australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.7
1 Section 3 (definition of appoint)
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.8
10 After section 4
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.10
10 Appointment of Commissioners
Commissioners to be appointed by Governor-General
10(1) Appointment of Commissioners
Commissioner must hold office for a specified period not exceeding 3 years.
10(2) Appointment of Commissioners
Cannot be appointed as a Commissioner if a member of the Council.
10(3) Appointment of Commissioners
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.14
10 Australian Centre for International Agricultural Research Amendment Act 2007 No.
11 Subsection 5(1)
11 Appointments to be part-time
Replace 'its research programs' with 'the research programs referred to in paragraph (a)'
12 Paragraph 5(1)(d)
12 Terms and conditions—general
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.16
12 Australian Centre for International Agricultural Research Amendment Act 2007 No.
Member of Council must be paid allowances prescribed by regulations.
12(2) Australian Centre for International Agricultural Research Amendment Act 2007 No.
Member of Council must be paid allowances
Subject to the Remuneration Tribunal Act 1973.
12(3) Australian Centre for International Agricultural Research Amendment Act 2007 No.
13 Paragraph 5(1)(e)
13 Remuneration and allowances
Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
13(1) Remuneration and allowances
Commissioner must be paid allowances prescribed by regulations.
13(2) Remuneration and allowances
Conditional effect subject to the Remuneration Tribunal Act 1973.
13(3) Remuneration and allowances
14 Subsections 5(2) and (3)
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.11
14 Acting Commissioner
Minister may appoint a person to act as Commissioner under certain circumstances.
14(1) Acting Commissioner
Obligation to appoint a person as Commissioner
Anything done by or in relation to a person purporting to act under an appointment is not invalid.
14(2) Acting Commissioner
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.18
Grant leave of absence to CEO on terms and conditions determined by Minister.
14 Australian Centre for International Agricultural Research Amendment Act 2007 No.
Must consider the need for persons or institutions in developing countries to share in agricultural research.
14(2) Subsections 5(2) and (3)
This provision contains Subsections 5(2) and (3).
Describes the temporal relationship between the provision and other provisions.
(2) The CEO must, in performing his or her functions with respect to agricultural research...
Describes the relationship between the provision and other provisions.
The CEO MUST have regard to the need for persons or institutions in developing countries to share in that research.
No research on behalf of the Commonwealth is authorized or permitted.
14(3) Subsections 5(2) and (3)
Prohibits research on behalf of the Commonwealth.
(3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.
Implies that research on behalf of the Commonwealth is prohibited if this section applies.
CEO must comply with directions under section 5A.
14(4) Subsections 5(2) and (3)
Temporal interval contains section 14 subsection 4
15 After section 5
15 Leave of absence
Grant leave of absence to any other Commissioner
15(1) Leave of absence
15(2) Leave of absence
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.9
Repeal section and substitute with new content.
16 Section 6
Commissioner may resign by giving written notice to Governor-General.
16 Resignation
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.20
Amendment of Australian Centre for International Agricultural Research Amendment Act 2007
16 Australian Centre for International Agricultural Research Amendment Act 2007 No.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.12
16A Termination of appointment
The Governor-General may terminate the appointment of a Commissioner.
16A(1) Termination of appointment
Termination of appointment under certain conditions.
16A(2) Termination of appointment
...the Commissioner fails, without reasonable excuse, to comply with section 16B.
Temporal relation between Commissioner's actions.
(b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings...
...the appointment of a Commissioner if...
Implication of Commissioner's actions on appointment.
(2) The Governor-General must terminate...
16B Disclosure of interests
Disclosure of pecuniary interests to the Minister
16B(1) Disclosure of interests
Commissioner must disclose pecuniary interest to Commission meeting.
16B(2) Disclosure of interests
Must disclose interests as soon as possible after knowledge of facts.
16B(3) Disclosure of interests
Disclosure of interests must be recorded in the minutes of the meeting.
16B(4) Disclosure of interests
Commissioner must not be present during deliberation and take part in decision.
16B(5) Disclosure of interests
(b) must not take part in any decision of the Commission with respect to the matter.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.13
16C Times and places of meetings
Commission must hold meetings as necessary for efficient performance of its functions.
16C(1) Times and places of meetings
Meetings must be held at times and places determined by the Commission.
