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Cattle and Beef Research Act 1960

Authoritative Version
Act No. 6 of 1960 as made
An Act to establish a Cattle and Beef Research Trust Account, and for purposes connected therewith.
Date of Assent 10 May 1960
Date of repeal 01 Jul 1985
Repealed by Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985

CATTLE AND BEEF RESEARCH.

 

No. 6 of 1960.

An Act to establish a Cattle and Beef Research Trust Account, and for purposes connected therewith.

[Assented to 10th May, 1960.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Cattle and Beef Research Act 1960.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3.  In this Act, unless the contrary intention appears—

“member” means a member of the Committee;

“nominated member” means a member referred to in any of paragraphs (b) to (g), inclusive, of sub-section (1.) of section nine of this Act;

“the Board” means the Australian Meat Board constituted under the Meat Export Control Act 1935-1955;

“the Committee” means the Australian Cattle and Beef Research Committee constituted under this Act;

“the Research Account” means the Cattle and Beef Research Trust Account established by this Act.

Cattle and Beef Research Trust Account.

4.—(1.)   An account is hereby established to be known as the Cattle and Beef Research Trust Account.

(2.)  The Research Account is a Trust Account for the purposes of section sixty-two a of the Audit Act 1901-1959.

Moneys to be paid in to the research Account.

5.—(1.)   There shall be paid into the Research Account—

(a) amounts equal to the amounts of levy received by the Commonwealth under the Cattle Slaughter Levy Collection Act 1960 (including amounts received from proprietors of abattoirs in accordance with section five of that Act and amounts payable by way of penalty in accordance with section seven of that Act);

(b) subject to the next succeeding sub-section, amounts equal to one-half of the amounts from time to time payable out of the Research Account in accordance with this Act;

(c) moneys paid by any person to the Commonwealth for the purposes of the Research Account;


 

(d) moneys received by the Commonwealth from the sale of any land or goods bought or produced, or in respect of any work paid for, out of moneys paid out of the Research Account; and

(e) interest from the investment of moneys standing to the credit of the Research Account.

(2.)  The sum of the amounts paid into the Research Account by virtue of paragraph (b) of the last preceding sub-section shall not exceed the sum of the amounts paid into the Research Account by virtue of paragraph (a) of that sub-section, other than amounts related to amounts received by the Commonwealth by way of penalty.

(3.)  Amounts payable into the Research Account by virtue of paragraph (a) or (b) of sub-section (1.) of this section are payable out of the Consolidated Revenue Fund.

(4.)  The Consolidated Revenue Fund is appropriated to the extent necessary for the purpose of any payment referred to in sub-section (1.) of this section.

Application of the Research Account.

6.—(1.)   Subject to the next succeeding sub-section, moneys standing to the credit of the Research Account may, with the approval of the Minister, be expended for the following purposes:—

(a) scientific, economic or technical research in connexion with matters related either directly or indirectly to the raising of cattle or the production or distribution of beef and other products of the slaughter of cattle;

(b) the training of persons for the purposes of any such research;

(c) the dissemination of information and advice in connexion with scientific, economic or technical matters related either directly or indirectly to the raising of cattle or the production or distribution of beef and other products of the slaughter of cattle;

(d) the publication of reports, periodicals, books and papers in connexion with scientific, economic or technical matters related either directly or indirectly to the raising of cattle or the production or distribution of beef and other products of the slaughter of cattle;

(e) the payment of fees and allowances payable to a member of the Committee or the deputy of a member under section fourteen of this Act;

(f) the payment of fees and allowances payable to persons appointed by the Minister under section fifteen of this Act;


 

(g) the payment of amounts payable to the Board under section sixteen of this Act; and

(h) any purpose incidental to a purpose referred to in a preceding paragraph of this sub-section.

(2.)  The Minister shall not exercise his power to approve the expenditure of moneys from the Research Account for a purpose referred to in paragraph (a), (b), (c), (d) or (h) of the last preceding sub-section except in accordance with recommendations of the Committee.

Agreements for carrying out of research.

7.  The Minister, or an officer authorized by the Minister to act under this section, may, on behalf of the Commonwealth, enter into agreements for the purposes of, or for purposes in connexion with, any research or other thing to be carried out or done with moneys provided in whole or in part out of the Research Account.

Australian Cattle and Beef Research Committee.

8.—(1.)   For the purposes of this Act, there shall be an Australian Cattle and Beef Research Committee, constituted as provided in this Act.

(2.)  The functions of the Committee are—

(a) to make recommendations to the Minister with respect to the rate of the levy under the Cattle Slaughter Levy Act 1960 to be prescribed from time to time, and with respect to the number of cattle to be prescribed from time to time for the purposes of section eight of that Act; and

(b) to formulate plans with respect to matters in relation to which moneys standing to the credit of the Research Account may be expended and to make recommendations to the Minister with respect to the expenditure of those moneys.

Constitution of Committee.

