Australian Centre for International Agricultural Research Act
1982
Act No. 9 of 1982 as amended
This compilation was prepared on 8 July 2008
taking into account amendments up to Act No. 73 of 2008
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
Part II—The Australian Centre for International
Agricultural Research 3
4............ Establishment of Centre..................................................................... 3
4A......... The Chief Executive Officer............................................................... 3
5............ Functions of the CEO......................................................................... 3
5A......... Power of Minister to give directions.................................................. 4
6............ Functions of the staff of the Centre................................................... 4
Part III—Commission for International Agricultural
Research 5
Division 1—The Commission 5
7............ Establishment of Commission............................................................ 5
8............ Constitution of the Commission........................................................ 5
9............ Functions of the Commission............................................................. 5
Division 2—The Commissioners 6
10.......... Appointment of Commissioners........................................................ 6
11.......... Appointments to be part‑time........................................................... 6
12.......... Terms and conditions—general.......................................................... 6
13.......... Remuneration and allowances............................................................. 6
14.......... Acting Commissioner......................................................................... 6
15.......... Leave of absence................................................................................. 7
16.......... Resignation......................................................................................... 7
16A....... Termination of appointment.............................................................. 7
16B....... Disclosure of interests........................................................................ 8
Division 3—Meetings of the Commission 9
16C....... Times and places of meetings............................................................. 9
16D....... Notice of meetings.............................................................................. 9
16E........ Who presides at meetings................................................................... 9
16F........ Quorum............................................................................................... 9
16G....... Voting at meetings.............................................................................. 9
16H....... Conduct of meetings......................................................................... 10
Division 4—Delegation by Commission 11
16J........ Delegation by Commission............................................................... 11
Division 5—Directions by the Minister 12
16K....... Directions by the Minister............................................................... 12
Part IV—The Policy Advisory Council 13
17.......... Establishment of Council.................................................................. 13
18.......... Function of Council.......................................................................... 13
19.......... Constitution of Council.................................................................... 13
19A....... Remuneration and allowances........................................................... 14
20.......... President to keep Council informed................................................. 15
21.......... Termination of appointment............................................................ 15
22.......... Resignation....................................................................................... 15
23.......... Meetings of Council......................................................................... 15
Part V—The CEO 17
24.......... Appointment of CEO....................................................................... 17
25.......... Appointment to be full‑time............................................................ 17
26.......... Terms and conditions—general........................................................ 17
27.......... Remuneration and allowances........................................................... 17
28.......... CEO not to engage in paid employment........................................... 17
29.......... Acting CEO...................................................................................... 18
29A....... Leave of absence............................................................................... 18
29B....... Resignation....................................................................................... 18
29C....... Termination of appointment............................................................ 18
29D....... Disclosure of interests...................................................................... 19
29E........ CEO not subject to direction by the Commission on
certain matters 19
Part VI—Staff and consultants 20
30.......... Staff.................................................................................................. 20
31.......... Arrangements relating to staff.......................................................... 20
32.......... Consultants....................................................................................... 20
Part VII—Finance 21
33.......... Australian Centre for International Agricultural
Research Account. 21
34.......... Credits to the Account..................................................................... 21
35.......... Purposes of the Account.................................................................. 21
Part VIII—Miscellaneous 22
39.......... Annual report................................................................................... 22
41.......... Delegation by Minister..................................................................... 22
42.......... Regulations....................................................................................... 22
Notes 23
An Act to encourage research for the purpose of identifying, or
finding solutions to, agricultural problems of developing countries
Part I—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Australian
Centre for International Agricultural Research Act 1982.
2
Commencement [see
Note 1]
This Act shall come into operation on a
date to be fixed by Proclamation.
3
Interpretation
In this Act, unless the contrary
intention appears:
Account means the account continued in
existence by section 33.
agricultural research means scientific,
technical, economic or socio‑economic research in connection with
agriculture, and includes the publication of reports, periodicals, books and
papers in connection with any such research.
agriculture includes such uses of land as are
prescribed for the purposes of this definition.
annual report means the report referred to in
section 39.
appointed member of the Council means a
member of the Council appointed under subsection 19(2).
Centre means the Australian Centre for
International Agricultural Research.
CEO means the Chief Executive Officer of the
Centre.
Chair means the Chair of the Commission.
Commission means the Commission for
International Agricultural Research established by section 7.
Commissioner means a Commissioner of the
Commission appointed in accordance with section 10 and includes the Chair.
Council means the Policy Advisory Council.
institution includes:
(a) an organization, group or body,
whether incorporated or unincorporated; and
(b) a Department of State, or an
authority, of the Commonwealth or of a State or Territory.
international agricultural research centre
means an independent, non‑profit organisation that:
(a) is internationally funded; and
(b) carries out:
(i) research into
sustainable improvements in the productivity of agriculture, forestry and
fisheries in developing countries; and
(ii) activities related to
such research.
President means the President of the Council.
Part II—The Australian Centre for International Agricultural
Research
4
Establishment of Centre
(1) There is hereby established a Centre by
the name of the Australian Centre for International Agricultural Research.
(2) The Centre consists of:
(a) the CEO; and
(b) the staff of the Centre referred
to in section 30.
4A The
Chief Executive Officer
There is to be a Chief Executive Officer
of the Centre.
Note: Part V deals with the appointment and
terms and conditions of the CEO.
5
Functions of the CEO
(1) The functions of the CEO are:
(a) to formulate programs and policies
with respect to agricultural research for either or both of the following
purposes:
(i) identifying
agricultural problems of developing countries;
(ii) finding solutions to
agricultural problems of developing countries;
(b) to commission agricultural
research by persons or institutions (whether the research is to be conducted in
Australia or overseas) in accordance with such programs and policies; and
(c) to communicate to persons and
institutions the results of such agricultural research; and
(d) to establish and fund training
schemes related to the research programs referred to in paragraph (a); and
(e) to conduct and fund development
activities related to those research programs; and
(f) to fund international
agricultural research centres.
