Horticultural Research and Development Corporation Act 1987

No. 166 of 1987

An Act to establish a Horticultural Research and Development Corporation, and for related purposes

[Assented to 26 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Horticultural Research and Development Corporation Act 1987.

Commencement

2. (1) This Act (other than Part II) shall come into operation on the day on which it receives the Royal Assent.

(2) Part II shall come into operation on a day to be fixed by Proclamation.

Interpretation

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

“appoint” includes re-appoint;

“Australian horticultural industry” means any industry carried on in Australia in connection with:

(a) producing horticultural products by:

(i) growing or harvesting; or

(ii) processing Australian horticultural products; or

(b) handling, storing, transporting, processing or marketing Australian horticultural products;

“Australian horticultural products” means:

(a) horticultural products grown or harvested in Australia;

(b) horticultural products produced by the processing in Australia of products referred to in paragraph (a); or

“Chairperson” means:

(a) in relation to the Corporation—the Chairperson of the Corporation; and

(b) in relation to the Selection Committee—the Chairperson of the Selection Committee;

“Corporation” means the Horticultural Research and Development Corporation;

“cut flowers and foliage” includes processed cut flowers and foliage;

“Deputy Chairperson” means the Deputy Chairperson of the Corporation;

“eligible industry body” means a body prescribed by the regulations for the purposes of the provision in which the expression is used;

“Executive Director” means the Executive Director of the Corporation;

“Export Charge Act” means the Horticultural Export Charge Act 1987;

“Export Charge Collection Act” means the Horticultural Export Charge Collection Act 1987;

“fruits” includes processed fruits;

“government member” means the government member of the Corporation;

“horticultural products” means:

(a) fruits;

(b) vegetables;

(d) nursery products;

(e) cut flowers and foliage; and

(f) products in a class of products prescribed for the purposes of this paragraph;

but does not include products in a class of products that are declared by the regulations not to be horticultural products for the purposes of this definition;

“horticultural research and development” means:

(a) systematic experimentation or analysis in any field of science, technology, marketing or economics carried out with the object of acquiring knowledge that might be useful in improving the efficiency and competitiveness of Australian horticultural industries; or

(b) the application of knowledge (whether or not acquired by activities referred to in paragraph (a)) for the purpose of improving the efficiency and competitiveness of Australian horticultural industries;

and, without limiting the generality of paragraphs (a) and (b), includes:

(i) methods of:

(a) growing, harvesting or otherwise producing horticultural products; or

(b) handling, storing, transporting, processing or marketing horticultural products; and

(ii) equipment and techniques for doing activities referred to in subparagraph (i);

(d) the dissemination of information, and the provision of advice and assistance, to Australian horticultural industries for the purpose of encouraging the adoption of scientific and technological developments to improve their efficiency and competitiveness;

(e) the publication of reports, periodicals, books and papers containing scientific, technical, marketing or economic information that might be useful in improving the efficiency and competitiveness of Australian horticultural industries; and

(f) any activity incidental to an activity referred to in paragraphs (a) to (e) (inclusive);

“Levy Act” means the Horticultural Levy Act 1987;

“Levy Collection Act” means the Horticultural Levy Collection Act 1987;

“member” includes:

(a) in relation to the Corporation—the Chairperson of the Corporation, the Deputy Chairperson, the government member and the Executive Director; and

(b) in relation to the Selection Committee—the Chairperson of the Selection Committee;

“nominated member” means:

(a) in relation to the Corporation—a member of the Corporation other than the Chairperson, the government member or the Executive Director; or

(b) in relation to the Selection Committee—a member of the Selection Committee appointed on the nomination of eligible industry bodies;

“nursery products” includes trees, shrubs, plants, seeds, bulbs, corms, tubers, propagating material and plant tissue cultures, grown for ornamental purposes or for producing fruits, vegetables, nuts, or cut flowers or foliage;

“nuts” includes processed nuts;

“order” means an order made under the regulations;

“Parliament”, in relation to the Northern Territory, means the Legislative Assembly of the Northern Territory;

“prescribed” includes prescribed by an order;

“process”, in relation to a product, means the performance of any operation in relation to the product, and includes the chilling, freezing, drying, bottling, packing, canning or preserving of the product, but does not include the performance of an operation included in a class of operations prescribed for the purposes of this definition, either generally or in relation to the product or a class of products in which the product is included;

“product” includes a thing occurring naturally;

“regulations” includes orders;

“Research Councils Selection Committee” means the Research Councils Selection Committee established by the Rural Industries Research Act 1985;

“securities” includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments and documents;

“Selection Committee” means the Horticultural Research and Development Corporation Selection Committee;

“State” includes the Northern Territory;

“this Act” includes the regulations;

“vegetables” includes:

(a) mushrooms and other edible fungi; and

(b) processed vegetables (including mushrooms and other edible fungi).