9.(1.)   The Committee shall consist of—

(a) the Chairman of the Board;

(b) four persons to represent the Graziers’ Federal Council of Australia;

(c) two persons to represent the Australian Wool and Meat Producers’ Federation;

(d) one person to represent the Australian Dairy Farmers’ Federation;

(e) one person to represent the organization known as the Australian Agricultural Council;

(f) one person to represent the Commonwealth Scientific and Industrial Research Organization;

(g) one person to represent such Universities as engage in research into matters affecting the beef industry; and

(h) one person to represent the Department of Primary Industry.


 

(2.)  The members of the Committee, other than the Chairman of the Board—

(a) shall be appointed by the Minister;

(b) hold office, subject to this Act, for a period of three years; and

(c) are eligible for re-appointment.

(3.)  A member of the Committee referred to in paragraph (b), (c), (d), (e) or (f) of sub-section (1.) of this section shall be appointed upon the nomination of the organization which he is to represent.

(4.)  The member of the Committee referred to in paragraph (g) of sub-section (1.) of this section shall be appointed upon the nomination of the Universities which he is to represent.

(5.)  If the place of a nominated member becomes vacant before the expiration of the term for which he was appointed, the Minister may appoint a person nominated in accordance with sub-section (3.) or sub-section (4.) of this section, as the case may require, to hold the vacant place for the remainder of that term.

(6.)  The appointment of a nominated member is not invalidated and shall not be called in question by reason of a defect or irregularity in connexion with his nomination.

(7.)  The exercise of a power or the performance of a function by the Committee is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Committee.

Deputies of members.

10.—(1.)   A member may, with the approval of the Minister, appoint a person to be his deputy.

(2.)  A member may revoke the appointment of a person as his deputy, but the revocation is not effective until the member has given notice of it in writing to the Minister.

(3.)  The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Committee, to attend that meeting and, when so attending, shall be deemed to be a member.

Removal and resignation of members of Committee and deputies of members.

11.—(1.)   The Governor-General may remove a member of the Committee or the deputy of a member from office for incapacity, incompetence or misbehaviour.

(2.)  Where—

(a) in the case of a nominated member representing an organization—the organization requests the Minister to do so; or

(b) in the case of the nominated member representing Universities—those Universities request the Minister to do so, the Minister shall terminate the appointment of that person as such a member.


 

(3.)  A member of the Committee, other than the member who is the Chairman of the Board, or the deputy of a member may resign his office by writing under his hand delivered to the Minister.

Chairman of the Committee.

12.(1.)   The members of the Committee shall elect one of their number to be the Chairman of the Committee.

(2.)  Subject to this section, a person so elected holds office as Chairman until the expiration of his term of office as a member of the Committee that is current at the time of his election, unless he sooner ceases to be a member of the Committee.

(3.)  If the member of the Committee who is the Chairman of the Board is elected as Chairman of the Committee, he holds office as Chairman of the Committee until the expiration of the term of office of the other members of the Committee holding office at the date of his election, unless he sooner ceases to be a member of the Committee.

(4.)  The Chairman of the Committee may resign from office as Chairman by writing under his hand delivered to the Minister.

Quorum and voting.

13.   At a meeting of the Committee—

(a) seven members form a quorum;

(b) the Chairman of the Committee, or, in his absence, a member elected by the members present to act as Chairman, shall preside;

(c) all questions shall be decided by a majority of votes of the members present and voting; and

(d) the Chairman of the Committee or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

Fees and allowances.

14.(1.)   Members of the Committee and deputies of members shall be paid, in respect of attendance at meetings of the Committee, or while engaged (whether in Australia or overseas), with the approval of the Committee, on business of the Committee, such fees and allowances as the Minister determines.

(2.)  If a member of the Committee or the deputy of a member is also a member of the Parliament of the Commonwealth or of a State, he shall not be paid fees and allowances under the last preceding sub-section, but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.

Appointment of advisers.

15.(1.)   The Minister may, upon the recommendation of the Committee, appoint persons to advise the Committee in relation to any purpose in respect of which moneys may be expended from the Research Account.


 

(2.)  A person appointed under the last preceding sub-section shall be paid such fees and allowances (if any) as the Minister determines.

Administrative and clerical assistance.

16.(1.)   The Board shall make available to the Committee such administrative and clerical assistance as the Committee requires for the purpose of the performance of its functions under this Act.

(2.)  There shall be payable to the Board, out of the Research Account, by way of reimbursement of the cost of assistance under this section, such amounts as the Minister, after consultation with the Board and the Committee, approves.

(3.)  The Board shall pay any amount received by it in pursuance of the last preceding sub-section into an account referred to in section nineteen a of the Meat Export Control Act 1935-1955.

Annual report.

17.(1.)   The Committee shall, as soon as practicable after each thirtieth day of June, prepare a report on the operation of this Act during the year that ended on that date and the Minister shall lay the report before each House of the Parliament.

(2.)  The first such report shall relate to the year ending on the thirtieth day of June, One thousand nine hundred and sixty-one.

Regulations.

18.   The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.