Forestry and Timber Bureau Act 1930

Act No. 16 of 1930 as amended

[Note: This Act was repealed by Act No. 100 of 2011 on 16 September 2011]

This compilation was prepared on 2 March 2005
taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]

2 Interpretation

3 Establishment of Forestry and Timber Bureau and appointment of officers

4 Powers and functions of Bureau

5 Forestry Account

6 Receipt of donations

12A Establishment of Board of Higher Forestry Education

12B Deputies

12C Powers and functions of Board

13 Regulations

Notes

An Act to provide for the Establishment of a Forestry and Timber Bureau

1  Short title [see Note 1]

  This Act may be cited as the Forestry and Timber Bureau Act 1930.

2  Interpretation

 (1) In this Act, unless the contrary intention appears:

the Board means the Board of Higher Forestry Education constituted in pursuance of this Act.

the Bureau means the Forestry and Timber Bureau.

the Director‑General means the Director‑General, Forestry and Timber Bureau.

the Territories means the Australian Capital Territory, the Northern Territory, and Norfolk Island.

timber means all wood, whether in growing, dead, felled or fallen trees or sawn, peeled, sliced or otherwise treated.

 (2) Anything which may, by this Act, be done by a University may be done only by an authority or person authorized, either specially or by virtue of its or his general powers or functions, to act in the matter on behalf of that University.

3  Establishment of Forestry and Timber Bureau and appointment of officers

 (1) For the purposes of this Act there shall be a Forestry and Timber Bureau.

 (2) The Forestry and Timber Bureau shall be under the charge of the Director‑General who shall, subject to the direction of the Minister, be charged with the administration of this Act.

 (3) The Director‑General and staff required for the purposes of this Act must be engaged under the Public Service Act 1999.

4  Powers and functions of Bureau

  The powers and functions of the Bureau shall, subject to the regulations and the directions of the Minister, be:

 (a) advising the Administrations of the Territories on all matters pertaining to the management of forests;

 (b) the management of forests placed under its control by the Governor‑General;

 (c) the establishment of experimental stations for the study of sylviculture, forest management and forest protection;

 (d) the provision of educational facilities for the training of professional foresters;

 (e) the establishment and awarding of forestry scholarships;

 (f) the collection and distribution of forestry information;

 (g) the publication of reports and bulletins dealing with forestry;

 (ga) collecting statistics and information regarding timber supplies and requirements in Australia, and formulating programmes in respect of the supply, production and distribution of timber in Australia, and the importation into, and exportation from, Australia of timber;

 (gb) advising the Government of the Commonwealth or any instrumentality of that Government, or, when so requested, the Government of any State, or any instrumentality of the Government of any State, or any body or person, on matters relating to the supply, production and distribution of timber in Australia, and the importation into, and exportation from, Australia of timber;

 (gc) carrying out investigations and research relating to the supply, production, distribution and use of timber; and

 (h) such other functions as are prescribed.

5  Forestry Account

 (1) There is continued in existence the Forestry Account.

Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.

 (2) The Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

 (3) There must be credited to the Account:

 (a) amounts equal to donations for the furtherance of forestry that are received by the Director‑General or are otherwise received by or on behalf of the Commonwealth; and

 (b) amounts to be credited to the Account under any law.

Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.

 (4) An amount standing to the credit of the Account may be applied, in a manner approved by the Minister, for the furtherance of forestry.

 (5) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.

6  Receipt of donations

  The Director‑General may receive donations made for the furtherance of forestry.

12A  Establishment of Board of Higher Forestry Education

 (1) For the purposes of this Act, there shall be a Board of Higher Forestry Education.

 (2) The Board shall consist of not more than thirteen members.

 (3) The Director‑General shall be a member of the Board.

 (4) Each of the remaining members of the Board shall be appointed by the Minister as the representative of a State Government or of the University in a State, and shall hold office during his pleasure:

Provided that the Minister may appoint a member as representative of more than one of the State Governments and Universities, and any member so appointed shall, in all proceedings of the Board, be entitled to a separate vote in respect of each Government and University which he represents.

 (5) The Minister responsible for forestry administration in each State, and the University in each State, may each as occasion requires, recommend a person for appointment as a member of the Board to represent respectively the Government of that State and that University.

12B  Deputies

 (1) In the event of a member of the Board being unable at any time, through illness or absence from Australia, to perform his functions as a member, the Minister may appoint a person to act as deputy of the member while the member is so unable to perform his functions and the deputy may, while the member is so unable to perform his functions, exercise all the powers and functions of a member of the Board.

 (2) The Minister responsible for forestry administration in each State Government, and each University, represented by any member so unable to perform his functions may recommend a person for appointment as deputy of the member of the Board representing that Government or University.

12C  Powers and functions of Board

 (1)  Notwithstanding anything contained in this Act, the Board shall have such powers and functions in relation to any educational facilities provided by the Bureau as are prescribed.

 (2) The Board may appoint committees of its members, and may delegate to such committees, subject to the Board, any of its powers and functions.

 (3) The Board may include as members of any such committee persons who are not members of the Board, and may authorize any committee to co‑opt such persons as members of the committee.

13  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing such additional powers and functions of the Bureau as he deems desirable and for providing for the procedure (including the manner of voting) to be observed by the Board and for matters relating to the carrying out of the powers and functions of the Board.

Notes to the Forestry and Timber Bureau Act 1930

Note 1

The Forestry and Timber Bureau Act 1930 as shown in this compilation comprises Act No. 16, 1930 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 22 February 2005 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The Forestry and Timber Bureau Act 1930 was amended by Schedule 5 (item 3) only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Forestry and Timber Bureau Act 1930 was amended by Schedule 2 (item 794) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1. 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(c) The Forestry and Timber Bureau Act 1930 was amended by Schedule 1 (item 492) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

Table of Amendments

Table A

Application, saving or transitional provisions

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4  Saving of matters in Part 2 of Schedule 1

 (1) If:

 (a) a decision or action is taken or another thing is made, given or done; and

 (b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

 (2) In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

496  Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.