Agricultural and Veterinary Chemicals (Administration) Act 1992 (Australia)

Agricultural and Veterinary Chemicals (Administration) Act 1992

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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262, 1992
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1 - PRELIMINARY Section 1. Short title 2. Commencement 3. Object 4. Interpretation 5. Extension to external Territories PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF NRA 6. Establishment 7. Functions and powers 8. Consultation 9. Agreements and arrangements 10. Minister may give directions in exceptional circumstances 11. Delegation by NRA PART 3 - CONSTITUTION AND MEETINGS OF NRA 12. NRA is body corporate etc. 13. Constitution of NRA 14. Appointment of directors 15. Deputy Chairperson 16. Acting appointments 17. Term of office 18. Directors hold office on part-time basis 19. Remuneration and allowances 20. Directors may receive other benefits 21. Leave of absence 22. Resignation 23. Disclosure of interests 24. Termination of appointment 25. Terms and conditions of appointment not provided for by Act 26. Meetings of NRA 27. Resolutions without formal meetings 28. Establishment of committees 29. Meetings of committees 30. Arrangements relating to staff etc. PART 4 - CHIEF EXECUTIVE OFFICER 31. Chief Executive Officer 32. Duties 33. Appointment 34. Term of appointment 35. Remuneration and allowances 36. Chief Executive Officer may receive other benefits 37. Terms and conditions of appointment 38. Chief Executive Officer not to engage in other paid employment 39. Leave of absence for recreation 40. Leave of absence for other purposes 41. Resignation 42. Disclosure of interests 43. Acting Chief Executive Officer 44. Delegation by the Chief Executive Officer PART 5 - EMPLOYEES AND CONSULTANTS 45. Employees 46. Staff to be made available to the NRA 47. Consultants 48. Human resources development program 49. Merit principle to apply PART 6 - CORPORATE AND ANNUAL OPERATIONAL PLANS 50. Development of corporate plan 51. Approval of corporate plan 52. Variation of corporate plan by NRA 53. Variation at request of Minister 54. Date of effect of variations 55. Development of annual operational plan 56. Approval of annual operational plan 57. Variation of annual operational plan PART 7 - FINANCE 58. Appropriation of money 59. When payments to be made to NRA 60. Money of NRA 61. Estimates 62. Expenditure of money of the NRA 63. Borrowing of money 64. Guarantee of borrowings 65. Borrowing not otherwise permitted 66. NRA may give security 67. Exemption from tax 68. Annual report of NRA
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69. Trust money PART 8 - MISCELLANEOUS 70. Acts done by NRA 71. Delegation by Minister 72. Delegation by Treasurer 73. Regulations PART 9 - TRANSITIONAL PROVISIONS 74. Staff 75. Transfers of certain assets to NRA 76. Agreements etc. - Minister may make arrangements 77. Estimates 78. Money paid in advance to Commonwealth 79. Rights in respect of services and facilities formerly provided by Department 80. Delegations 81. Annual report and financial statements AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - LONG TITLE
An Act to establish a National Registration Authority for Agricultural and Veterinary Chemicals, and for related purposes AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - PART 1 PART 1 - PRELIMINARY
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 1 Short title
(Assented to 24 December 1992) 1. This Act may be cited as the Agricultural and Veterinary Chemicals (Administration) Act 1992. (Minister's second reading speech made in- House of Representatives on 3 November 1992 Senate on 10 November 1992) AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 2 Commencement
2.(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 3 Object
3. The object of this Act is to establish a National Registration Authority to administer such laws of the Commonwealth or of the States and Territories relating to agricultural and veterinary chemical products as confer functions and powers on the Authority. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 4 Interpretation
4. In this Act, unless the contrary intention appears: "certificate of clearance" has the same meaning as in the Agricultural and Veterinary Chemicals Act 1988; "Chairperson" means the Chairperson of the NRA; "chemical product" has the same meaning as in the Agricultural and Veterinary Chemicals Act 1988; "committee" means a committee established under section 28; "Deputy Chairperson" means the Deputy Chairperson of the NRA; "director" means a director of the NRA and includes the Chairperson; "industry" means the agricultural and veterinary chemicals industry; "member of the staff", in relation to the NRA, means: (a) a person employed by the NRA under section 45; or (b) a person whose services are made available to the NRA under paragraph 46(1)(a) or under arrangements made under subsection 46(2); "NRA" means the National Registration Authority for Agricultural and Veterinary Chemicals established by section 6; "State" includes the Australian Capital Territory or the Northern Territory of Australia; "Territory" means a Territory other than the Australian Capital Territory and the Northern Territory. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 5 Extension to external Territories