(2) A reference in this Act to dealing with securities includes a reference to:

(a) creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing and reselling securities;

(b) creating, selling, purchasing and reselling rights and options in relation to securities; and

PART II—THE HORTICULTURAL RESEARCH AND DEVELOPMENT CORPORATION

Division 1—Establishment, functions and powers of Corporation

Establishment

4. A corporation by the name of the Horticultural Research and Development Corporation is established by this section.

Objects

5. The objects of the establishment of the Corporation are:

(a) to improve the efficiency and competitiveness of Australian horticultural industries by:

(i) identifying priority areas of horticultural research and development;

(ii) improving the efficiency and effectiveness of horticultural research and development;

(iii) making more effective use of the resources available for horticultural research and development; and

(iv) making more effective use of the skills available in the community in general, and in the scientific community in particular, for horticultural research and development;

(b) to develop in Australian horticultural industries an awareness of the contribution that can be made by horticultural research and development in improving their efficiency and competitiveness; and

Functions

6. The functions of the Corporation are:

(a) to investigate and evaluate the requirements for horticultural research and development and, on the basis of such investigation and evaluation:

(i) to prepare a research and development plan under section 26; and

(ii) to review and revise the research and development plan;

(b) to prepare a research and development program under section 27 for each financial year;

(d) to monitor, and to report to the Parliament, the Minister and Australian horticultural industries on, horticultural research and development projects that are carried out or funded, in whole or in part, by the Corporation; and

(e) such other functions in relation to Australian horticultural industries as are conferred on the Corporation by or under this Act or any other Act.

Powers

7. (1) Subject to sub-section (2), the Corporation has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:

(a) make applications, including joint applications, for patents;

(b) deal with patents vested in the Corporation or in the Corporation and other persons;

(d) enter into agreements under section 8 for the carrying out of horticultural research and development projects by other persons;

(e) enter into agreements under section 9 for the carrying out of horticultural research and development projects by the Corporation and other persons;

(f) accept gifts, grants, bequests and devises made to it, and act as trustee of money and other property vested in it on trust; and

(g) do any thing incidental to any of its powers.

(2) The Corporation shall not, except with the Minister’s written approval, enter into a contract or agreement for the purchase of real or personal property for an amount exceeding $100,000 or, if a higher amount is prescribed for the purposes of this sub-section, the higher amount.

Agreements for carrying out horticultural research and development projects by other persons

8. (1) Without limiting the generality of sub-section 7 (1), the Corporation may enter into an agreement with a person for the carrying out of a horticultural research and development project by the person.

(2) Without limiting the matters that may be included in the agreement, the agreement may:

(a) provide for:

(i) the money provided under the agreement, and any property acquired or goods produced with that money, or with money

that includes that money, to be used for the purposes specified in the agreement; and

(ii) the payment by the person to the Corporation of an amount equal to the whole, or such part as the Corporation determines, of the money provided under the agreement if any of the money provided under the agreement, or any of the property or goods referred to in subparagraph (i), is or are used for a purpose not specified in the agreement;

(b) make provision with respect to:

(i) the assigning of inventions and interests in inventions;

(ii) the applying for patents for inventions;

(iii) the making, using, exercising and vending of patented inventions; and

(iv) the granting of licences under patented inventions;

being inventions made in the course of undertaking the horticultural research and development project or doing any other act or thing with that money or with money that includes that money;

(c) provide for the payment by the person to the Corporation of an amount equal to the whole, or such part as the Corporation determines, of any net income derived by the person from:

(i) property acquired or goods produced with money provided under the agreement or with money that includes that money; or

(ii) patents for, or interests in, inventions made, or interests in any other property acquired, in the course of undertaking the horticultural research and development project or doing any other act or thing with that money or with money that includes that money;

(d) provide for the assignment by the person to the Corporation of any property or goods referred to in subparagraph (c) (i) or of any patents or interests referred to in subparagraph (c) (ii); and

(e) provide for the payment by the person to the Corporation, in the event of the disposal (otherwise than to the Corporation) of any property, goods, patents or interests referred to in paragraph (c), of an amount equal to the whole, or such part as the Corporation determines, of:

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

(ii) in any other case—the value of the property, goods, patents or interests as determined by the Corporation.

