AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12, 1985
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARYSection 1. Short title 2. Commencement 3. Interpretation PART II-ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF CORPORATION 4. Establishment 5. Objects 6. Functions 7. Powers 8. Agreements relating to meat and live-stock research and development, &c. 9. Corporation may participate in joint ventures 10. Corporation may consult industry representatives PART III-CONSTITUTION AND MEETINGS OF CORPORATION 11. Nature of Corporation 12. Constitution 13. Term of office of certain members 14. Acting Chairperson 15. Leave of absence of certain members 16. Resignation of certain members 17. Termination of appointment of certain members 18. Disclosure of interests 19. Meetings 20. Committees PART IV-ANNUAL GENERAL MEETING OF THE INDUSTRY 21. Interpretation 22. Corporation to convene annual general meeting 23. Persons proposing to move certain motions to inform the Corporation 24. Corporation to give notice of meeting and motions 25. Proxies 26. Conduct of meetings 27. Voting at annual general meetings 28. Motions of no confidence 29. Policy Council to receive copy of resolutions PART V-DEVELOPMENT OF RESEARCH AND DEVELOPMENT PLANS Division 1-Research and Development Plans 30. Corporation to develop research and development plans 31. Approval of research and development plans 32. Variation of research and development plans by Corporation 33. Variation of research and development plans at request of Minister 34. Date of commencement of research and development plans as varied Division 2-Annual Operational Plans 35. Corporation to develop annual operational plans 36. Approval of annual operational plans PART VI-STAFF Division 1-The Executive Director 37. Executive Director 38. Acting Executive Director 39. Duties of Executive Director 40. Effect of motion of no confidence on Executive Director Division 2-Other Staff and Consultants 41. Other staff and consultants PART VII-FINANCE 42. Payments to Corporation 43. Raising of money by Corporation 44. Application of money of Corporation 45. Liability to taxation 46. Application to Corporation of Division 2 of Part XI of the Audit Act 1901 PART VIII-MISCELLANEOUS 47. Minister may cause certain properties to be transferred to Corporation 48. Remuneration and allowances 49. Delegation 50. Matters to be included in annual report 51. Regulations SCHEDULE PROPERTIES TO WHICH SECTION 47 RELATES AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - LONG TITLE
An Act to establish an Australian Meat and Live-stock Research and Development Corporation, and for related purposes
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AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - PART I PART I-PRELIMINARY
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 1 Short title
(Assented to 7 May 1985) 1. This Act may be cited as the Australian Meat and Live-stock Research and Development Corporation Act 1985. (Minister's second reading speech made in- House of Representatives on 20 March 1985; Senate on 16 April 1985) AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 2 Commencement
2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 3 Interpretation
3. (1) In this Act, unless the contrary intention appears- "acting Chairperson" means the member appointed to act as Chairperson under sub-section 14 (1); "annual general meeting" means a meeting that the Corporation is required to convene under section 22; "annual operational plan" means a plan required to be developed by the Corporation in accordance with section 35; "appoint" includes re-appoint; "Australian Meat and Live-stock Corporation" means the corporation of that name established by section 6 of the Australian Meat and Live-stock Corporation Act 1977; "Australian Meat and Live-stock Industry Policy Council" means the council of that name established by section 4 of the Australian Meat and Live-stock Industry Policy Council Act 1984; "Australian Meat and Live-stock Industry Selection Committee" means the committee of that name established by section 4 of the Australian Meat and Live-stock Industry Selection Committee Act 1984; "cattle" means bovine animals other than buffaloes; "Chairperson" means the Chairperson of the Corporation; "Corporation" means the Australian Meat and Live-stock Research and Development Corporation established by section 4; "edible offal" means any edible portion, other than the flesh, of live-stock; "Executive Director" means the Executive Director of the Corporation; "government member" means the person appointed under section 12 or 28 to be the government member of the Corporation; "live-stock" means cattle, buffaloes, sheep, lambs, goats or any other class of animals that is from time to time prescribed for the purposes of this definition; "meat" means the flesh, whether fresh or preserved, of live-stock and includes meat by-products, meat products and edible offal; "meat and live-stock industry" means the Australian meat and live-stock industry; "meat by-product" includes a hide, tallow and meat meal; "meat product" means food prepared from or containing meat, and includes canned meat; "meat and live-stock research and development" means systematic experimentation or analysis in any field of science, technology or economics carried out with the object of- (a) acquiring knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of meat or live-stock; or (b) applying knowledge for the