5. This Act extends to every external Territory to which the Agricultural and Veterinary Chemicals Act 1988 applies. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - PART 2 PART 2 - ESTABLISHMENT, FUNCTIONS AND POWERS OF NRA
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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 6 Establishment
6. A National Registration Authority for Agricultural and Veterinary Chemicals is established. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 7 Functions and powers
7.(1) The NRA has such functions and powers as are conferred on it by or under this Act or the Agricultural and Veterinary Chemicals Act 1988. (2) The NRA has any functions and powers that are expressed to be conferred on it by a law of a State.
(3) The NRA has power to do all things necessary or convenient to be done in connection with the performance of its functions and, in particular, may: (a) enter into contracts; and (b) acquire, hold and dispose of real and personal property; and (c) occupy, use and control any land or building owned or held under lease by the Commonwealth, a State or a Territory and made available for the purposes of the NRA; and (d) appoint agents and attorneys, and act as agent for other persons; and (e) do anything incidental to any of its powers. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 8 Consultation
8.(1) The NRA, for the purpose of considering any matter, or obtaining information or advice, relating to the performance of its functions, may consult with persons, bodies or Governments, including: (a) persons or bodies involved in the industry; and (b) the Commonwealth Government or State Governments or Commonwealth or State authorities having functions relating to agricultural or veterinary chemicals; and (c) persons (including members of the scientific community) having a particular interest in matters associated with the industry; and (d) persons or bodies having a particular interest in the protection of the interests of consumers or in the protection of the environment. (2) The NRA may: (a) pay travel expenses reasonably incurred by a person in connection with consultations by the NRA; and (b) subject to written guidelines given to the NRA by the Minister, pay expenses (other than travel expenses) reasonably incurred by a body or person in connection with consultations by the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 9 Agreements and arrangements
9.(1) The Minister, or a person authorised in writing by the Minister, may enter into an agreement or arrangement with a Minister of a State for the performance of functions or the exercise of powers by the NRA as an agent of the State. (2) The NRA has such functions and powers as are referred to in such an agreement or arrangement. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 10 Minister may give directions in exceptional circumstances
10.(1) Subject to subsection (2), the Minister may give written directions to the NRA concerning the performance of its functions or the exercise of its powers, and the NRA must comply with any such direction.
(2) The Minister must not give a direction to the NRA unless: (a) the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction to the NRA in order to ensure that the performance of the functions, or the exercise of the powers, of the NRA does not conflict with major Government policies; and (b) the Minister has given to the NRA a written notice stating that the Minister is considering giving the direction; and (c) the Minister has given to the Chairperson an adequate opportunity to discuss with the Minister the need for the proposed direction. (3) Subject to subsection (4), if the Minister gives a direction to the NRA, the Minister must: (a) cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and (b) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette. (4) Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because it would, or would be likely to, be prejudicial to the national interest of Australia. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 11 Delegation by NRA
11.(1) The NRA may, by writing under its common seal, delegate to:
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(a) a director; or (b) a committee; or (c) a member of the staff of the NRA; or (d) an authority of the Commonwealth; or (e) an officer of, or person employed in, a Department of the Australian Public Service; all or any of the NRA's powers and functions. (2) A delegate of the NRA is, in the exercise of the delegate's delegated powers and functions, subject to the NRA's directions. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 NO. 262 OF 1992 - PART 3 PART 3-CONSTITUTION AND MEETINGS OF NRA
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 12 NRA is body corporate etc.