Agreements for carrying out horticultural research and development projects with other persons

9. (1) Without limiting the generality of sub-section 7 (1), the Corporation may enter into an agreement with a person for the carrying out of a horticultural research and development project by the Corporation and the person.

(2) Without limiting the matters that may be included in the agreement, the agreement shall specify:

(a) the objectives of the project;

(b) the expected duration of the project;

(d) the basis for the distribution of profits and other benefits derived from the project.

Consultations with industry representatives etc.

10. (1) Without limiting the generality of sub-section 7 (1), the Corporation may make arrangements for consulting:

(a) persons and bodies representative of Australian horticultural industries; and

(b) Commonwealth, State and Territory authorities concerned with:

(i) Australian horticultural industries; or

(ii) the export of Australian horticultural products.

(2) Arrangements made by the Corporation under sub-section (1) may provide for:

(a) the Corporation’s agreeing to meet travel expenses reasonably incurred by a person in connection with consultations with the Corporation; and

(b) subject to written guidelines given to the Corporation by the Minister, the Corporation’s agreeing to meet expenses (other than travel expenses) reasonably incurred by an eligible industry body, or a member of an eligible industry body, in connection with consultations with the Corporation.

Division 2—Constitution and meetings of Corporation

Corporation is body corporate etc.

11. (1) The Corporation:

(a) is a body corporate with perpetual succession;

(b) shall have a common seal;

(d) may sue and be sued in its corporate name.

(2) The common seal of the Corporation shall be kept in such custody as the Corporation directs and shall not be used except as authorised by the Corporation.

(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Corporation appearing on a document and shall presume that it was duly affixed.

Constitution of Corporation

12. (1) The Corporation consists of the following members:

(a) the Chairperson;

(b) the government member;

(d) 6 other members.

(2) The performance of the functions, and the exercise of the powers, of the Corporation are not affected by reason only of vacancies in the membership of the Corporation.

Chairperson

13. The Chairperson of the Corporation may be referred to as the Chairman or Chairwoman, as the case requires.

Deputy Chairperson

14. (1) The Minister shall appoint a nominated member of the Corporation to be the Deputy Chairperson of the Corporation.

(2) The Minister shall, before appointing a person to be the Deputy Chairperson, consult with the Chairperson of the Corporation.

(3) The Minister may at any time terminate an appointment made under sub-section (1).

(4) A person appointed as Deputy Chairperson ceases to hold the office if the person ceases to be a nominated member of the Corporation.

(5) A person appointed as Deputy Chairperson may resign the office by writing signed by the person and delivered to the Minister.

(6) During any period when:

(a) the office of Chairperson of the Corporation is vacant (whether or not an appointment has previously been made to the office); or

(b) the Chairperson of the Corporation is absent from Australia or is, for any reason, unable to perform the duties of the office;

the Deputy Chairperson shall act as Chairperson.

(7) The Deputy Chairperson has, when acting as Chairperson, all the powers, duties, rights and entitlements of the Chairperson of the Corporation.

(8) The Deputy Chairperson of the Corporation may be referred to as the Deputy Chairman or Deputy Chairwoman, as the case requires.

(9) Anything done by or in relation to a person purporting to act as Chairperson under sub-section (6) is not invalid because:

(a) there was a defect or irregularity in connection with the appointment of the person as Deputy Chairperson;

(b) the appointment of the person as Deputy Chairperson had ceased to have effect; or

Appointment of members

15. (1) The members of the Corporation (other than the Executive Director) shall be appointed by the Minister.

(2) The Minister shall not appoint a person to be the government member unless the Minister is satisfied that the person has experience in, and knowledge of:

(a) the formulation of government policy; and

(b) public administration.