purpose referred to in paragraph (a); "meat and live-stock research and development activity" means- (a) a meat and live-stock research and development project; (b) the training of persons to carry out meat and live-stock research and development; (c) the dissemination of information, or the provision of advice and assistance, to members of the meat and live-stock industry for the purpose of encouraging those members to follow practices, or to adopt technological developments, that have been designed or adapted to improve the operation or efficiency of the part of the industry in which they are engaged; (d) the publication of reports, periodicals, books or papers containing information related to any aspect of meat and live-stock research and development; or (e) any activity incidental to an activity referred to in paragraph (a), (b), (c) or (d); "meat and live-stock research and development project" means a project for
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meat and live-stock research and development; "member" means a member of the Corporation; "research and development plan" means a plan required to be developed by the Corporation in accordance with section 30. (2) For the purposes of this Act- (a) where the Chairperson or the acting Chairperson is a man, he may be referred to as the Chairman or the acting Chairman, as the case may be; and (b) where the Chairperson or acting Chairperson is a woman, she may be referred to as the Chairwoman or the acting Chairwoman, as the case may be. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - PART II PART II-ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF CORPORATION
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 4 Establishment
4. There is established by this Act a corporation by the name of the Australian Meat and Live-stock Research and Development Corporation. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 5 Objects
5. The objects of the establishment of the Corporation are- (a) to improve the productivity and market performance of the meat and live-stock industry by- (i) identifying more precisely areas of meat and live-stock research and development that are relevant to the needs of that industry; (ii) improving the efficiency and effectiveness of meat and live-stock research and development; and (iii) encouraging the more effective use of the resources and skills of the community in general and the scientific community in particular in meat and live-stock research and development; and (b) to improve accountability for expenditure upon meat and live-stock research and development activities. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 6 Functions
6. The functions of the Corporation are- (a) to investigate and evaluate the needs of the meat and live-stock industry for meat and live-stock research and development and, on the basis of that investigation and evaluation, to develop research and development plans; (b) to develop, for each year of a period covered by a research and development plan, an annual operational plan; (c) to co-ordinate and fund meat and live-stock research and development activities that have been specified in an annual operational plan; (d) to monitor, and report to the Parliament and to the meat and live-stock industry on, the research and development activities funded by the Corporation; (e) to make recommendations to the Minister with respect to the amounts to be prescribed from time to time for the purposes of- (i) paragraph 6 (1) (b), 6A (1) (b), 6B (1) (b), 6C (1) (b), 6D (1) (b), 6E (1) (b) or 6F (1) (b) of the Live-stock Slaughter Levy Act 1964; and (ii) paragraph 7 (1) (b), 8 (1) (b), 9 (1) (b), 10 (1) (b) and 11 (1) (b) of the Live-stock Export Charge Act 1977; and (f) such other functions in connection with the meat and live-stock industry as are conferred on the Corporation by this Act or the regulations. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 7 Powers
7. (1) Subject to this Act, the Corporation has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting the generality of sub-section (1), the powers of the Corporation referred to in that sub-section include the power- (a) to make applications, including joint applications, for patents; and (b) to deal with patents vested in the Corporation. (3) Except with the approval of the Minister, the Corporation shall not enter into a contract or agreement in connection with the purchase of real or personal property for an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount. (4) To the extent that it is practicable to do so, the Corporation shall endeavour to ensure that the exercise at any time of the powers conferred on it by this Act is consistent with, and designed to give effect to, the provisions of any research and development plan and of any annual operational plan in force at that time.
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985
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No. 12 of 1985 - SECT 8 Agreements relating to meat and live-stock research and development, &c.
8. (1) Without limiting the generality of sub-section 7 (1), the Corporation may enter into an agreement with another person, an authority or an organization for the purposes of, or for purposes in connection with, the funding by the Corporation of a meat and live-stock research and development activity that has been specified by the Corporation in the annual operational plan that is in force at the time when the agreement is entered into.