12.(1) The NRA: (a) is a body corporate with perpetual succession; and (b) is to have a common seal; and (c) may sue and be sued in its corporate name. (2) The common seal of the NRA must be kept in such custody as the NRA directs and must not be used except as authorised by the NRA.
(3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the common seal of the NRA appearing on a document and must presume that it was duly affixed. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 13 Constitution of NRA
13.(1) The NRA consists of a Chairperson and 7 other directors.
(2) The performance of a function or the exercise of a power of the NRA is not affected by a vacancy or vacancies in the membership of the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 14 Appointment of directors
14.(1) The directors are to be appointed by the Minister.
(2) In making appointments of directors other than the Chairperson, the Minister is to ensure that: (a) 2 directors have experience in the regulation of chemical products under the law of a State or Territory; and (b) 2 directors have experience in the industry; and (c) one director has experience in the protection of the interests of consumers; and (d) one director has experience in primary production; and (e) one director has experience in occupational health and safety as an officer or employee of an organisation of employees. (3) The appointment of a person as a director is not invalid because of a defect or irregularity in connection with the person's appointment. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 15 Deputy Chairperson
15.(1) The Minister may appoint a director to be the Deputy Chairperson of the NRA.
(2) Before appointing a person to be the Deputy Chairperson, the Minister must consult with the Chairperson.
(3) The Minister may at any time terminate an appointment made under subsection (1).
(4) A person appointed as Deputy Chairperson ceases to hold that office if the person ceases to be a director.
(5) A person appointed as Deputy Chairperson may resign as Deputy Chairperson by giving to the Minister a signed notice of resignation.
(6) During any period when: (a) the office of Chairperson is vacant (whether or not an appointment has previously been made to that office); or (b) the Chairperson is absent from Australia or is, for any reason, unable to perform the duties of that office; the Deputy Chairperson is to act as Chairperson. (7) The Deputy Chairperson has, when acting as Chairperson, all the powers, duties and rights of the Chairperson.
(8) Anything done by or in relation to a person purporting to act as Chairperson under subsection (6) is not invalid merely because: (a) there was a defect or irregularity in connection with the appointment of the person as Deputy Chairperson; or (b) the person's appointment as Deputy Chairperson had ceased to have effect; or (c) the occasion for the person to act as Chairperson had not arisen or had ceased. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 16 Acting appointments
16.(1) The Minister may appoint a director to act as the Deputy Chairperson:
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(a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson. (2) A director has, when acting as Deputy Chairperson, all the powers, duties and rights of the Deputy Chairperson including those mentioned in subsections 15(6) and (7).
(3) The Minister may appoint a person to act as a director: (a) during a vacancy in the office of that director, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when that director is absent from Australia or is, for any reason, unable to perform the duties of the office. (4) A person has, when acting as a director, all the powers, duties and rights of a director.
(5) The Minister may at any time terminate an appointment made under subsection (1) or (3).
(6) A person appointed to act as Deputy Chairperson ceases to hold the appointment if the person ceases to be a director.
(7) A person appointed to act as Deputy Chairperson or as a director may resign the appointment by giving to the Minister a signed notice of resignation.
(8) Anything done by or in relation to a person purporting to act as the Deputy Chairperson, or as a director other than the Deputy Chairperson, is not invalid merely because: (a) there was a defect or irregularity in connection with the person's appointment; or (b) the person's appointment had ceased to have effect; or (c) the occasion for the person to act had not arisen or had ceased. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 17 Term of office
17. A director holds office, subject to this Part, for such period not exceeding 3 years as is specified in the instrument of his or her appointment, but is eligible for re-appointment. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 18 Directors hold office on part-time basis
18. The directors hold office on a part-time basis. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 19 Remuneration and allowances
19.(1) A director or a member of a committee is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, the director or member is to be paid such remuneration as is prescribed. (2) A director or a member of a committee is to be paid such allowances as are prescribed.