(2) The CEO must, in performing his or her
functions with respect to agricultural research, have regard to the need for
persons or institutions in developing countries to share in that research.
(3) Nothing in this section authorises, or
permits, the CEO to carry out research on behalf of the Commonwealth.
(4) The CEO must, in performing his or her
functions, comply with any directions given to the CEO under section 5A.
5A
Power of Minister to give directions
(1) The Minister may, by writing, give
directions to the CEO with respect to the performance of the CEO’s functions
under this Act (including in relation to the appropriate strategic direction
the CEO should take in performing his or her functions).
Note: A direction under this section is included in
the annual report: see section 39.
(2) A direction given under subsection (1)
is not a legislative instrument.
6
Functions of the staff of the Centre
The functions of the staff of the Centre
referred to in section 30 are to assist the CEO perform his or her
functions.
Part III—Commission for International Agricultural Research
Division 1—The Commission
7
Establishment of Commission
The Commission for International
Agricultural Research is established by this section.
8
Constitution of the Commission
The Commission consists of:
(a) a Chair; and
(b) 6 other Commissioners.
9
Functions of the Commission
The functions of the Commission are:
(a) to provide advice to the Minister
in relation to the formulation of programs of the kind referred to in paragraph
5(1)(a); and
(b) to provide advice to the Minister
in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and
(f); and
(c) to provide advice to the Minister
on program and funding priorities; and
(d) to provide advice to the Minister,
on the Minister’s request, on any other matter relating to this Act.
Division 2—The
Commissioners
10
Appointment of Commissioners
(1) A Commissioner is to be appointed by the
Governor‑General by written instrument.
(2) A Commissioner holds office for the
period specified in the instrument of appointment. The period must not exceed 3
years.
(3) A person cannot be appointed as a
Commissioner if the person is a member of the Council.
11
Appointments to be part‑time
A Commissioner holds office on a part‑time
basis.
12
Terms and conditions—general
A Commissioner holds office on the terms
and conditions (if any) in relation to matters not covered by this Act that are
determined by the Governor‑General.
13
Remuneration and allowances
(1) A Commissioner is to be paid the
remuneration that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation, the
Commissioner is to be paid the remuneration that is prescribed by the
regulations.
(2) A Commissioner is to be paid the
allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration
Tribunal Act 1973.
14
Acting Commissioner
(1) The Minister may appoint a person to act
as a Commissioner:
(a) during a vacancy in the office of
the Commissioner (whether or not an appointment has previously been made to the
office); or
(b) during any period, or during all
periods, when the Commissioner is absent from duty or from Australia, or is,
for any reason, unable to perform the duties of the office.
Note: Section 33A of the Acts Interpretation
Act 1901 contains provisions relating to acting appointments.
(2) Anything done by or in relation to a
person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment
had not arisen; or
(b) there was a defect or irregularity
in connection with the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion to act had not arisen
or had ceased.
15
Leave of absence
(1) The Chair may grant leave of absence to
any other Commissioner on the terms and conditions that the Chair determines.
(2) The Minister may grant leave of absence
to the Chair on the terms and conditions that the Minister determines.
16
Resignation
A Commissioner may resign his or her
appointment by giving the Governor‑General a written resignation.
16A
Termination of appointment
(1) The Governor‑General may terminate
the appointment of a Commissioner for misbehaviour or physical or mental
incapacity.
(2) The Governor‑General must terminate
the appointment of a Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or
her creditors; or
(iv) makes an assignment of
his or her remuneration for the benefit of his or her creditors; or
(b) the Commissioner is absent, except
on leave of absence, from 3 consecutive meetings of the Commission; or
(c) the Commissioner fails, without
reasonable excuse, to comply with section 16B.
16B
Disclosure of interests
Disclosure to Minister
(1) A Commissioner must give written notice
to the Minister of any direct or indirect pecuniary interest that the
Commissioner has or acquires and that conflicts or could conflict with the
proper performance of the Commissioner’s functions.
Disclosure to Commission
(2) A Commissioner who has a direct or
indirect pecuniary interest in a matter being considered or about to be
considered by the Commission must disclose the nature of the interest to a
meeting of the Commission.
(3) The disclosure under subsection (2)
must be made as soon as possible after the relevant facts have come to the
Commissioner’s knowledge.
(4) The disclosure under subsection (2)
must be recorded in the minutes of the meeting of the Commission.
(5) The Commissioner:
(a) must not be present during any
deliberation by the Commission on the matter; and
(b) must not take part in any decision
of the Commission with respect to the matter.
Division 3—Meetings of the
Commission
16C
Times and places of meetings
(1) The Commission must hold such meetings as
are necessary for the efficient performance of its functions.
(2) Meetings are to be held at the times and
places determined by the Commission.
(3) The Chair may call a meeting at any time.
(4) The Chair must ensure that at least 4
meetings are held each financial year.
16D
Notice of meetings
Each Commissioner is entitled to receive
reasonable notice of the Commission’s meetings.
16E
Who presides at meetings
(1) The Chair presides at all meetings of the
Commission at which he or she is present.
(2) If the Chair is not present at a meeting
of the Commission, the Commissioners present must elect a Commissioner to
preside at the meeting.
16F
Quorum
At a meeting of the Commission, 4
Commissioners constitute a quorum.
16G Voting
at meetings
(1) A question arising at a meeting of the
Commission is to be decided by a majority of the votes of the Commissioners
present and voting.
