Commonwealth Consolidated Acts

PRIMARY INDUSTRIES RESEARCH AND DEVELOPMENT ACT 1989

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Definitions  
   5.      Levies attached to R&D Corporations  
   5A.     Separately levied fisheries  
   6.      Redirecting levies  
   7.      Representative organisations  

   PART 2--RESEARCH--AND DEVELOPMENT CORPORATIONS

           Division 1--Establishment, functions and powers of Research and Development Corporations

   8.      Establishment of Research and Development Corporations  
   9.      Establishment of the Rural Industries Research and Development Corporation  
   10.     R&D Corporation is body corporate etc.  
   11.     Functions  
   12.     Powers  
   13.     Agreements for carrying out R&D activities and marketing activities by other persons  
   14.     Agreements for carrying out R&D activities and marketing activities with other persons  
   15.     Consultations with persons and organisations  

           Division 2--Constitution of Research and Development Corporations

   16.     Constitution  
   17.     Appointment of directors  
   18.     Members of executive of representative organisation not eligible for appointment etc.  

           Division 3--R&D plans and annual operational plans

   19.     R&D plans  
   20.     Approval of R&D plans  
   21.     Variation of R&D plans  
   22.     Approval for varied R&D plans to run for 4 years from next 1 July  
   23.     When variations of R&D plans take effect  
   24.     Consultation  
   25.     Annual operational plans  
   26.     Commencement of annual operational plan etc.  
   27.     Compliance with R&D plans and annual operational plans  
   27A.    Application of the Public Governance, Performance and Accountability Act 2013  

           Division 4--Accountability

   28.     Annual report  
   29.     Accountability to representative organisations  

           Division 5--Finance

   30.     Payments to R&D Corporation--general  
   30A.    Fishing industry payments other than separately levied fishery payments  
   30B.    Separately levied fishery payments  
   31.     Government matching payments not to exceed levy and certain other payments  
   32.     Retention limit for Commonwealth's matching payments  
   33.     Expenditure of money of R&D Corporations  
   33A.    R&D money must not be spent on marketing  
   33B.    State and Territory fisheries R&D money  
   33C.    Separately levied fisheries money  
   34.     Commonwealth to be paid levy expenses from R&D Corporations  
   35.     Commonwealth to be reimbursed for refunds of levy  
   36.     Transfers of money where levies redirected  
   37.     Payment of amounts of levy where levies redirected  
   38.     Payment of matching contributions where levies redirected  
   39.     Treatment of amounts received, after levies redirected, as a result of earlier expenditure  
   40.     Separate accounting records  
   41.     Borrowing from Commonwealth  
   42.     Borrowing from persons other than the Commonwealth  
   43.     Guarantee of borrowing  
   44.     Borrowing not otherwise permitted  
   45.     R&D Corporations may give security  
   46.     Liability to taxation  
   46A.    Delegation by Finance Minister  

           Division 6--Meetings of Research and Development Corporations

   47.     Times and places of meetings  
   48.     Presiding at meetings  
   49.     Quorum  
   50.     Voting at meetings  
   51.     Conduct of meetings  
   52.     Resolutions without meetings  
   53.     Minutes  
   55.     Persons may be invited to attend meetings  

           Division 7--Annual general meetings

   56.     Application of Division  
   57.     List of levy payers  
   58.     R&D Corporation to convene annual general meetings  
   59.     Notice of the convening of an annual general meeting  
   60.     Purpose of annual general meeting  
   61.     Regulations may provide for certain matters  
   62.     Conduct of annual general meetings  
   63.     Motions of no confidence  
   64.     Notification of motions passed  

           Division 8--Provisions relating to directors other than Executive Directors

   65.     Definition  
   66.     Term of office  
   67.     Directors hold office on part - time basis  
   68.     Remuneration and allowances of directors  
   69.     Terms and conditions of appointment not provided for by Act  
   70.     Outside employment  
   71.     Leave of absence  
   72.     Resignation  
   73.     Termination of appointment  
   74.     Deputy Chairperson  

           Division 9--Executive Director

   75.     Executive Director  
   76.     Duties  
   77.     Appointment  
   78.     Term of appointment etc.  
   79.     Executive Director holds office on full - time or part - time basis  
   80.     Executive Director not to engage in other paid employment  
   81.     Terms and conditions of appointment  
   82.     Leave of absence  
   83.     Resignation  
   85.     Acting Executive Director  
   86.     Exclusion of Executive Director etc. from certain deliberations  

           Division 10--Employees and consultants

   87.     Employees  
   88.     Consultants  

           Division 11--Miscellaneous

   89.     Committees  
   90.     Delegation by R&D Corporation  
   91.     Delegation by Executive Director  

   PART 4--SELECTION--COMMITTEES

           Division 1--Establishment etc. of Selection Committees

   122.    Presiding Members of Selection Committees  
   123.    Minister may request the establishment of a Selection Committee  
   124.    Establishment of Selection Committees--R&D Corporations  
   125.    Establishment of Selection Committees--predominantly Commonwealth funded R&D Corporations  
   127.    Function of Selection Committees  
   128.    Powers of Selection Committees  
   129.    Presiding Member to abolish Selection Committee  

           Division 2--The selection process

   130.    Nominations to be made by Selection Committees  
   131.    Selecting persons for nomination  
   132.    Selection Committee to make only one nomination  
   133.    Minister may request further information  
   134.    Minister may reject nomination  

           Division 3--Preliminary selection arrangements

   135.    Selection arrangements for proposed R&D Corporations  

           Division 4--Other provisions relating to Selection Committees

   138.    Applied provisions and disclosure of interest provisions  
   139.    Employees  
   140.    Consultants  
   141.    Annual reports of Selection Committees  

   PART 5--MISCELLANEOUS

   142.    Co - ordination meetings  
   143.    Minister may give directions  
   143A.   Delegations  
   144.    Transfer of assets etc. on the establishment of an R&D Corporation  
   145.    Transfer of assets etc. on cessation of an R&D Corporation  
   146.    Alteration of agreements and instruments on establishment of an R&D Corporation  
   147.    Alteration of agreements and instruments on cessation of an R&D Corporation  
   148.    Renaming of R&D Corporations  
   149.    Regulations  
   150.     Orders