(3) If a person who is a director or a member of a committee: (a) is a member of the Parliament of a State; or (b) is a candidate for election to the Parliament of a State and, under the law of the State, would not be eligible to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act; or (c) is in service or employment of a State, or of an authority of a State, on a full-time basis; or (d) holds or performs the duties of an office or position established by or under a law of a State on a full-time basis; the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act. (4) This section has effect subject to the Remuneration Tribunal Act 1973.
(5) In this section: "Parliament": (a) in relation to the Australian Capital Territory - means the Legislative Assembly for the Australian Capital Territory; or (b) in relation to the Northern Territory - means the Legislative Assembly of the Northern Territory. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 20 Directors may receive other benefits
20.(1) In addition to remuneration and allowances under section 19, a director is to be provided with such other benefits (if any) as the Minister determines. (2) A determination under subsection (1): (a) must be made by writing; and (b) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (3) The benefits in respect of which the Minister may make a determination
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under subsection (1) are such benefits as the Minister considers are necessary or desirable to assist a director in, or place a director in a position that may facilitate, the performance of his or her functions. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 21 Leave of absence
21.(1) The Minister may grant leave of absence to the Chairperson on such terms and conditions as the Minister considers appropriate. (2) The Chairperson may grant leave of absence to another director on such terms and conditions as the Chairperson considers appropriate. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 22 Resignation
22. A director may resign by giving to the Minister a signed notice of resignation. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 23 Disclosure of interests
23.(1) A director who has a direct or indirect financial interest in a matter being considered or about to be considered at a meeting of the NRA must, as soon as possible after the director becomes aware of the relevant facts, disclose the nature of the interest at a meeting of the NRA.
(2) The disclosure must be recorded in the minutes of the meeting and the director must not, unless the NRA or the Minister otherwise determines: (a) be present during any consideration of the matter by the NRA; or (b) take part in any decision of the NRA with respect to the matter. (3) For the purpose of the making by the NRA of such a determination in relation to the director who has made the disclosure, any director who has a direct or indirect financial interest in the matter to which the disclosure relates must not: (a) be present during any consideration of the matter by the NRA for the purpose of making the determination; or (b) take part in the making by the NRA of the determination. (4) A director who has a direct or indirect financial interest in a matter being considered or about to be considered by the NRA in accordance with section 27 must, as soon as practicable after the director becomes aware of the relevant facts, disclose the nature of that interest to the Minister.
(5) A director who is required to make a disclosure under subsection (4) in respect of a matter must not, unless the Minister otherwise determines, participate in a resolution with respect to that matter in accordance with section 27. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 24 Termination of appointment
24.(1) The Minister may terminate the appointment of a director for: (a) misbehaviour or physical or mental incapacity; or (b) inefficiency or incompetence. (2) If a director: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (b) without reasonable excuse, contravenes section 23; or (c) being the Chairperson, is absent, except with the leave of the Minister, from 3 consecutive meetings of the NRA; or (d) being a director other than the Chairperson, is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the NRA; the Minister may terminate the appointment of the director. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 25 Terms and conditions of appointment not provided for by Act
25. A director holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 26 Meetings of NRA
26.(1) Subject to subsection (2), meetings of the NRA are to be held at such times and places as the NRA from time to time determines. (2) The Chairperson may at any time convene a meeting.
(3) The Chairperson is to preside at any meeting at which he or she is present.
(4) If the Chairperson and Deputy Chairperson are not present at a meeting, the directors present are to appoint one of their number to preside at the meeting.
(5) At a meeting: (a) at least two-thirds of the number of directors form a quorum; and (b) a question is to be decided by a majority of the votes of the directors present and voting; and (c) the director presiding has a deliberative vote and, if the votes cast in favour and against a motion are equal, also has a casting vote.
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(6) The NRA must keep minutes of its proceedings.
(7) The NRA may invite a person to attend a meeting for the purpose of advising or informing it on any matter and may pay expenses incurred by the person in attending the meeting.