(2) The Commissioner presiding at a meeting
of the Commission has a deliberative vote and, if necessary, also a casting
vote.
16H
Conduct of meetings
(1) The Commission may, subject to this
Division, regulate proceedings at its meetings as it considers appropriate.
(2) The Commission must ensure that minutes
of its meetings are kept.
Division 4—Delegation by
Commission
16J
Delegation by Commission
(1) The Commission may, by resolution,
delegate all or any of its functions or powers under this Act to a
Commissioner.
Note: Sections 34AA to 34A of the Acts
Interpretation Act 1901 contain provisions relating to delegations.
(2) In exercising a delegated function or
power, the delegate must comply with any written directions of the Commission.
(3) The delegation continues in force despite
a change in the constitution of the Commission.
(4) The delegation may be varied or revoked
by resolution of the Commission (whether or not there has been a change in the
constitution of the Commission).
(5) A certificate signed by the Chair stating
any matter with respect to the delegation is prima facie evidence of the matter.
(6) A document purporting to be a certificate
mentioned in subsection (5) is taken to be such a certificate and to have
been duly given unless the contrary is established.
Division 5—Directions by
the Minister
16K
Directions by the Minister
(1) The Minister may, by writing, give
directions to the Commission with respect to the performance of the
Commission’s functions under this Act.
(2) In giving a direction, the Minister must
have regard to any relevant advice that he or she may have received from the
Council under section 18.
(3) The Minister must give a copy of a
direction to the CEO.
Note: A direction under this section is included in
the annual report: see section 39.
Part IV—The Policy Advisory Council
17
Establishment of Council
There is hereby established a Council by
the name of the Policy Advisory Council.
18
Function of Council
(1) The function of the Council is to provide
advice to the Minister regarding:
(a) agricultural problems of
developing countries; and
(b) programs and policies with respect
to agricultural research for either or both of the following purposes:
(i) identifying
agricultural problems of developing countries;
(ii) finding solutions to
agricultural problems of developing countries.
(2) The Council shall provide advice under subsection (1)
on such occasions as it thinks fit and on request by the Minister.
(3) The Minister shall arrange for a copy of
any advice provided by the Council to be furnished to the Commission.
19
Constitution of Council
(1) The Council shall consist of:
(a) a President;
(c) the person for the time being
occupying, or performing the duties of, the position in the Australian Public
Service known as Director‑General, Australian International Development
Assistance Bureau, or a person nominated by the Director‑General; and
(d) not fewer than 9 nor more than 11
other members.
(2) The members referred to in paragraphs (1)(a)
and (d) shall be appointed by the Minister.
(2A) A person cannot be appointed as a member of
the Council if the person is a Commissioner.
(3) In appointing persons under subsection (2):
(a) the Minister shall have regard to:
(i) the knowledge of the
persons concerning agricultural problems of developing countries; or
(ii) the experience of the
persons in organizing or conducting agricultural research; and
(b) the Minister shall ensure that a
substantial number of the members of the Council are residents of countries
other than Australia.
(4) An appointed member of the Council:
(a) shall be appointed to be a part‑time
member; and
(b) holds office for such term, not
exceeding 3 years, as is specified in the instrument of his or her appointment.
(5) The performance of the functions of the
Council is not affected by reason only of the existence of either or both of
the following circumstances:
(a) a vacancy in the office of
President;
(c) the number of members referred to
in paragraph (1)(d) having fallen below 9 for a period of not more than 3
months.
(6) The appointment of a person under subsection (2)
is not invalidated, and shall not be called in question, by reason of a defect
or irregularity in, or in connection with, his or her appointment.
19A
Remuneration and allowances
(1) An appointed member of the Council is to
be paid the remuneration that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation, the
appointed member of the Council is to be paid the remuneration that is
prescribed by the regulations.
(2) An appointed member of the Council is to
be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration
Tribunal Act 1973.
20
President to keep Council informed
The President shall ensure that the
Council is kept adequately informed with respect to the affairs of the Centre.
21
Termination of appointment
(1) The Minister may terminate the
appointment of an appointed member of the Council by reason of misbehaviour or
physical or mental incapacity.
(2) If an appointed member of the Council:
(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) is absent, except on leave granted
by the Council, from 3 consecutive meetings of the Council otherwise than on
business of the Council undertaken with the approval of the Council;
the Minister shall terminate the appointment of that
member.
22
Resignation
An appointed member of the Council may
resign his or her office by writing signed by him or her and delivered to the
Minister.
23
Meetings of Council
(1) The President:
(a) shall convene such meetings of the
Council as he or she considers necessary for the conduct of its business; and
(b) shall, on receipt of a written
request signed by no fewer than 6 members of the Council, convene a meeting of
the Council.
(2) The Minister may at any time convene a
meeting of the Council.
(3) The President shall preside at all meetings
of the Council at which he or she is present.
(4) If the President is not present at a
meeting of the Council, the members present shall elect one of their number to
preside at that meeting.
(5) At a meeting of the Council, 7 members
constitute a quorum.
(6) Subject to subsection (7), all
questions arising at a meeting of the Council shall be decided by a majority of
the votes of the members present and voting, including the member presiding.
(7) In the event of an equality of votes on a
motion proposed at a meeting of the Council, the motion shall be taken not to
be passed.
(8) Subject to this section, the Council may
regulate the conduct of proceedings at its meetings as it thinks fit and shall
keep minutes of those proceedings.
Part V—The CEO
24
Appointment of CEO
(1) The CEO is to be appointed by the
Governor‑General by written instrument.
(2) The CEO holds office for the period
specified in the instrument of appointment. The period must not exceed 7 years.