(3) The nominated members of the Corporation shall be appointed from persons nominated by the Selection Committee under section 61.

(4) The Minister shall not appoint a person who has attained 65 years of age as a member of the Corporation unless the Minister is satisfied that the person has expertise required by the Corporation.

(5) The appointment of a person as a member of the Corporation is not invalid because of a defect or irregularity in connection with the person’s nomination or appointment.

Members of executive of eligible industry bodies not eligible for appointment etc.

16. Subject to the regulations, a person who is a member of the executive of an eligible industry body shall not be appointed as a member of the Corporation, and a member of the Corporation who becomes a member of the executive of an eligible industry body ceases to hold office as a member of the Corporation.

Term of office

17. (1) A member of the Corporation (other than the Executive Director):

(a) shall be appointed with effect from the day specified in the instrument of appointment; and

(b) holds office, subject to this Act:

(i) in the case of a member other than the government member—for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible for re-appointment in accordance with this Act; and

(ii) in the case of the government member—during the Minister’s pleasure.

(2) If a member of the Corporation (other than the government member or the Executive Director) ceases to hold office before the end of the term of appointment, another person may, in accordance with this Act, be appointed in the member’s place until the end of the term.

(3) The Minister shall not appoint a person as a member of the Corporation for a term that extends beyond the day on which the person will attain 65 years of age unless the Minister is satisfied that the person has expertise required by the Corporation.

Members (other than Executive Director) hold office on part time basis

18. The members of the Corporation (other than the Executive Director) hold office on a part time basis.

Remuneration and allowances

19. (1) A member of the Corporation shall be paid such remuneration as is determined by the Remuneration Tribunal.

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

(3) Where:

(a) a person who is a member of the Corporation is a member of, or a candidate for election to, the Parliament of a State; and

(b) under the law of the State, the person would not be eligible to remain, or to be elected, as a member of that Parliament if the person were entitled to remuneration or allowances under this Act;

the person shall not be paid remuneration or allowances under this Act, but shall be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

(4) Where a person who is a member of the Corporation:

(a) is a member of the Parliament of a State, but sub-section (3) does not apply in relation to the person;

(b) is in the service or employment of a State, or an authority of a State, on a full time basis; or

it is a condition of the person’s holding office under this Act that the person pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to the amount of remuneration.

(5) An amount payable under sub-section (4) to a State by a person is a debt due to the State, and the State may recover the amount by action against the person in a court of competent jurisdiction.

(6) This section has effect subject to the Remuneration Tribunals Act 1973.

(7) This section does not apply in relation to the Executive Director.

Leave of absence

20. (1) The Minister may grant leave of absence to the Chairperson of the Corporation on such terms and conditions as the Minister considers appropriate.

(2) The Chairperson may grant leave of absence to another member of the Corporation (other than the Executive Director) on such terms and conditions as the Chairperson considers appropriate.

Resignation

21. A member of the Corporation (other than the Executive Director) may resign by writing signed and delivered to the Minister.

Disclosure of interests

22. (1) Where:

(a) a member of the Corporation has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Corporation; and

(b) the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Corporation.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of the Corporation.

Termination of appointment

23. (1) The Minister may terminate the appointment of the Chairperson or a nominated member of the Corporation for misbehaviour or physical or mental incapacity.

(2) If:

(a) the Chairperson or a nominated member of the Corporation becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b) the Chairperson or a nominated member of the Corporation, without reasonable excuse, contravenes section 22;

(c) the Chairperson of the Corporation is absent, except with the leave of the Minister, from 3 consecutive meetings of the Corporation; or

(d) a nominated member of the Corporation is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Corporation;

the Minister shall terminate the member’s appointment.

Terms and conditions of appointment not provided for by Act

24. A member of the Corporation (other than the Executive Director) holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.

Meetings

25. (1) Subject to sub-section (2), meetings of the Corporation shall be held at such times and places as the Corporation from time to time determines.

(2) The Chairperson of the Corporation may at any time convene a meeting of the Corporation.

(3) The Chairperson of the Corporation shall preside at all meetings of the Corporation at which the Chairperson is present.

(4) If the Chairperson and Deputy Chairperson of the Corporation are not present at a meeting of the Corporation, the members present shall appoint one of their number to preside at the meeting.

