A Bill for an Act to amend legislation relating to research and development for primary industries, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Rural Research and Development Legislation Amendment Act 2014.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | |
| 2. Schedule 1, Part 1, Division 1 | The day after this Act receives the Royal Assent. | |
| 3. Schedule 1, Part 1, Division 2 | The later of: (a) the day after this Act receives the Royal Assent; and (b) 31 March 2015. | |
| 4. Schedule 1, Part 2 | The day after this Act receives the Royal Assent. | |
| 5. Schedule 2, Part 1 | 1 October 2014. | 1 October 2014 |
| 6. Schedule 2, Part 2 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Contributions to international organisations
Part 1—Amendments
Division 1—Amendments commencing on the day after Royal Assent
Australian Grape and Wine Authority Act 2013
1 Subsection 4(1)
Insert:
international grape and wine organisation: see section 31L.
membership contribution: see section 31L.
membership contribution amount has the same meaning as in section 37.
2 Before section 32
Insert:
31L Definitions of international grape and wine organisation and membership contribution
(1) In this Act:
international grape and wine organisation means an international commodities organisation, the activities of which relate to the grape and wine industry, that is determined under subsection (3).
membership contribution means an amount payable annually by the Commonwealth in relation to its membership of an international grape and wine organisation.
(2) For the purposes of this Act, if a membership contribution is paid by the Commonwealth otherwise than in Australian currency, the amount of the contribution is taken to be the value in Australian currency of the payment as worked out at the time of the payment.
(3) The Minister may, by legislative instrument, determine an international commodities organisation for the purposes of the definition of international grape and wine organisation in subsection (1).
3 Paragraph 32(ai)
Omit “sections 32A and 32B”, substitute “sections 32A, 32B and 37”.
4 After paragraph 35(1)(ad)
Insert:
(ae) in payment to the Commonwealth of membership contribution amounts under section 37; and
5 After section 36
Insert:
37 Membership contribution amounts payable by the Authority
(1) The payment to the Authority of amounts under paragraph 32(ai) in relation to moneys applied by the Authority in a financial year is subject to the condition under subsection (2).
(2) For the purposes of subsection (1), the condition is that the Authority pay to the Commonwealth, in accordance with subsection (3), an amount (a membership contribution amount) equal to the amount of any membership contribution that the Commonwealth has paid to an international grape and wine organisation for that year.
(3) The Authority must pay the membership contribution amount in relation to a membership contribution before the end of:
(a) 31 October next following the financial year in which the Commonwealth paid the membership contribution; or
(b) an extended period approved by the Minister.
(4) The Commonwealth may set off the membership contribution amount against its payment to the Authority of an amount under paragraph 32(ai).
Note: Paragraph 32(ai) provides for the Commonwealth to pay amounts to the Authority in relation to certain moneys applied by the Authority under subsection 35(1).
Primary Industries Research and Development Act 1989
6 Subsection 4(1)
Insert:
international organisation: see section 29A.
membership contribution: see section 29A.
membership contribution amount has the same meaning as in section 34A.
7 Before section 30
Insert:
29A Definitions of international organisation and membership contribution
(1) In this Act:
international organisation means an international commodities organisation, or an international fisheries organisation, that is determined under subsection (3), the activities of which relate to a primary industry in relation to which an R&D Corporation specified in the determination is established.
membership contribution means an amount payable annually by the Commonwealth in relation to its membership of an international organisation.
(2) For the purposes of this Act, if a membership contribution is paid by the Commonwealth otherwise than in Australian currency, the amount of the contribution is taken to be the value in Australian currency of the payment as worked out at the time of the payment.
(3) The Minister may, by legislative instrument, determine one or more international commodities organisations or international fisheries organisations, in relation to a specified R&D Corporation, for the purposes of the definition of international organisation in subsection (1).
8 Paragraph 30(1)(b)
Omit “sections 31 and 32”, substitute “sections 31, 32 and 34A”.
9 Paragraph 30(1)(b)
Omit “paragraph 33(1)(d)”, substitute “paragraphs 33(1)(d) and (daa)”.
10 Subsection 30A(2)
Omit “The”, substitute “Subject to section 34A, the”.
11 Paragraph 30A(2)(a)
Omit “paragraph 33(1)(d)”, substitute “paragraphs 33(1)(d) and (daa)”.
12 Paragraphs 30A(2)(b) and (c)
Omit “amount so spent or required to be spent by the Corporation for that financial year”, substitute “sum of the amount so spent or required to be spent by the Corporation for that financial year and the membership contribution amount for that year”.
13 Paragraph 30A(2)(d)
Omit “along”, substitute “long”.
14 Subsection 30B(3)
Omit “The”, substitute “Subject to section 34A, the”.
15 Paragraph 30B(3)(a)
Omit “paragraph 33(1)(d)”, substitute “paragraphs 33(1)(d) and (daa)”.
16 Paragraph 30B(3)(b)
Omit “amount so spent or required to be spent by the Corporation in relation to the fishery for that financial year”, substitute “sum of the amount so spent or required to be spent by the Corporation in relation to the fishery for that financial year and the membership contribution amount for that year”.
17 Paragraph 32(1A)(a)
After “attached”, insert “to”.