(3) A person may be appointed as both the CEO
and a Commissioner (including the Chair).
25
Appointment to be full‑time
The CEO holds office on a full‑time
basis.
26
Terms and conditions—general
The CEO holds office on the terms and
conditions (if any) in relation to matters not covered by this Act that are
determined by the Governor‑General.
27
Remuneration and allowances
(1) The CEO is to be paid the remuneration
that is determined by the Remuneration Tribunal. If no determination of that
remuneration by the Tribunal is in operation, the CEO is to be paid the
remuneration that is prescribed by the regulations.
(2) The CEO is to be paid the allowances that
are prescribed by the regulations.
(3) This section has effect subject to the Remuneration
Tribunal Act 1973.
28 CEO
not to engage in paid employment
The CEO must not engage in paid
employment outside the duties of his or her office without the Minister’s
approval.
29
Acting CEO
(1) The Minister may appoint a person to act
as the CEO:
(a) during a vacancy in the office of
the CEO (whether or not an appointment has previously been made to the office);
or
(b) during any period, or during all
periods, when the CEO is absent from duty or from Australia, or is, for any
reason, unable to perform the duties of the office.
Note: Section 33A of the Acts Interpretation
Act 1901 contains provisions relating to acting appointments.
(2) Anything done by or in relation to a
person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment
had not arisen; or
(b) there was a defect or irregularity
in connection with the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion to act had not arisen
or had ceased.
29A
Leave of absence
(1) The CEO has the recreation leave
entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the CEO leave of
absence, other than recreation leave, on the terms and conditions as to
remuneration or otherwise that the Minister determines.
29B Resignation
The CEO may resign his or her
appointment by giving the Governor‑General a written resignation.
29C
Termination of appointment
(1) The Governor‑General may terminate
the appointment of the CEO for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate
the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the
benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or
her creditors; or
(iv) makes an assignment of
his or her remuneration for the benefit of his or her creditors; or
(b) the CEO is absent, except on leave
of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the
Minister’s approval, in paid employment outside the duties of his or her
office; or
(d) the CEO fails, without reasonable
excuse, to comply with section 29D.
29D
Disclosure of interests
The CEO must give written notice to the
Minister of any direct or indirect pecuniary interest that the CEO has or
acquires and that conflicts or could conflict with the proper performance of
the CEO’s functions.
29E
CEO not subject to direction by the Commission on certain matters
To avoid doubt, the CEO is not subject
to direction by the Commission in relation to the CEO’s performance of
functions, or exercise of powers, under:
(a) the Financial Management and
Accountability Act 1997; or
(b) the Public Service Act 1999;
in relation
to the Centre.
Part VI—Staff and consultants
30
Staff
(1) The staff of the Centre shall be persons
engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service
Act 1999:
(a) the CEO and the APS employees
assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that
Statutory Agency.
31
Arrangements relating to staff
(1) The CEO may arrange with an Agency Head
(within the meaning of the Public Service Act 1999) or with a body
(other than a company or an association) established for a public purpose by or
under a law of the Commonwealth for the services of officers or employees of
the Agency or body to be made available to the CEO in relation to the CEO’s
functions.
(2) The CEO may enter into an arrangement
with the appropriate authority of a State or Territory for the services of
officers or employees of the Public Service of the State or Territory, or of a
body established for a public purpose by or under a law of the State or
Territory, to be made available to the CEO in relation to the CEO’s functions.
32
Consultants
The CEO may, on behalf of the
Commonwealth, engage consultants to perform services for the CEO related to the
CEO’s functions.
Part VII—Finance
33
Australian Centre for International Agricultural Research Account
(1) There is continued in existence the
Australian Centre for International Agricultural Research Account.
Note: The Account was established by subsection 5(3)
of the Financial Management Legislation Amendment Act 1999.
(2) The Account is a Special Account for the
purposes of the Financial Management and Accountability Act 1997.
34
Credits to the Account
There must be credited to the Account
amounts equal to the following:
(a) all money appropriated by the
Parliament for the purposes of the Account;
(b) other money received by the
Commonwealth in relation to the performance of the functions of the CEO;
(c) amounts of any gifts given or
bequests made for the purposes of the Account.
Note: An Appropriation Act provides for amounts to
be credited to a Special Account if any of the purposes of the Account is a
purpose that is covered by an item in the Appropriation Act.
35
Purposes of the Account
(1) This section sets out the purposes of the
Account.
(2) Amounts standing to the credit of the Account
may be debited for the following purposes:
(a) in payment or discharge of the
costs, expenses and other obligations incurred by the Commonwealth in the
performance of the functions of the CEO or of the staff of the Centre referred
to in section 30;
(b) in payment of any remuneration and
allowances payable to any person under this Act.
Part VIII—Miscellaneous
39
Annual report
(1) As soon as practicable after 30 June
in each year, the CEO must prepare and give to the Minister a report of the operations
of the Centre during the year.
(2) The report must include:
(a) the financial statements required
by section 49 of the Financial Management and Accountability Act 1997;
and
(b) an audit report on those
statements under section 57 of the Financial Management and
Accountability Act 1997; and
(c) particulars of all directions
given during the year by the Minister to the CEO under section 5A; and
(d) particulars of all directions
given during the year by the Minister to the Commission under section 16K.
(3) The Minister must cause a copy of the
report to be tabled in each House of the Parliament as soon as practicable.
41
Delegation by Minister
The Minister may, by writing, delegate
to any person all or any of the Minister’s functions or powers under this Act.
42
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all matters that are
required or permitted by this Act to be prescribed, or are necessary or
convenient to be prescribed, for carrying out or giving effect to this Act.