(5) At a meeting of the Corporation:

(a) 5 members constitute a quorum;

(b) a question shall be decided by a majority of the votes of the members present and voting; and

(6) The Corporation shall keep minutes of its proceedings.

(7) The Corporation may invite a person to attend a meeting for the purpose of advising or informing it on any matter.

Division 3—Research and development plan and annual programs

Research and development plan

26. (1) The Corporation shall, as soon as practicable after the commencement of this Part, prepare a research and development plan.

(2) The Corporation shall, in each financial year to which the research and development plan relates and not later than 1 April, review and revise the plan.

(3) The Corporation:

(a) may, at any other time, revise the research and development plan; and

(b) shall revise the research and development plan if the Minister requests it, in writing, to revise the plan and gives reasons for the request.

(4) The research and development plan as prepared under sub-section (1) shall include a statement of the objectives of the Corporation for:

(a) if the plan is prepared in the first 9 months of a financial year, the financial year in which the plan is prepared and the 4 subsequent financial years; or

(b) if the plan is prepared in the last 3 months of a financial year, the next financial year and the 4 subsequent financial years.

(5) The research and development plan as revised under sub-section (2) shall include a statement of the objectives of the Corporation for the financial year immediately following the financial year in which the research and development plan is revised and the 4 subsequent financial years.

(6) The research and development plan shall also outline the strategies and policies that the Corporation intends to adopt in order to achieve its objectives.

(7) The research and development plan, and a revision of the research and development plan:

(a) shall be submitted to the Minister as soon as practicable after it is prepared; and

(b) has no effect until it is approved, in writing, by the Minister.

(8) Before preparing or revising the research and development plan, the Corporation shall consult with eligible industry bodies.

Annual research and development programs

27. (1) When the Corporation is preparing the research and development plan under sub-section 26 (1) or revising the research and development plan under sub-section 26 (2), it shall prepare a research and development program for the earliest financial year to which the research and development plan or the research and development plan as so revised, as the case may be, will relate.

(2) The research and development program for a financial year shall:

(a) specify the particular horticultural research and development projects that the Corporation proposes to carry out or fund, in whole or part, during the financial year;

(b) estimate the amount likely to be expended by the Corporation during the financial year in relation to each of those projects;

(c) describe the classes of additional horticultural research and development projects (if any) that the Corporation is prepared to

consider carrying out or funding, in whole or in part, during the financial year; and

(d) estimate the total amount likely to be expended by the Corporation during the financial year.

(3) If the Minister is of the opinion that the research and development program is inconsistent with the research and development plan, the Minister may, in writing, request the Corporation to revise the program.

(4) The Corporation may, at any time, revise the research and development program, and shall revise the program if the Minister requests it under sub-section (3) to do so and gives written reasons for the request.

(5) Before preparing or revising a research and development program, the Corporation shall consult with eligible industry bodies.

(6) A research and development program, and a revision of a research and development program:

(a) shall be submitted to the Minister as soon as practicable after it is prepared; and

(b) has no effect until it is approved, in writing, by the Minister.

(7) The Minister shall approve a research and development program, or a revision of a research and development program, unless the Minister is of the opinion that the program, or the program as proposed to be revised, as the case may be, is inconsistent with the research and development plan.

Corporation to comply with plan and programs

28. To the extent that it is practicable to do so, the Corporation shall ensure that the performance of its functions, and the exercise of its powers, is consistent with, and designed to give effect to, the research and development plan and the applicable research and development program.

Division 4—Accountability

Annual report

29. (1) Without limiting the matters that the Corporation may include in its annual report for a period, the Corporation shall include in the report:

(a) particulars of:

(i) the horticultural research and development projects that it carried out or funded, in whole or in part, during the period;

(ii) the amount that it expended during the period in relation to each of those projects;

(iii) revisions of the research and development plan agreed to by the Minister during the period; and

(iv) significant acquisitions and dispositions of real property by it during the period;

(b) an assessment of the extent to which its operations during the period have:

(i) achieved its objectives as stated in the research and development plan; and

(ii) implemented each research and development program applicable to the period; and

(c) an assessment of the usefulness, in improving the efficiency and competitiveness of Australian horticultural industries, of the horticultural research and development projects that it carried out or funded, in whole or in part, during the period.