(2) Without limiting the generality of sub-section (1), an agreement made by the Corporation with a person, authority or organization under that sub-section in relation to money that is to be provided by the Corporation may- (a) provide for- (i) the money provided under the agreement, and any property acquired with that money or with money that includes that money, to be used only for the purposes specified in the agreement; and (ii) the payment by the person, authority or organization to the Corporation of an amount equal to the whole, or such part as the Corporation determines, of the money provided under the agreement if any of the money provided under the agreement or any of the property referred to in sub-paragraph (i) is used for a purpose not specified in the agreement; (b) provide for the payment by the person, authority or organization to the Corporation for the purposes of the Corporation, of an amount equal to the whole, or such part as the Corporation determines, of any net income derived by the person, authority or organization from- (i) property acquired with money provided under the agreement or with money that includes that money; or (ii) interests in, rights to apply for patents in respect of, or patents for, inventions made, or any other property acquired, in the course of carrying out a meat and live-stock research and development activity to which the agreement relates or doing any other act or thing with that money or with money that includes that money; (c) provide for the assignment by the person, authority or organization to the Corporation of any property referred to in sub-paragraph (b) (i), of any interests, rights, patents or other property referred to in sub-paragraph (b) (ii); and (d) provide for the payment by the person, authority or organization to the Corporation for the purposes of the Corporation in the event of the disposal, otherwise than to the Corporation, of any property of a kind referred to in paragraph (b), of an amount equal to the whole, or such part as the Corporation determines- (i) in the case of a disposal by way of sale or assignment for value-of the net proceeds of the sale or assignment; and (ii) in any other case-of the value of the property as determined by the Corporation. (3) For the purposes of this section, a meat and live-stock research and development activity shall be taken to have been specified by the Corporation in an annual operational plan if that activity is included within a class of meat and live-stock research and development activities that are described in that plan as activities of the kind that the Corporation is prepared to fund. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 9 Corporation may participate in joint ventures
9. (1) Without limiting the generality of sub-section 7 (1), the Corporation may enter into an agreement with another person, an authority or an organization to undertake a joint venture.
(2) A joint venture referred to in sub-section (1) shall be undertaken for a purpose that is, or for purposes that are, consistent with the objectives of the Corporation set out in the research and development plan in force at the time when the agreement to undertake the joint venture is entered into.
(3) Without limiting the generality of the matters that may be dealt with in an agreement entered into in respect of a joint venture, such an agreement shall specify- (a) the objectives of the joint venture; (b) the expected duration of the joint venture; (c) the nature and extent of the contribution to be made by the Corporation towards the joint venture; and (d) the basis for the distribution of profits or other benefits derived from the joint venture. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 10 Corporation may consult industry representatives
10. (1) Without limiting the generality of sub-section 7 (1), the Corporation may, for the purpose of considering any matter relating to the performance of its functions, make arrangements for consulting persons and bodies representative of different sectors of the industry. (2) An arrangement entered into by the Corporation under sub-section (1) in relation to consultations by the Corporation with a person or body may include
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an agreement by the Corporation to meet the costs and expenses reasonably incurred by that person or body in connection with those consultations. AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - PART III PART III-CONSTITUTION AND MEETINGS OF CORPORATION>
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 11 Nature of Corporation
11. (1) The Corporation- (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. (2) The seal of the Corporation shall be kept in such custody as the Corporation directs and shall not be used except as authorized by the Corporation. (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Corporation appearing on a document and shall presume that the document was duly sealed.
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 12 Constitution
12. (1) The Corporation shall consist of 11 members, namely- (a) a Chairperson; (b) a government member; (c) the Executive Director; and (d) 8 other members. (2) The members, other than the Executive Director, shall be appointed by the Minister.
(3) Members appointed by the Minister shall hold office as part-time members.
(4) The Minister shall not appoint a person to be the government member unless the Minister is satisfied that the person has a knowledge of, and experience in, the formulation of government policy and in public administration.
(5) The members referred to in paragraph (1) (d) shall be appointed from persons nominated by the Australian Meat and Live-stock Industry Selection Committee in accordance with section 10C of the Australian Meat and Live-stock Industry Selection Committee Act 1984.
(6) A person who has attained the age of 65 years shall not be appointed as a member and a person shall not be appointed as a member for a period that extends beyond the day on which the person will attain the age of 65 years.
(7) The performance of the functions or the exercise of the powers of the Corporation is not affected by reason only of there being a vacancy or vacancies in the membership of the Corporation.
AUSTRALIAN MEAT AND LIVE-STOCK RESEARCH AND DEVELOPMENT CORPORATION ACT 1985 No. 12 of 1985 - SECT 13