Notes to
the Australian Centre for International
Agricultural Research Act 1982
Note 1
The Australian Centre for International Agricultural
Research Act 1982 as shown in this compilation comprises Act No. 9,
1982 amended as indicated in the Tables below.
All relevant information pertaining to application, saving or
transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see
Table A.
Table of Acts
|
Act
|
Number
and year
|
Date
of Assent
|
Date of commencement
|
Application, saving or transitional provisions
|
|
Australian Centre for International Agricultural
Research Act 1982
|
9, 1982
|
30 Mar 1982
|
3 June 1982 (see Gazette 1982, No. G22)
|
|
|
Statute Law (Miscellaneous Provisions) Act (No. 1)
1983
|
39, 1983
|
20 June 1983
|
S. 3: 18 July 1983 (a)
|
S. 7(1)
|
|
Statute Law (Miscellaneous Provisions) Act (No. 2)
1983
|
91, 1983
|
22 Nov 1983
|
S. 3: 20 Dec 1983 (b)
|
S. 6(1)
|
|
Public Service Reform Act 1984
|
63, 1984
|
25 June 1984
|
S. 151(1): 1 July 1984 (see Gazette 1984,
No. S245) (c)
|
S. 151(9)
|
|
Public Service and Statutory Authorities Amendment Act
1985
|
166, 1985
|
11 Dec 1985
|
S. 45: 8 Jan 1986 (d)
|
S. 45(2)
|
|
Statute Law (Miscellaneous Provisions) Act 1987
|
141, 1987
|
18 Dec 1987
|
S. 3: Royal Assent (e)
|
S. 5(1)
|
|
Industrial Relations Legislation Amendment Act 1991
|
122, 1991
|
27 June 1991
|
Ss. 4(1), 10(b) and 15‑20: 1 Dec 1988
Ss. 28(b)‑(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No.
S332)
Remainder: Royal Assent
|
S. 31(2)
|
|
Australian Centre for International Agricultural
Research Amendment Act 1992
|
170, 1992
|
11 Dec 1992
|
11 Dec 1992
|
—
|
|
Statute Law Revision Act 1996
|
43, 1996
|
25 Oct 1996
|
Schedule 4 (item 20): Royal Assent (f)
|
—
|
|
Audit (Transitional and Miscellaneous) Amendment Act 1997
|
152, 1997
|
24 Oct 1997
|
Schedule 2 (items 216‑225): 1 Jan 1998 (see Gazette 1997, No. GN49)(g)
|
—
|
|
Public Employment (Consequential and Transitional)
Amendment Act 1999
|
146, 1999
|
11 Nov 1999
|
Schedule 1 (items 144‑149): 5 Dec 1999 (see Gazette 1999, No. S584) (h)
|
—
|
|
Abolition of Compulsory Age Retirement (Statutory
Officeholders) Act 2001
|
159, 2001
|
1 Oct 2001
|
29 Oct 2001
|
Sch. 1 (item 97) [see Table A]
|
|
Financial Framework Legislation Amendment Act 2005
|
8, 2005
|
22 Feb 2005
|
S. 4 and Schedule 1 (items 84–88, 496): Royal
Assent
|
S. 4 and Sch. 1 (item 496) [see Table A]
|
|
Australian Centre for International Agricultural
Research Amendment Act 2007
|
115, 2007
|
28 June 2007
|
1 July 2007
|
Sch. 2 [see Table A]
|
|
Statute Law Revision Act 2008
|
73, 2008
|
3 July 2008
|
Schedule 4 (items 80–86): 4 July 2008
|
—
|
|
|
|
|
|
|
(a) The Australian Centre for International
Agricultural Research Act 1982 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of
which provides as follows:
(1) Subject to this section, this Act
shall come into operation on the twenty‑eighth day after the day on which
it receives the Royal Assent.
(b) The Australian Centre for International
Agricultural Research Act 1982 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(1) of
which provides as follows:
(1) Subject to this section, this Act
shall come into operation on the twenty‑eighth day after the day on which
it receives the Royal Assent.
(c) The Australian Centre for International
Agricultural Research Act 1982 was amended by subsection 151(1) only of the
Public Service Reform Act 1984, subsection 2(4) of which provides as
follows:
(4) The remaining provisions of this Act
shall come into operation on such day as is, or on such respective days as are,
fixed by Proclamation.
(d) The Australian Centre for International
Agricultural Research Act 1982 was amended by section 45 only of the Public
Service and Statutory Authorities Amendment Act 1985, subsection 2(7) of
which provides as follows:
(7) The remaining provisions of this Act
shall come into operation on the twenty‑eighth day after the day on which
this Act receives the Royal Assent.
(e) The Australian Centre for International
Agricultural Research Act 1982 was amended by section 3 only of the Statute
Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides
as follows:
(1) Subject to this section, this Act
shall come into operation on the day on which it receives the Royal Assent.
(f) The Australian Centre for International
Agricultural Research Act 1982 was amended by Schedule 4 (item 20)
only of the Statute Law Revision Act 1996, subsection 2(1) of which
provides as follows:
(1) Subject to subsections (2) and
(3), this Act commences on the day on which it receives the Royal Assent.
(g) The Australian Centre for International
Agricultural Research Act 1982 was amended by Schedule 2 (items 216‑225)
only of the Audit (Transitional and Miscellaneous) Amendment Act 1997,
subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on
the same day as the Financial Management and Accountability Act 1997.
(h) The Australian Centre for International
Agricultural Research Act 1982 was amended by Schedule 1 (items 144‑149)
only of the Public Employment (Consequential and Transitional) Amendment Act
1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means
the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act
commences at the commencing time.