18 After paragraph 33(1)(d)
Insert:
(daa) in payment to the Commonwealth of membership contribution amounts under section 34A; and
19 After section 34
Insert:
34A Membership contribution amounts payable by R&D Corporations
(1) This section applies to an R&D Corporation specified in a determination under subsection 29A(3) in relation to one or more international organisations.
(2) The payment to the Corporation of amounts under paragraph 30(1)(b) or subsection 30A(2) or 30B(3) in relation to amounts spent by the Corporation in a financial year is subject to the condition under subsection (3).
(3) For the purposes of subsection (2), the condition is that the Corporation pay to the Commonwealth, in accordance with subsection (4), an amount (a membership contribution amount) equal to the amount of any membership contribution that the Commonwealth has paid to the international organisation (or organisations) for that year.
(4) The Corporation must pay the membership contribution amount in relation to a membership contribution before the end of:
(a) 31 October next following the financial year in which the Commonwealth paid the membership contribution; or
(b) an extended period approved by the Minister.
(5) The Commonwealth may set off the membership contribution amount against its payment to the Corporation of an amount under paragraph 30(1)(b) or subsection 30A(2) or 30B(3).
Note: Paragraph 30(1)(b) and subsections 30A(2) and 30B(3) provide for the Commonwealth to pay amounts to an R&D Corporation in relation to certain money spent by the Corporation under section 33.
Division 2—Amendments commencing on the later of the day after Royal Assent and 31 March 2015
Sugar Research and Development Services Act 2013
20 Section 4
Insert:
international sugar organisation: see section 5A.
21 Section 4 (paragraph (c) of the definition of matching amounts)
Omit “regulations”, substitute “rules”.
22 Section 4
Insert:
membership contribution: see section 5A.
membership contribution amount: see section 5A.
23 Section 5
Omit:
The second kind of payments (called matching payments):
(a) are to be spent by the company on research and development benefiting the Australian sugar industry and the Australian community generally, and on payments of the Commonwealth’s expenses relating to the collection of amounts it receives from the industry as primary industry levies and related payments; and
substitute:
The second kind of payments (called matching payments):
(a) are to be spent by the company on research and development benefiting the Australian sugar industry and the Australian community generally, as well as on certain payments to the Commonwealth; and
24 After section 5
Insert:
5A Definitions of international sugar organisation, membership contribution and membership contribution amount
(1) In this Act:
international sugar organisation means an international commodities organisation, the activities of which relate to the sugar industry, that is specified in a funding contract.
membership contribution means an amount payable annually by the Commonwealth in relation to its membership of an international sugar organisation.
membership contribution amount, in relation to a financial year, means an amount equal to the amount of any membership contribution that the Commonwealth has paid to an international sugar organisation for that year.
(2) For the purposes of this Act and a funding contract, if a membership contribution is paid by the Commonwealth otherwise than in Australian currency, the amount of the contribution is taken to be the value in Australian currency of the payment as worked out at the time of the payment.
25 After subparagraph 6(2)(b)(i)
Insert:
(ia) payments by the company to the Commonwealth, as provided for under paragraph (ba), of membership contribution amounts;
26 After paragraph 6(2)(b)
Insert:
(ba) matching payments to the company for a financial year are made subject to the condition that the company pay to the Commonwealth the membership contribution amount for that year; and
(bb) the Commonwealth may set off the membership contribution amount for a financial year against any matching payment it makes to the company; and
27 Subsection 7(3A)
Omit “regulations”, substitute “rules”.
Part 2—Application of amendments
28 Amendments of the Australian Grape and Wine Authority Act 2013
The amendments of the Australian Grape and Wine Authority Act 2013 made by Division 1 of Part 1 apply in relation to membership contributions paid by the Commonwealth in the financial year starting on 1 July 2014 and later financial years.
29 Amendments of the Primary Industries Research and Development Act 1989
The amendments of the Primary Industries Research and Development Act 1989 made by Division 1 of Part 1 apply in relation to membership contributions paid by the Commonwealth in the financial year starting on 1 July 2014 and later financial years.
30 Amendments of the Sugar Research and Development Services Act 2013
The amendments of the Sugar Research and Development Services Act 2013 made by Division 2 of Part 1 apply in relation to membership contributions paid by the Commonwealth in the financial year starting on 1 July 2014 and later financial years.
Schedule 2—Deregulation amendments
Part 1—Amendments commencing on 1 October 2014
Australian Meat and Live‑stock Industry Act 1997
1 Division 4 of Part 3
Repeal the Division.
Dairy Produce Act 1986
2 Subsections 5(6) and (7)
Repeal the subsections.
3 Subsection 13(2)
Repeal the subsection.
4 Section 14
Repeal the section.
5 Subclause 79C(1) of Schedule 2
Omit “(1)”.
6 Subclause 79C(2) of Schedule 2
Repeal the subclause.
Forestry Marketing and Research and Development Services Act 2007
7 Subsections 8(6) and (7)
Repeal the subsections.
Sugar Research and Development Services Act 2013
8 Subsections 6(6) and (7)
Repeal the subsections.
Part 2—Amendments commencing on the day after Royal Assent
Primary Industries Research and Development Act 1989
9 Section 142
Repeal the section.