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Pig Industry Research Act 1971

Act No. 30 of 1971 as amended, taking into account amendments up to Act No. 61 of 1981
Registered 04 Dec 2009
Start Date 12 Jun 1981
End Date 03 Oct 1985
Date of repeal 03 Oct 1985
Repealed by Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985

PIG INDUSTRY RESEARCH ACT 1971
- Reprinted as at 31 August 1981 (HISTACT CHAP 452 #DATE 31:08:1981)

*1* The Pig Industry Research Act 1971 (a) as shown in this reprint comprises
Act No. 30, 1971 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
---------------------------------------------------------------------------- Pig Industry
Research Act 1971 30, 1971 17 May 1971 1 Aug 1971 (see
Gazette 1971, p.
5045)
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Pig Industry
Research Act 1975 47, 1975 4 June 1975 4 June 1975 S. 6 (2)
Statute Law
Revision Act 1981 61, 1981 12 June 1981 Ss. 73-76 and
115: Royal Assent
(b) S. 76
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) The Pig Industry Research Act 1971 was amended by sections 73-76 and 115
only of the Statute Law Revision Act 1981, section 2 of which provides that
sections 73-76 and 115 shall come into operation on Royal Assent.

PIG INDUSTRY RESEARCH ACT 1971 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Pig Industry Research Trust Account

5. Moneys to be paid into Research Account

6. Application of the Research Account

7. Agreements for carrying out of research

8. Australian Pig Industry Research Committee

9. Constitution of Committee

10. Chairman of the Committee

11. Deputies of members

12. Removal and resignation of members and deputies

13. Quorum and voting

14. Remuneration, &c.

15. Appointment of advisers

16. Annual report

17. Regulations


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PIG INDUSTRY RESEARCH ACT 1971 - LONG TITLE

SECT

An Act to establish a Pig Industry Research Trust Account, and for purposes connected therewith

PIG INDUSTRY RESEARCH ACT 1971 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Pig Industry Research Act 1971.*1*


See notes to first article of this CHAPTER.

PIG INDUSTRY RESEARCH ACT 1971 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the date fixed by Proclamation under section 2 of the Levy Act.*1*


See notes to first article of this CHAPTER.

PIG INDUSTRY RESEARCH ACT 1971 - SECT. 3.
Interpretation

Amended by No. 47, 1975, s. 7; No. 61, 1981, s. 74

SECT

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

''levy'' has the same meaning as in the Levy Act;

''member'' means a member of the Committee;

''nominated member'' means a member referred to in paragraph (a), (b), (c) or (d) of sub-section (1) of section 9;

''research'' means scientific, technical or economic research in connexion with the pig industry, and includes-

(a) the training of persons for the purpose of any such research;

(b) the publication of reports, periodicals, books and papers in connexion with any such research;

(c) the dissemination of information and advice in connexion with scientific, technical or economic matters; and

(d) any matter incidental to a matter referred to in this definition;

''the Committee'' means the Australian Pig Industry Research Committee constituted under this Act;

''the Levy Act'' means the Pig Slaughter Levy Act 1971;

''the Levy Collection Act'' means the Pig Slaughter Levy Collection Act 1971;

''the Research Account'' means the Pig Industry Research Trust Account established by this Act.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 4.
Pig Industry Research Trust Account

SECT

4. (1) An account is hereby established to be known as the Pig Industry Research Trust Account.