Table of Amendments
|
ad. = added or
inserted am. = amended rep. = repealed rs. = repealed and
substituted
|
|
Provision affected
|
How affected
|
|
Part I
|
|
|
S. 3......................................
|
am. No. 170, 1992; No. 152, 1997; No. 8,
2005; No. 115, 2007
|
|
Part II
|
|
|
S. 4......................................
|
am. No. 39, 1983; No. 115, 2007
|
|
S. 4A...................................
|
ad. No. 115, 2007
|
|
Heading to s. 5....................
|
am. No. 115, 2007
|
|
S. 5......................................
|
am. No. 170, 1992; No. 115, 2007
|
|
S. 5A...................................
|
ad. No. 115, 2007
|
|
S. 6......................................
|
rs. No. 115, 2007
|
|
Part III
|
|
|
Part III...................................
|
rs. No. 115, 2007
|
|
Division 1
|
|
|
S. 7......................................
|
rs. No. 115, 2007
|
|
S. 8......................................
|
am. No. 170, 1992
|
|
|
rs. No. 115, 2007
|
|
Heading to s. 9....................
|
am. No. 152, 1997
|
|
|
rs. No. 115, 2007
|
|
S. 9......................................
|
am. No. 152, 1997
|
|
|
rs. No. 115, 2007
|
|
Division 2
|
|
|
S. 10....................................
|
am. No. 152, 1997
|
|
|
rs. No. 115, 2007
|
|
S. 11....................................
|
am. No. 91, 1983
|
|
|
rs. No. 115, 2007
|
|
Ss. 12, 13............................
|
rs. No. 115, 2007
|
|
Ss. 14, 15............................
|
am. No. 152, 1997
|
|
|
rs. No. 115, 2007
|
|
S. 16....................................
|
rs. No. 115, 2007
|
|
Ss. 16A, 16B.......................
|
ad. No. 115, 2007
|
|
Division 3
|
|
|
Ss. 16C–16H.......................
|
ad. No. 115, 2007
|
|
Division 4
|
|
|
S. 16J..................................
|
ad. No. 115, 2007
|
|
Division 5
|
|
|
S. 16K.................................
|
ad. No. 115, 2007
|
|
Part IV
|
|
|
S. 18....................................
|
am. No. 115, 2007
|
|
S. 19....................................
|
am. No. 170, 1992; No. 146, 1999; No. 115,
2007; No. 73, 2008
|
|
S. 19A.................................
|
ad. No. 115, 2007
|
|
Ss. 21, 22............................
|
am. No. 73, 2008
|
|
S. 23....................................
|
am. No. 170, 1992; No. 115, 2007; No. 73,
2008
|
|
Part V
|
|
|
Part V..................................
|
rs. No. 115, 2007
|
|
S. 24....................................
|
rs. No. 115, 2007
|
|
S. 25 ...................................
|
am. No. 159, 2001
|
|
|
rs. No. 115, 2007
|
|
S. 26....................................
|
rs. No. 122, 1991
|
|
|
am. No. 146, 1999
|
|
|
rs. No. 115, 2007
|
|
S. 27....................................
|
am. No. 122, 1991
|
|
|
rs. No. 115, 2007
|
|
Ss. 28, 29............................
|
rs. No. 115, 2007
|
|
Ss. 29A–29E.......................
|
ad. No. 115, 2007
|
|
Part VI
|
|
|
Ss. 30, 31............................
|
am. No. 63, 1984; No. 146, 1999; No. 115,
2007
|
|
S. 32....................................
|
am. No. 166, 1985
|
|
|
rs. No. 115, 2007
|
|
Part VII
|
|
|
Heading to s. 33..................
|
am. No. 152, 1997
|
|
|
rs. No. 8, 2005
|
|
S. 33....................................
|
am. No. 152, 1997
|
|
|
rs. No. 8, 2005
|
|
S. 34....................................
|
am. No. 170, 1992
|
|
|
rs. No. 152, 1997; No. 8, 2005; No. 115,
2007
|
|
Heading to s. 35..................
|
am. No. 152, 1997
|
|
|
rs. No. 8, 2005; No. 115, 2007
|
|
S. 35....................................
|
am. No. 152, 1997
|
|
|
rs. No. 8, 2005; No. 115, 2007
|
|
S. 36....................................
|
am. No. 152, 1997; No. 8, 2005
|
|
|
rep. No. 115, 2007
|
|
S. 37....................................
|
rs. No. 170, 1992
|
|
|
rep. No. 115, 2007
|
|
S. 38....................................
|
rep. No. 115, 2007
|
|
S. 38A.................................
|
ad. No. 141, 1987
|
|
|
rep. No. 152, 1997
|
|
S. 38AA..............................
|
ad. No. 170, 1992
|
|
|
rep. No. 152, 1997
|
|
S. 38B.................................
|
ad. No. 141, 1987
|
|
|
rep. No. 152, 1997
|
|
Part VIII
|
|
|
S. 39....................................
|
am. No. 91, 1983
|
|
|
rs. No. 152, 1997
|
|
|
am. No. 115, 2007
|
|
S. 40....................................
|
am. No. 43, 1996
|
|
|
rep. No. 115, 2007
|
|
S. 41....................................
|
am. No. 170, 1992
|
|
|
rs. No. 115, 2007
|
|
Ss. 43, 44............................
|
rep. No. 170, 1992
|
Table A
Application, saving or
transitional provisions
Abolition of Compulsory Age
Retirement (Statutory Officeholders) Act 2001 (No. 159,
2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an
appointment if the term of the appointment began before the commencement of
this item.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4
Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or
another thing is made, given or done; and
(b) the thing is taken, made, given or
done under a provision of a Part 2 Act that had effect immediately before
the commencement of this Act;
then the thing has the corresponding effect, for the
purposes of the Part 2 Act as amended by this Act, as if it had been
taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended
by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision—Finance
Minister’s determinations
If a determination under
subsection 20(1) of the Financial Management and Accountability Act 1997
is in force immediately before the commencement of this item, the determination
continues in force as if it were made under subsection 20(1) of that Act as
amended by this Act.
