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Primary Industries and Energy Legislation
Amendment Act 1991

No. 31 of 1991

An Act to amend Acts relating to matters dealt with by the Department of Primary Industries and Energy, and for related purposes

    [Assented to 20 March 1991]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

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

Commencement

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

PART 2—AMENDMENTS OF THE GRAPE RESEARCH LEVY ACT 1986

Principal Act

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

Interpretation

  4. Section 4 of the Principal Act is amended:

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

   (b) by inserting the following definition:

     " 'representative organisation' means:

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

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

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

Regulations

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

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

Principal Act

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

Approval of R&D plans

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

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

Approval of annual operational plans

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

Accountability to representative organisations

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

      "(b)