(2) If this Part does not commence at the beginning of a financial year, section 63h of the Audit Act 1901 has effect in relation to the period commencing on the commencement of this Part and ending on the next 30 June as if:

(a) if the period is less than 6 months, the period were included in the next financial year; or

(b) in any other case—the period were a financial year.

Accountability to horticultural industries

30. The Chairperson of the Corporation shall, as soon as practicable after an annual report of the Corporation has been given to the Minister, provide copies of the report to each eligible industry body and:

(a) make arrangements with each eligible industry body to which this paragraph applies to attend the next annual conference of the body or a meeting of the executive of the body; and

(b) convene a meeting with representatives of the other eligible industry bodies;

for the purpose of enabling:

(d) the Chairperson to deliver an address in relation to:

(i) the activities of the Corporation in the period to which the report relates; and

(ii) the intended activities of the Corporation in the financial year following the end of the period; and

(e) the Chairperson to be questioned in relation to those activities.

Division 5—Executive Director

Executive Director

31. There shall be an Executive Director of the Corporation.

Duties

32. (1) The Executive Director shall conduct the affairs of the Corporation.

(2) The Executive Director shall act in accordance with any policies determined by, and any directions given by, the Corporation.

(3) All acts and things done in the name of, or on behalf of, the Corporation by the Executive Director shall be deemed to have been done by the Corporation.

Appointment

33. (1) The Executive Director shall be appointed by the Corporation.

(2) The Chairperson, the government member or a nominated member of the Corporation shall not be appointed as the Executive Director.

(3) The Corporation shall not appoint a person who has attained 65 years of age as Executive Director.

(4) The appointment of a person as Executive Director is not invalid because of a defect or irregularity in connection with the person’s appointment.

Term of appointment etc.

34. (1) The Executive Director:

(a) shall be appointed with effect from the day specified in the instrument of appointment; and

(b) holds office during the Corporation’s pleasure.

(2) The Executive Director ceases to hold office on attaining 65 years of age.

Executive Director not to engage in other paid employment

35. The Executive Director shall not engage in paid employment outside the duties of the office except with the approval of the Corporation.

Remuneration and allowances

36. (1) The Executive Director shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2) The Executive Director shall be paid such allowances as are prescribed.

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

Leave of absence

37. The Chairperson of the Corporation may grant leave of absence to the Executive Director on such terms and conditions, whether as to remuneration or otherwise, as are determined by the Corporation with the written approval of the Minister.

Resignation

38. The Executive Director may resign by writing signed and delivered to the Chairperson of the Corporation.

Disclosure of interests

39. The Executive Director shall give written notice to the Chairperson of the Corporation of all direct or indirect pecuniary interests that the Executive Director has or acquires in any business or in any body corporate carrying on any business.

Acting Executive Director

40. (1) The Corporation may appoint a person (other than a member of the Corporation) to act as Executive Director:

(a) during a vacancy in the office of Executive Director (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Executive Director is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.

(2) An appointment under sub-section (1) may be expressed to have effect only in specified circumstances.

(3) Where:

(a) a person is acting under paragraph (1) (b); and

(b) the office of Executive Director becomes vacant;

then, subject to sub-section (2) and paragraph (5) (b), the person may continue to act until the vacancy is filled.

(4) A person acting as Executive Director has all the powers and duties of the Executive Director.

(5) The Corporation may:

(a) with the written approval of the Minister, determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed to act as Executive Director; and

(b) terminate the appointment at any time.

(6) A person appointed to act as Executive Director may resign the appointment by writing signed by the person and delivered to the Chairperson of the Corporation.

(7) Anything done by or in relation to a person purporting to act as Executive Director is not invalid because:

(a) the occasion for the appointment had not arisen;

(b) there was a defect or irregularity in connection with the appointment;

(d) the occasion for the person to act as Executive Director had not arisen or had ceased.

Exclusion of Executive Director etc. from certain deliberations

41. (1) The Executive Director shall not be present during any deliberation of the Corporation or a committee of the Corporation, or take part in any decision of the Corporation or a committee of the Corporation, with respect to:

(a) the appointment of a person as Executive Director;

(b) the determination or application of any terms and conditions on which a person appointed as Executive Director holds office or may be granted leave;

(d) the giving or refusing of approval for the Executive Director to engage in paid employment outside the duties of the office.