Australian Centre for International Agricultural
Research Amendment Act 2007 (No. 115, 2007)
Schedule 2
1 Definitions
In this Schedule:
amend includes repeal and remake.
asset means:
(a) any legal or equitable estate or
interest in real or personal property, whether actual, contingent or
prospective; or
(b) any right, power, privilege or
immunity, whether actual, contingent or prospective.
assets official, in relation to an asset other than
land, means the person or authority who, under a law of the Commonwealth, a
State or a Territory, under a trust instrument or otherwise, has responsibility
for keeping a register in relation to assets of the kind concerned.
Board has the same meaning as in the old law.
Centre means the Australian Centre for
International Agricultural Research established by the Australian Centre for
International Agricultural Research Act 1982.
CEO means the Chief Executive Officer of the
Centre.
commencement time means the time when this Schedule
commences.
Commission has the same meaning as in the new law.
Director has the same meaning as in the old law.
instrument:
(a) includes:
(i) a
contract, deed, undertaking or agreement; and
(ii) a notice, authority,
order or instruction; and
(iii) an instrument made
under an Act or regulations; and
(iv) regulations; but
(b) does not include an Act.
land means any legal or equitable estate or
interest in real property, whether actual, contingent or prospective.
land registration official, in relation to land,
means the Registrar of Titles or other proper officer of the State or Territory
in which the land is situated.
liability means any liability, duty or obligation,
whether actual, contingent or prospective.
new law means the Australian Centre for
International Agricultural Research Act 1982 as in force immediately after
the commencement time.
old law means the Australian Centre for
International Agricultural Research Act 1982 as in force immediately before
the commencement time.
2 Vesting of assets of Centre
(1) This item applies to the assets of the Centre
immediately before the commencement time.
(2) At the commencement time, the assets to which this
item applies cease to be assets of the Centre and become assets of the
Commonwealth without any conveyance, transfer or assignment. The Commonwealth
becomes the successor in law in relation to these assets.
3 Vesting of liabilities of Centre
(1) This item applies to the liabilities of the Centre
immediately before the commencement time.
(2) At the commencement time, the liabilities to which
this item applies cease to be liabilities of the Centre and become liabilities
of the Commonwealth without any conveyance, transfer or assignment. The
Commonwealth becomes the successor in law in relation to these liabilities.
4 Certificates relating to vesting of land
(1) This item applies if:
(a) any land vests in the Commonwealth
under this Part; and
(b) there is lodged with a land
registration official a certificate that:
(i) is signed by the
Minister; and
(ii) identifies the land,
whether by reference to a map or otherwise; and
(iii) states that the land
has become vested in the Commonwealth under this Part.
Note: Certificates under paragraph (1)(b) are
presumed to be authentic: see item 17.
(2) The land registration official may:
(a) register the matter in a way that
is the same as, or similar to, the way in which dealings in land of that kind
are registered; and
(b) deal with, and give effect to, the
certificate.
5 Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) any asset other than land vests in
the Commonwealth under this Part; and
(b) there is lodged with an assets
official a certificate that:
(i) is signed by the
Minister; and
(ii) identifies the asset;
and
(iii) states that the asset
has become vested in the Commonwealth under this Part.
Note: Certificates under paragraph (1)(b) are
presumed to be authentic: see item 17.
(2) The assets official may:
(a) deal with, and give effect to, the
certificate as if it were a proper and appropriate instrument for transactions
in relation to assets of that kind; and
(b) make such entries in the register
as are necessary, having regard to the effect of this Schedule.
6 Substitution of
Commonwealth as a party to pending proceedings
If any proceedings to which the Centre was a party were pending
in any court or tribunal immediately before the commencement time, the
Commonwealth is substituted for the Centre, from the commencement time, as a
party to the proceedings.
7 Transfer of custody of Centre or Board records
(1) This item applies to any records or documents that,
immediately before the commencement time, were in the custody of the Centre or
the Board.
(2) The records and documents are to be transferred
into the custody of the CEO at or after the commencement time.
8 References in instruments
References to Centre or Director taken to be references to
CEO or Commonwealth
(1) If:
(a) an instrument is in force
immediately before the commencement time; and
(b) the instrument contains a
reference to the Centre or to the Director;
the instrument has effect from the commencement time as if the
reference were a reference to the CEO.
(2) However, if:
(a) an instrument is in force
immediately before the commencement time; and
(b) the instrument relates to assets
or liabilities covered by item 2 or 3; and
(c) the instrument refers to the
Centre or to the Director;
the reference is to be read as a reference to the Commonwealth as
necessary to give effect to item 2 or 3, as the case requires.
References to Board taken to be references to Commission
(3) If:
(a) an instrument is in force
immediately before the commencement time; and
(b) the instrument contains a
reference to the Board;
the instrument has effect from the commencement time as if the
reference were a reference to the Commission.
Minister and regulations may provide otherwise
(4) The Minister may, by writing, determine that subitem (1),
(2) or (3):
(a) does not apply in relation to a
specified reference; or
(b) applies as if:
(i) in the case of subitem (1)—the
reference in that subitem to the CEO were a reference to the Commonwealth; or
(ii) in the case of subitem (2)—the
reference in that subitem to the Commonwealth were a reference to the CEO; or
(iii) in the case of subitem (3)—the
reference in that subitem to the Commission were a reference to the CEO.