16C(2) Times and places of meetings
...at the times and places determined by the Commission.
Duty to hold meetings at specified times and places.
The Chair may call a meeting at any time.
16C(3) Times and places of meetings
The Chair has the power to call a meeting.
Ensure at least 4 meetings are held each financial year.
16C(4) Times and places of meetings
...at least 4 meetings are held each financial year.
Entitlement to receive reasonable notice of meetings
16D Notice of meetings
16E Who presides at meetings
Chair presides at meetings when present.
16E(1) Who presides at meetings
Commission must elect a Commissioner to preside at the meeting.
16E(2) Who presides at meetings
16F Quorum
16G Voting at meetings
Majority vote required for decisions at meetings
16G(1) Voting at meetings
Commissioner has a deliberative vote and casting vote at meetings.
16G(2) Voting at meetings
(2) The Commissioner presiding at a meeting of the Commission
16H Conduct of meetings
Regulate proceedings at its meetings as it considers appropriate.
16H(1) Conduct of meetings
16H(2) Conduct of meetings
16J Delegation by Commission
The Commission may delegate its functions or powers to a Commissioner.
16J(1) Delegation by Commission
The delegation occurs during the Commission's term.
Delegate must comply with Commission's written directions.
16J(2) Delegation by Commission
Delegation continues despite constitution change
16J(3) Delegation by Commission
Commission may vary or revoke delegation by resolution.
16J(4) Delegation by Commission
Certificate from Chair is prima facie evidence of delegation matter.
16J(5) Delegation by Commission
Prima facie evidence of delegation matter
Document purporting to be a certificate is taken as such unless proven otherwise.
16J(6) Delegation by Commission
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.15
16K Directions by the Minister
The Minister may give directions to the Commission.
16K(1) Directions by the Minister
Minister must consider relevant advice from Council when giving direction.
16K(2) Directions by the Minister
The direction was given before the relevant advice was considered.
Direction has a temporal relationship with consideration of advice.
The Minister gives a direction at some point in time.
The Minister must have regard to the advice.
Consideration of advice implies a duty to consider it.
The Minister must have regard to any relevant advice.
Minister has a duty to consider relevant advice.
The Minister must give a copy of the direction to the CEO.
16K(3) Directions by the Minister
Repeal Part and substitute with new provision
17 Part III
18 Subsection 18(3)
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.22
18 Australian Centre for International Agricultural Research Amendment Act 2007 No.
19 Paragraph 19(1)(b)
Member of Council must be paid remuneration determined by Remuneration Tribunal.
19A Remuneration and allowances
2 Section 3 (definition of appointed member of the Board)
Cannot be appointed as a member of the Council if the person is a Commissioner.
20 After subsection 19(2)
Omit 'any or all', substitute 'either or both'
21 Subsection 19(5)
22 Paragraph 19(5)(b)
23 After section 19
24 Subsection 23(9)
24 Appointment of CEO
The CEO must be appointed by the Governor-General.
24(1) Appointment of CEO
CEO must hold office for a period not exceeding 7 years.
24(2) Appointment of CEO
The CEO's office is during a period not exceeding 7 years.
CEO's office is during a period not exceeding 7 years
(2) The CEO holds office for the period specified in the instrument of appointment.
The CEO must hold office for a period not exceeding 7 years.
CEO must hold office for a period not exceeding 7 years
The CEO's office is diffused during a period not exceeding 7 years.
CEO's office is diffused during a period not exceeding 7 years
Permits appointment of both CEO and Commissioner
24(3) Appointment of CEO
25 Part V
The CEO must hold office on a full-time basis.
25 Appointment to be full-time
CEO holds office on terms and conditions determined by Governor-General
26 Terms and conditions—general
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.19
26 Subsection 30(2)
Term of office begins when Governor-General determines terms and conditions
Defines temporal interval for CEO's office term
Governor-General has authority to determine terms and conditions
Imposes obligation on CEO to hold office under specified terms and conditions
Classifies Governor-General's authority to determine terms and conditions as obligation
Governor-General determines terms and conditions for CEO's office
CEO is obligated to hold office under specified terms and conditions
Classifies Governor-General's determination of terms and conditions as obligation on CEO
Classifies Governor-General's authority as obligation on CEO
Governor-General has authority to determine terms and conditions for CEO's office
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.17
27 Remuneration and allowances
27 Subsection 31(1)
CEO must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
27(1) Remuneration and allowances
27(2) Remuneration and allowances
Obligation to pay prescribed allowances.