(8) Subject to this section, the procedure at or in relation to a meeting is to be as determined by the NRA.
(9) Without limiting subsection (8), the NRA may permit directors to participate in a particular meeting, or all meetings, by: (a) telephone; or (b) closed-circuit television; or (c) any other means of communication. (10) A director who is permitted to participate in a meeting under subsection (9) is taken to be present at that meeting. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 27 Resolutions without formal meetings
27. If the NRA so determines, a resolution is taken to have been passed at a meeting of the NRA if, without a meeting, at least two-thirds of the number of the directors indicate agreement with the resolution in accordance with a method determined by the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 28 Establishment of committees
28.(1) The NRA may establish committees to assist it in the performance of its functions and the exercise of its powers, and may abolish any such committee.
(2) A committee is to consist of such persons (whether directors or not) as the NRA determines. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 29 Meetings of committees
29.(1) The NRA may determine: (a) the manner in which a committee is to perform its functions; and (b) the procedure to be followed at or in relation to the meetings of a committee, including matters with respect to: (i) the convening of meetings; and (ii) the number of members of the committee who are to form a quorum; and (iii) the selection of a member of the committee to be the Chairperson of the committee; and (iv) the manner in which questions arising at a meeting are to be decided. (2) If a member of a committee has a direct or indirect financial interest in a matter being considered, or about to be considered, by the committee, the member must, as soon as practicable after the member becomes aware of the relevant facts, disclose the nature of the interest at a meeting of the committee.
(3) A disclosure under subsection (2) must be recorded in the minutes of the meeting and the member must not, unless the NRA otherwise determines: (a) be present during any deliberation of the committee with respect to that matter; or (b) take part in any decision of the committee with respect to that matter. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 30 Arrangements relating to staff etc.
30. The Chairperson of a committee is to arrange with the Chairperson of the NRA for the services of employees of, and consultants to, the NRA, and for facilities of the NRA, to be made available to the committee. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - PART 4 PART 4 - CHIEF EXECUTIVE OFFICER
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 31 Chief Executive Officer
31. There is to be a Chief Executive Officer of the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 32 Duties
32.(1) The Chief Executive Officer is to manage the affairs of the NRA. (2) The Chief Executive Officer must act in accordance with any policies determined by, and any directions given by, the NRA.
(3) All acts and things done in the name of, or on behalf of, the NRA by the Chief Executive Officer are taken to have been done by the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 33 Appointment
33.(1) The Chief Executive Officer is to be appointed by the NRA by writing under its common seal.
(2) A director is not eligible for appointment as the Chief Executive Officer.
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(3) The appointment of a person as Chief Executive Officer is not invalid because of a defect or irregularity in connection with the person's appointment. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 34 Term of appointment
34. The Chief Executive Officer holds office for such period not exceeding 5 years as is agreed in writing between the NRA and the Chief Executive Officer, but is eligible for re-appointment. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 35 Remuneration and allowances
35.(1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the NRA.
(2) The Chief Executive Officer is to be paid such allowances as are determined in writing by the NRA.
(3) A determination by the NRA does not have effect unless it has been approved by the Minister.
(4) This section has effect subject to the Remuneration Tribunal Act 1973. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 36 Chief Executive Officer may receive other benefits
36.(1) In addition to remuneration and allowances under section 35, the Chief Executive Officer is to be provided with such other benefits (if any) as the NRA determines in writing.
(2) A determination does not have effect unless it has been approved by the Minister.