A determination under this subitem has effect accordingly.
(5) The regulations may provide that an instrument
containing a reference specified in a determination under paragraph (4)(a)
has effect from the commencement time as if:
(a) in the case of an instrument
covered by subitem (1)—the reference were a reference to a specified
person or body other than the Commonwealth or the CEO; or
(b) in the case of an instrument
covered by subitem (2)—the reference were a reference to a specified
person or body other than the Commonwealth or the CEO; or
(c) in the case of an instrument
covered by subitem (3)—the reference were a reference to a specified
person or body other than the Commission or the CEO.
Determinations are not legislative instruments
(6) A determination under subitem (4) is not a
legislative instrument.
9 Operation of laws
Things done by Centre or Director taken to be done by CEO
(1) If, before the commencement time, a thing was done
by, or in relation to, the Centre or the Director, then, for the purposes of
the operation of any law of the Commonwealth after the commencement time, the
thing is taken to have been done by, or in relation to, the CEO.
(2) For the purposes of subitem (1), a thing done
before the commencement time under a provision that is amended by this Act has
effect from that time as if it were done under that provision as amended.
However, this is not taken to change the time at which the thing was actually
done.
Minister and regulations may provide otherwise
(3) The Minister may, by writing, determine that subitem (1):
(a) does not apply in relation to a
specified thing done by, or in relation to, the Centre or the Director; or
(b) applies as if the reference in
that subitem to the CEO were a reference to the Commonwealth.
A determination under this subitem has effect accordingly.
(4) The regulations may provide for a thing specified
in a determination under paragraph (3)(a) to be taken to have been done
by, or in relation to, a specified person or body other than the Commonwealth
or the CEO.
Meaning of doing
(5) To avoid doubt, for the purposes of this item, doing
a thing includes making an instrument.
Determinations are not legislative instruments
(6) A determination made under subitem (3) is not
a legislative instrument.
10 Reporting requirements
Future reporting requirements
(1) If:
(a) immediately before the
commencement time, a law required the Centre, the Director or the Board to
provide a report (whether financial statements or otherwise) for a period; and
(b) the period ends after the
commencement time;
the CEO must provide the report, as required, for so much of the
period as occurs before the commencement time.
(2) If:
(a) under subitem (1), the CEO is
required to provide a report for a part of a period; and
(b) the CEO is also required to
provide a similar report for the remainder of the period;
the CEO may meet the requirements in a single report for the
period.
Outstanding reporting requirements
(3) If:
(a) a law required the Centre, the
Director or the Board to provide a report (whether financial statements or
otherwise) for a period that ended before the commencement time; and
(b) the report has not been provided
by the commencement time;
the CEO must provide the report as required.
Application of law to CEO
(4) To avoid doubt, if, under this item, the CEO is
required to provide a report under a law, the law applies to the CEO in respect
of the report in the same way as the law would have applied to the Centre, the
Director or the Board in respect of the report.
11 CEO
(1) The person holding office as the Director under
section 24 of the old law immediately before the commencement time is
taken, at the commencement time, to have been duly appointed as the CEO by the
Governor‑General under section 24 of the new law:
(a) for the balance of the person’s
term of appointment that remained immediately before the commencement time; and
(b) on the same terms and conditions
as applied to the person immediately before the commencement time.
(2) This item does not prevent those terms and
conditions being varied after the commencement time.
12 Staff of the Centre
(1) A person who was a member of the staff of the
Centre immediately before the commencement time is taken, at the commencement
time, to have been engaged by the CEO as a member of the staff of the Centre.
(2) The person is taken to have been engaged on the
same terms and conditions as applied to the person immediately before the
commencement time.
(3) This item does not prevent those terms and
conditions being varied after the commencement time.
13 Arrangements relating to external staff
An arrangement in force under section 31 of the old law
immediately before the commencement time continues in force after that time as
if it had been entered into under section 31 of the new law.
14 Consultants
(1) A person in respect of whom an engagement was in
force under section 32 of the old law immediately before the commencement
time is taken, at the commencement time, to have been engaged as a consultant
under section 32 of the new law.
(2) The person is taken to have been engaged on the
same terms and conditions as applied to the person immediately before the
commencement time.
(3) This item does not prevent those terms and
conditions being varied after the commencement time.
15 Exemption from stamp duty
and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or
Territory in respect of, or in respect of anything connected with:
(a) the transfer of an asset or
liability under this Schedule; or
(b) the operation of this Schedule in
any other respect.
16 Constitutional safety net—acquisition of property
(1) If the operation of this Schedule would result in
an acquisition of property from a person otherwise than on just terms, the
Commonwealth is liable to pay a reasonable amount of compensation to the
person.
(2) If the Commonwealth and the person do not agree on
the amount of the compensation, the person may institute proceedings in a court
of competent jurisdiction for the recovery from the Commonwealth of such
reasonable amount of compensation as the court determines.
(3) In this item:
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph
51(xxxi) of the Constitution.
17 Certificates taken to be authentic
A document that appears to be a certificate made or issued under
a particular provision of this Schedule:
(a) is taken to be such a certificate;
and
(b) is taken to have been properly
given;
unless the contrary is established.
18 Delegation by Minister
(1) The Minister may, by writing, delegate all or any
of his or her powers and functions under this Schedule to the CEO.
(2) In exercising powers or performing functions under
a delegation, the CEO must comply with any directions of the Minister.
19 Regulations
(1) The Governor‑General may make regulations
prescribing matters:
(a) required or permitted by this
Schedule to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Schedule.
(2) The Governor‑General may make regulations
prescribing matters of a transitional nature (including prescribing any saving
or application provisions) relating to the amendments or repeals made by
Schedule 1 to this Act.