(2) The Research Account is a Trust Account for the purposes of section 62A of the Audit Act 1901-1969.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 5.
Moneys to be paid into Research Account

Sub-section (1) amended by No. 47, 1975, s. 3

SECT

5. (1) There shall be paid into the Research Account, out of the Consolidated Revenue Fund, which is appropriated accordingly-

(a) amounts equal to the amounts from time to time received by Australia-

(i) as levy;

(ii) in discharge of the liability (other than a liability in respect of a penalty under sub-section (1) of section 7 of the Levy Collection Act) of a person under sub-section (1) of section 6 of the Levy Collection Act; and

(iii) as penalties under section 7 of the Levy Collection Act,

being amounts received in respect of pigs slaughtered before 1 July 1975;

(aa) amounts equal to the prescribed proportion of the amounts from time to time received by Australia-

(i) as levy;

(ii) in discharge of the liability (other than a liability in respect of a penalty under sub-section (1) of section 7 of the Levy Collection Act) of a person under sub-section (1) of section 6 of the Levy Collection Act; and

(iii) as penalties under section 7 of the Levy Collection Act,

being amounts received in respect of pigs slaughtered on or after 1 July 1975; and

(b) subject to sub-section (3) of this section, amounts equal to one-half of the amounts from time to time payable out of the Research Account in accordance with this Act.


Inserted by No. 47, 1975, s. 3

SECT

(1A) For the purposes of paragraph (aa) of sub-section (1), the prescribed proportion, in relation to amounts from time to time received by Australia, being amounts in respect of pigs slaughtered during a period, is the proportion that the amount prescribed for the purposes of paragraph (a) of sub-section (1) of section 6 of the Levy Act in respect of that period bears to the aggregate of that amount and the amount prescribed for the purposes of paragraph (b) of sub-section (1) of section 6 of that Act in respect of that period.


Amended by No. 47, 1975, s. 7; No. 61, 1981, s. 115

SECT

(2) There shall be paid into the Research Account-

(a) moneys paid by any person to Australia for the purposes of the Research Account;

(b) moneys received by Australia 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

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


Amended by No. 47, 1975, ss. 3 and 7

SECT

(3) The sum of the amounts paid into the Research Account by virtue of paragraph (b) of sub-section (1) shall not exceed the sum of the amounts paid into the Research Account by virtue of sub-paragraph (i) or (ii) of paragraph (a), or sub-paragraph (i) or (ii) of paragraph (aa), of that sub-section.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 6.
Application of the Research Account

Sub-section (1) amended by No. 47, 1975, s. 7

SECT

6. (1) Subject to the next succeeding sub-section, moneys standing to the credit of the Research Account may be expended-

(a) with the approval of the Minister, for the purpose of research;

(b) in payment of the expenses incurred by the Committee in the performance of its functions;

(c) in payment of fees, expenses and allowances payable to a member of the Committee, or the deputy of a member, under section 14; and

(d) in payment of fees, expenses and allowances payable to persons appointed by the Minister under section 15.


Inserted by No. 47, 1975, s. 4

SECT

(1A) Sub-section (1), in so far as it relates to the payment of remuneration and allowances payable to a member or the deputy of a member, operates notwithstanding the Remuneration Tribunals Act 1973-1974.


Amended by No. 47, 1975, s. 4

SECT

(2) The Minister shall not exercise his power to approve the expenditure of moneys from the Research Account for the purpose referred to in paragraph (a) of sub-section (1) except in accordance with recommendations of the Committee.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 7.
Agreements for carrying out of research

Sub-section (1) amended by No. 47, 1975, s. 7

SECT

7. (1) The Minister, or an officer of the Australian Public Service authorized by the Minister to act under this section, may, on behalf of Australia, enter into agreements for the purposes of, or for purposes in connexion with, any research or other matter or thing to be done or performed with moneys provided in whole or in part out of the Research Account.


Amended by No. 47, 1975, s. 7

SECT

(2) Without limiting the generality of the last preceding sub-section, an agreement made with a person under that sub-section in relation to moneys provided out of the Research Account may-

(a) provide for the moneys to which the agreement relates and any property acquired with those moneys or with moneys that include those moneys to be used only for purposes specified in the agreement and for the payment by the person to Australia for the purposes of the Research Account, in the event of any of those moneys or any of that property being used for a purpose not specified in the agreement, of an amount equal to the whole, or such part as the Minister determines, of those moneys;