(3) The benefits in respect of which the NRA may make a determination under subsection (1) are such benefits (including benefits by way of financial or other assistance in connection with housing, transport, insurance, long service leave and superannuation) as the NRA considers are necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 37 Terms and conditions of appointment
37. The Chief Executive Officer holds office on such terms and conditions in relation to matters not provided for by this Act as are determined by the NRA with the written approval of the Minister. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 38 Chief Executive Officer not to engage in other paid employment
38. The Chief Executive Officer must not engage in paid employment outside the duties of his or her office except with the approval of the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 39 Leave of absence for recreation
39. Subject to section 87E of the Public Service Act 1922, the Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 40 Leave of absence for other purposes
40. The Chairperson may grant to the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the NRA determines with the written approval of the Minister. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 41 Resignation
41. The Chief Executive Officer may resign by giving to the Chairperson a signed notice of resignation. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 42 Disclosure of interests
42. The Chief Executive Officer must give written notice to the Chairperson of all direct or indirect financial interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on any business. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 43 Acting Chief Executive Officer
43.(1) The NRA may appoint a person to act as Chief Executive Officer: (a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason,
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unable to perform the duties of the office of Chief Executive Officer; but a person appointed to act during a vacancy must not continue so to act for more than 12 months. (2) The NRA may terminate an appointment under this section.
(3) A person appointed under this section may resign the appointment by giving to the Chairperson a signed notice of resignation.
(4) Unless the contrary intention appears, a reference in this Act other than this section, to the Chief Executive Officer is taken, if a person is acting as Chief Executive Officer, to be a reference to the person so acting.
(5) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid merely because: (a) the occasion for the person's appointment had not arisen; or (b) there is a defect or irregularity in connection which the person's appointment; or (c) the person's appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 44 Delegation by the Chief Executive Officer
44. The Chief Executive Officer may, by signed writing, delegate to a member of the staff of the NRA all or any of the powers and functions of the Chief Executive Officer under this Act. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - PART 5 PART 5 - EMPLOYEES AND CONSULTANTS
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 45 Employees
45.(1) The NRA may engage such employees as it considers necessary for the performance of its functions and the exercise of its powers. (2) The terms and conditions of employment are to be determined by the NRA.
(3) A person must not be employed by the NRA on terms and conditions more favourable than those applying to the Chief Executive Officer. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 46 Staff to be made available to the NRA
46.(1) The NRA is to be assisted by: (a) officers and employees of Departments of the Australian Public Service, and of authorities of the Commonwealth, whose services are made available to the NRA in connection with the performance or exercise of any of its functions or powers; and (b) persons whose services are so made available under arrangements made under subsection (2). (2) The NRA may make with the appropriate authority or officer of a State or Territory an arrangement under which the State or Territory may make officers or employees available to the NRA to perform services in connection with the performance or exercise of any of its functions or powers.
(3) In the performance of services for the NRA under this section, a person is subject to the directions of the Chief Executive Officer. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 47 Consultants
47.(1) The NRA may engage persons having suitable qualifications and experience as consultants to the NRA.
(2) The terms and conditions of engagement are to be determined by the NRA. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 48 Human resources development program
48.(1) The NRA must develop and implement a human resources development program (including an equal employment opportunity program) for the NRA.
(2) The NRA must take whatever action is necessary to give effect to the human resources development program, and any person who exercises powers in relation to employment matters in the NRA must have regard to the program in exercising those powers. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 49 Merit principle to apply
49. Nothing in this Act requires or permits anyone to do anything incompatible with the principle that employment matters should be dealt with on the basis of merit. AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - PART 6 PART 6 - CORPORATE AND ANNUAL OPERATIONAL PLANS
AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 No. 262 of 1992 - SECT 50 Development of corporate plan
50.(1) The NRA must give to the Minister a corporate plan before 1 May 1993 and before 1 May, or such later day as the Minister in a particular year allows, in each later calendar year.
(2) In preparing a corporate plan, the NRA may consult any person or body
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considered by the NRA to be appropriate. (3) A corporate plan is to relate to a period beginning on the following 1 July and extending for 3, 4 or 5 years, as the NRA chooses.
(4) A corporate plan must: (a) define what the NRA considers should be its principal goals during the period to which the plan relates; and (b) give a broad outline of the strategies that the NRA considers should be pursued during that period for achieving those goals; and (c) set out the NRA's assessment of the factors that will affect its operations during the period of the plan in performing its functions; and (d) include such performance indicators as the NRA considers appropriate against which its performance can be assessed during the period of the plan; and (e) include the human resources development program developed under section 48.