27(3) Remuneration and allowances
Prohibition on paid employment outside office duties without approval
28 CEO not to engage in paid employment
Substitute 'CEO in relation to the CEO's functions' for 'Centre'
28 Subsection 31(1)
29 Acting CEO
29 Subsection 31(2)
The Minister may appoint a person to act as the CEO under certain circumstances.
29(1) Acting CEO
29(2) Acting CEO
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid.
Recreation leave entitlements determined by the Remuneration Tribunal
29A Leave of absence
The CEO may resign by giving the Governor-General a written resignation.
29B Resignation
29C Termination of appointment
The Governor-General may terminate the appointment of the CEO.
29C(1) Termination of appointment
Termination of CEO appointment under specified conditions
29C(2) Termination of appointment
The CEO's absence for 14 consecutive days overlaps with specified conditions
CEO's absence for 14 consecutive days overlaps with specified conditions
(b) the CEO is absent for 14 consecutive days; or (c) the CEO engages in paid employment outside duties
The Governor-General must terminate the appointment of the CEO
Prohibition of CEO appointment under specified conditions
(a) the CEO becomes bankrupt; or (b) the CEO is absent for 14 consecutive days; or (c) the CEO engages in paid employment outside duties
Governor-General has an obligation to terminate CEO appointment under specified conditions
The CEO's absence for 14 consecutive days is recurrently absent under specified conditions
CEO's absence for 14 consecutive days is recurrently absent under specified conditions
29D Disclosure of interests
The CEO is not subject to direction by the Commission in relation to certain matters.
29E CEO not subject to direction by the Commission on certain
The CEO's performance of functions and exercise of powers are exempt from Commission direction during the period when they relate to certain matters.
Temporal relationship between CEO's exemption and Commission direction
The CEO's performance of functions and exercise of powers are exempt from Commission direction if they relate to certain matters, which can be classified as a rule.
Classification of CEO's exemption as a rule
The CEO's performance of functions and exercise of powers are exempt from Commission direction.
Exclusion of direction by the Commission
The CEO is not subject to direction by the Commission.
If the CEO's performance of functions relates to certain matters, then they are exempt from Commission direction.
Conditional relationship between CEO's exemption and Commission direction
The CEO's performance of functions and exercise of powers are exempt from Commission direction until they relate to certain matters.
3 Section 3 (definition of Board)
30 Subsection 31(2)
31 Section 32
The CEO may engage consultants on behalf of the Commonwealth.
32 Consultants
Repeal sections and substitute with Schedule 1 Amendments
32 Sections 34 to 38
33 Subsection 39(1)
Must credit specified amounts to the Account
34 Credits to the Account
Add particulars of directions given to CEO and Commission
34 At the end of subsection 39(2)
35 Purposes of the Account
35 Section 40
35(1) Purposes of the Account
Debit amounts for costs and expenses incurred by the Commonwealth in performing CEO functions.
35(2) Purposes of the Account
36 Section 41
4 Section 3
4 Australian Centre for International Agricultural Research Amendment Act 2007 No.
The term 'CEO' refers to the Chief Executive Officer of the Centre.
CEO means the Chief Executive Officer of the Centre.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.21
The Minister may delegate functions or powers to any person.
41 Delegation by Minister
Establishment of a Chief Executive Officer
4A The Chief Executive Officer
Repeal and substitute the definition of Chair with a new one.
5 Section 3 (definition of Chair)
Replace an existing definition with a new one.
Apply the substitution to the definition of Chair.
5A Power of Minister to give directions
The Minister may give directions to the CEO.
5A(1) Power of Minister to give directions
A direction given under subsection (1) is not a legislative instrument.
5A(2) Power of Minister to give directions
6 Section 3
Staff assist CEO in performing functions.
6 Functions of the staff of the Centre
6 Australian Centre for International Agricultural Research Amendment Act 2007 No.
7 Section 3
7 Establishment of Commission
8 Section 3 (definition of Director)
8 Constitution of the Commission
8 Australian Centre for International Agricultural Research Amendment Act 2007 No.
Repeal subsections and substitute with new definitions.
