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