Primary Industries and Energy Legislation Amendment Act (No. 2) 1991

1. This Act may be cited as the Primary Industries and Energy Legislation Amendment Act 1991.

2. This Act commences on the day on which it receives the Royal Assent.

3. In this Part, “Principal Act” means the Grape Research Levy Act 1986¹.

4. Section 4 of the Principal Act is amended:

(a) by omitting the definition of “R&D Authority”;

(b) by inserting the following definition:

“ ‘representative organisation’ means:

(a) where the levy is not attached to an R&D Corporation or R&D Fund under Primary Industries and Energy Research and Development Act 1989—an organisation in respect of which a declaration is in force under section 5d of the Rural Industries Research Act 1985 in relation to leviable goods; orsection 5 of the

(b) where the levy is attached to an R&D Corporation under Primary Industries and Energy Research and Development Act 1989—an organisation declared under section 7 of that Act to be a representative organisation in relation to the Corporation; orsection 5 of the

(c) where the levy is attached to an R&D Fund under section 5 of that Act—an organisation declared under section 7 of that Act to be a representative organisation in relation to the R&D Council in respect of which the R&D Fund is established under that Act.”.

5. Section 10 of the Principal Act is amended by omitting from subsection (2) “an R&D authority” and substituting “a representative organisation”.

PART 3—AMENDMENTS OF THE PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989

6. In this Part, “Principal Act” means the Primary Industries and Energy Research and Development Act 1989².

7. Section 20 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

“(5) Where the Minister approves an R&D plan, the Corporation is, no later than one month after the day on which it is approved by the Minister, to notify each of its representative organisations of the Minister’s approval.”.

8. Section 26 of the Principal Act is amended by omitting from subsection (9) all the words after “notify” and substituting “each of its representative organisations of the Minister’s approval”.

9. Section 29 of the Principal Act is amended by omitting sub-subparagraph (b) (iii) (b) and substituting the following sub-subparagraphs:

“(b) funds derived from transfer of assets, debts, liabilities and obligations under section 144; and

(c) funds derived from the transfer, under Rural Industries Research Act 1985; and”.section 151 of this Act, of levies attached to Research Funds under the

10. Section 101 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) Subject to subsection (3), sections 19 to 24 (inclusive) apply in relation to an R&D plan prepared by an R&D Council as if:

(a) references in those sections to an R&D Corporation were references to the R&D Council; and

(b) the reference in subsection 20 (1) to 2 months were a reference to one month.”.

11. Section 103 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

“(1) Subject to subsection (2), section 26 (other than subsection 26 (1)) applies in relation to an annual operational plan prepared by an R&D Council as if:

(a) the reference in subsection 26 (2) to the RIR&D Corporation were a reference to the R&D Council; and

(b) references in that section to an R&D Corporation were references to the R&D Council.”.

12. Section 141 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1a) A report for a financial year may, subject to agreement between the Presiding Member and the Chairperson of the R&D Corporation concerned, be included, as a discrete part, in the Corporation’s annual report for that financial year.”;

(b) by omitting from subsection (2) “The Minister” and substituting “If subsection (1a) does not apply to a report under this section, the Minister”.

13. Section 142 of the Principal Act is amended:

(a) by adding at the end of subsection (3) “and each R&D Council”;

(b) by omitting subsections (5) and (6).

No. 63, 1986, as amended. For previous amendments, see No. 140, 1989; and No. 17, 1990.

2. No. 17, 1990, as amended. For previous amendments, see No. 134, 1990.

[Minister’s second reading speech made in—

House of Representatives on 6 December 1990

Senate on 14 February 1991]