9 Subsections 4(2), (3) and (4)
The Commission must provide advice to the Minister on certain matters.
9 Functions of the Commission
Defines terms used in the Schedule, including asset, assets official, Board, Centre, CEO, commencement time, Commission, Director, instrument, land, liability, new law, old law, and transitional provisions.
1 Definitions
Includes definitions for asset, assets official, Board, Centre, CEO, commencement time, Commission, Director, instrument, land, liability, new law, and old law.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.28
10 Reporting requirements
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.30
The person holding office as the Director is taken to have been duly appointed as CEO.
11 CEO
The person holding office is taken to have been duly appointed.
12 Staff of the Centre
Continuation of existing arrangements after commencement
13 Arrangements relating to external staff
Person engaged under old law is taken to be engaged under new law on same terms and conditions.
14 Consultants
Person engaged under old law is taken to be engaged under new law.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.32
No stamp duty or tax is payable under a law of a State or Territory in respect of the transfer of an asset or liability.
15 Exemption from stamp duty and other State or Territory
Temporal overlap with Schedule operation.
Compensation for acquisition of property without just terms
16 Constitutional safety net—acquisition of property
A document is taken to be a valid certificate under certain conditions.
17 Certificates taken to be authentic
The Minister may delegate powers to the CEO.
18 Delegation by Minister
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.33
Regulations may be prescribed by the Governor-General.
19 Regulations
Governor-General has the power to prescribe regulations.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.24
Assets of Centre cease to be assets of Centre and become assets of Commonwealth.
2 Vesting of assets of Centre
Obligation to cease being asset of Centre.
20 Australian Centre for International Agricultural Research Amendment Act 2007 No.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.26
22 Australian Centre for International Agricultural Research Amendment Act 2007 No.
Minister may determine subitem (1) does not apply to specified thing done by Centre or Director.
24 Australian Centre for International Agricultural Research Amendment Act 2007 No.
26 Australian Centre for International Agricultural Research Amendment Act 2007 No.
28 Australian Centre for International Agricultural Research Amendment Act 2007 No.
3 Vesting of liabilities of Centre
Certificate requirements for land vesting in the Commonwealth
4 Certificates relating to vesting of land
Certificate must be lodged during land vesting
(a) any land vests in the Commonwealth under this Part.
(ii) states that the land has become vested in the Commonwealth under this Part.
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.25
Certificate requirements for vesting of assets other than land
5 Certificates relating to vesting of assets other than land
(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.
(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.
Substitute Commonwealth for Centre as a party to pending proceedings.
6 Substitution of Commonwealth as a party to pending
Transfer of custody of Centre or Board records
7 Transfer of custody of Centre or Board records
References to Centre or Director taken to be references to CEO or Commonwealth
8 References in instruments
the instrument has effect from the commencement time as if the reference were a reference to the CEO.
If an instrument contains a reference to the Centre or Director, it has effect from the commencement time as if the reference were a reference to the CEO.
an instrument is in force immediately before the commencement time; and the instrument contains a reference to the Centre or to the Director;
subitem (1), (2) or (3) does not apply in relation to a specified reference.
The Minister may, by writing, determine that subitem (1), (2) or (3) does not apply in relation to a specified reference;
the Minister may, by writing, determine that subitem (1), (2) or (3);
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.
However, if an instrument is in force immediately before the commencement time; and the instrument relates to assets or liabilities covered by item 2 or 3; and the instrument refers to the Centre or to the Director;
an instrument is in force immediately before the commencement time; and the instrument relates to assets or liabilities covered by item 2 or 3; and the instrument refers to the Centre or to the Director;
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.27
Things done by Centre or Director taken to be done by CEO
9 Operation of laws
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.5
1 Short title
australian-centre-for-international-agricultural-research-amendment-act-2007.pdf, p.6
2 Australian Centre for International Agricultural Research Amendment Act 2007 No.
2 Commencement
Amendments to Acts specified in a Schedule
3 Schedule(s)
An Act to amend the Australian Centre for International Agricultural Research Act 1982, and for related purposes
Australian Centre for International Agricultural Research Amendment Act 2007