(b) provide for the payment by the person to Australia for the purposes of the Research Account of an amount equal to the whole, or such part as the Minister determines, of any net income derived by the person from-

(i) property acquired with moneys to which the agreement relates or with moneys that include those moneys; or

(ii) patents for inventions made, or any other property acquired, in the course of carrying out research or doing any other act or thing with those moneys or with moneys that include those moneys,

or for the assignment by the person to Australia of any property referred to in sub-paragraph (i), of any patents for inventions or other property referred to in sub-paragraph (ii) or of any such invention or of any interest that he may have in any such invention; and

(c) provide for the payment by the person to Australia for the purposes of the Research Account, in the event of the disposal otherwise than to Australia of any property of a kind referred to in the last preceding paragraph, of an amount equal to the whole, or such part as the Minister determines-

(i) in the case of a disposal by way of sale or assignment for value-of the net proceeds of the sale or assignment; and

(ii) in any other case-of the value of the property as determined by the Minister.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 8.
Australian Pig Industry Research Committee

Sub-section (1) amended by No. 61, 1981, s. 75

SECT

8. (1) For the purposes of this Act there shall be a Australian Pig Industry Research Committee.


Amended by No. 47, 1975, s. 5

SECT

(2) The functions of the Committee are to make recommendations to the Minister with respect to-

(a) the amounts to be prescribed from time to time for the purposes of paragraph (a) of sub-section (1) of section 6 of the Levy Act; and

(b) the expenditure of moneys standing to the credit of the Research Account.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 9.
Constitution of Committee

SECT

9. (1) The Committee shall consist of-

(a) six persons to represent the organization known as the Australian Commercial Pig Producers Federation;

(b) two persons to represent the organization known as the Australian Agricultural Council;

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

(d) one person to represent Australian Universities; and

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


(2) The members of the Committee-

(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 nominated member shall be appointed on the nomination of the organization or of the organizations, as the case may be, that he is to represent.


(4) 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 the last preceding sub-section to hold the vacant place for the remainder of that term.


(5) 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.


(6) 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.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 10.
Chairman of the Committee

SECT

10. The member representing the Department of Primary Industry is the Chairman of the Committee.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 11.
Deputies of members

SECT

11. (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 and, if he is the deputy of the Chairman of the Committee, shall be deemed to be the Chairman.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 12.
Removal and resignation of members and deputies

SECT

12. (1) The Minister may remove a member or the deputy of a member from office for incapacity, incompetence or misbehaviour.


(2) The Minister may, at the request of the organization or the organizations, as the case may be, that a nominated member represents, terminate the appointment of that person as a member.


(3) A member or the deputy of a member may resign his office by writing under his hand delivered to the Minister.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 13.
Quorum and voting

SECT

13. At a meeting of the Committee-

(a) the Chairman of the Committee and five other members form a quorum;

(b) the Chairman of the Committee shall preside;

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

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


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 14.
Remuneration, &c.

Substituted by No. 47, 1975, s. 6

SECT

14. (1) A member or the deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section.


(2) A member or the deputy of a member shall be paid such allowances as are prescribed.


(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.


(4) If a member or the deputy of a member is also a member of the Parliament of Australia or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) 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, in the case of a member, of his engagement (whether in Australia or overseas), with the approval of the Committee, on business of the Committee.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 15.
Appointment of advisers

SECT

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, expenses and allowances (if any) as are prescribed.


PIG INDUSTRY RESEARCH ACT 1971 - SECT. 16.
Annual report

Sub-section (1) amended by No. 216, 1973, s. 3; No. 47, 1975, s. 7

SECT

16. (1) The Committee shall, as soon as practicable after each 30 June, make a report to the Minister on the operation of this Act during the year that ended on that date and the Minister shall cause the report to be laid before each House of the Parliament.


Sub-section (2) omitted by No. 216, 1973, s. 3
* * * * * * * *

PIG INDUSTRY RESEARCH ACT 1971 - SECT. 17.
Regulations

SECT

17. 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.


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