Industries Research Act 1985 has effect as if the levy imposed
by the Laying Chicken Levy Act 1988", substitute "Where the levy imposed by
the Laying Chicken Levy Act 1988 is not attached under section 5 of the
Primary Industries and Energy Research and Development Act 1989 , the
Rural Industries Research Act 1985 has effect as if the levy". Meat Chicken
Levy Act 1969 Subsection 5 (1) (definition of "Council"):
Omit the definition. Subsection 5 (1):
Insert the following definitions:
" 'R&D authority' 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 - the
Chicken Meat Research Council established under subsection 11 (1) of
the Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 .". Subsection 7 (2):
Omit "Council" (wherever occurring), substitute "R&D authority". Oilseeds Levy
Collection Act 1977 Section 9:
Add at the end the following subsection:
"(3) Subsection (2) ceases to have effect if the levy imposed under the Levy
Act is attached, under the Primary Industries and Energy Research and
Development Act 1989 , to an R&D Corporation (within the meaning of that Act)
or to an R&D Fund (within the meaning of that Act).". Pig Slaughter Levy Act
1971 Section 4 (definition of "Research Council"):
Omit the definition. Section 4:
Insert the following definitions:
" 'R&D authority' 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 - the
Pig Research Council established under subsection 11 (1) of the
Rural Industries Research Act 1985; 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 -
the R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- the R&D Council in respect of which the R&D Fund is established
under that Act;
'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Council' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;". Subsection 6 (2):
(a) Omit "Research Council", substitute "R&D authority".
(b) Omit "Council" (last occurring), substitute "authority". Poultry
Industry Assistance Act 1965 Section 3:
Insert the following definitions:
" 'R&D Corporation' has the same meaning as in the Primary Industries and
Energy Research and Development Act 1989 ;
'R&D Fund' has the same meaning as in the Primary Industries and Energy
Research and Development Act 1989 ;". Subsection 6 (2):
Omit all the words after "payment of that amount", substitute the following:
"to the Commonwealth:
(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 - for
the purposes of the Research Fund established under the Rural
Industries Research Act 1985 in respect of goods in respect of which
levy is imposed; 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 -
for payment to that R&D Corporation; or
(c) where the levy is attached to an R&D Fund under section 5 of that Act
- for the purposes of that R&D Fund.". Subsection 6 (3):
Omit "that subsection", substitute "paragraph (2) (a)". Section 6:
Add at the end the following subsections:
"(3) The Commonwealth must pay to an R&D Corporation any money received under
subsection (2) for payment to the R&D Corporation.
"(4) The Commonwealth must pay into an R&D Fund any money received under
subsection (2) for the purposes of the R&D Fund.".
Sugar Cane Levy Collection Act 1987 Section 9:
Add at the end the following subsection:
"(4) Subsections (2) and (3) cease to have effect if levy imposed under the
Levy Act is attached, under section 5 of the Primary Industries and Energy
Research and Development Act 1989 , to an R&D Corporation (within the meaning
of that Act) or to an R&D Fund (within the meaning of that Act).".
Triticale Levy Collection Act 1988 Section 10:
Add at the end the following subsection:
"(4) Subsections (2) and (3) cease to have effect if the levy referred to in
subsection (2) is attached, under section 5 of the Primary Industries and
Energy Research and Development Act 1989 , to an R&D Corporation (within the
meaning of that Act) or to an R&D Fund (within the meaning of that Act).".
Wheat Industry Fund Levy Collection Act 1988 Subsection 3 (1) (definition of
"fund"):
Insert "where the levy is not attached under section 5 of the Primary
Industries and Energy Research and Development Act 1989 - ", before "the Wheat
Research Trust Fund".
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