(2) A person appointed to act as Executive Director shall not be present during any deliberation of the Corporation or a committee of the Corporation, or take part in any decision of the Corporation or a committee of the Corporation, with respect to:

(a) the appointment of a person as Executive Director or to act as Executive Director;

(b) the determination or application of any terms and conditions on which the Executive Director, or a person appointed to act as Executive Director, holds office or may be granted leave;

(d) the giving or refusing of approval for the Executive Director, or a person acting as Executive Director, to engage in paid employment outside the duties of the office.

Terms and conditions of appointment not provided for by Act

42. The Executive Director holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Corporation with the written approval of the Minister.

Division 6—Employees and consultants

Employees

43. (1) The Corporation may engage such employees as it considers necessary for the performance of its functions and the exercise of its powers.

(2) The terms and conditions of employment shall be determined by the Corporation.

Consultants

44. (1) The Corporation may engage persons having suitable qualifications and experience as consultants to the Corporation.

(2) The terms and conditions of engagement shall be determined by the Corporation.

Division 7—Finance

Payment of amounts of levy and charge to Corporation

45. (1) There shall be paid to the Corporation amounts equal to:

(a) amounts of levy received by the Commonwealth by virtue of section 9 of the Levy Act; and

(b) amounts received by the Commonwealth by way of penalty under section 8 of the Levy Collection Act in relation to amounts of levy referred to in paragraph (a).

(2) There shall be paid to the Corporation amounts equal to:

(a) amounts of charge received by the Commonwealth by virtue of section 9 of the Export Charge Act; and

(b) amounts received by the Commonwealth by way of penalty under section 8 of the Export Charge Collection Act in relation to amounts of charge referred to in paragraph (a).

(3) Amounts payable under sub-sections (1) and (2) shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

(4) The reference in paragraph (1) (a) to amounts of levy received by the Commonwealth by virtue of section 9 of the Levy Act includes a reference to amounts received by the Commonwealth by virtue of paragraph 7 (1) (a) of the Levy Collection Act in relation to amounts of such levy, and the reference in paragraph (2) (a) to amounts of charge received by the Commonwealth by virtue of section 9 of the Export Charge Act includes a reference to amounts received by the Commonwealth by virtue of paragraph 7 (1) (a) of the Export Charge Collection Act in relation to amounts of such charge.

(5) The reference in paragraph (1) (b) to amounts received by the Commonwealth by way of penalty under section 8 of the Levy Collection Act includes a reference to amounts received by the Commonwealth by virtue of paragraph 7 (1) (b) of that Act, and the reference in paragraph (2) (b) to amounts received by the Commonwealth by way of penalty under section 8 of the Export Charge Collection Act includes a reference to amounts received by the Commonwealth by virtue of paragraph 7 (1) (b) of that Act.

Matching payments by Commonwealth

46. (1) Subject to sub-sections (3) and (5), there shall be paid to the Corporation an amount equal to one-half of each amount required to be expended by the Corporation.

(2) Amounts payable under sub-section (1) shall be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

(3) The sum of the amounts paid to the Corporation under sub-section (1) shall not exceed the sum of:

(a) the amounts paid to the Corporation under paragraphs 45 (1) (a) and (2) (a); and

(b) amounts in relation to which sub-section (4) applies;

less the sum of the amounts paid by the Corporation under sub-section 11 (3) of the Levy Collection Act and sub-section 11 (3) of the Export Charge Collection Act.

(4) Where the Corporation accepts an amount paid to it by way of gift, grant, bequest or devise or on trust, the Corporation may, subject to the regulations, determine that this sub-section applies in relation to the amount.

(5) The sum of:

(a) the amounts paid to the Corporation under sub-section (1) in a financial year (in paragraph (c) called the “current financial year”); and

(b) the amounts paid to the Corporation under that sub-section in earlier financial years;

in relation to amounts required to be expended by the Corporation in relation to particular horticultural products shall not exceed the sum of:

(c) 0.5% of the amount determined by the Minister, in writing and in accordance with a method specified in the regulations, to be the gross value of production of those products in the current financial year; and

(d) 0.5% of the amounts determined by the Minister, in writing and in accordance with such a method, to be the gross value of production of those products in those earlier financial years.

(6) If this Part does not commence at the beginning of a financial year, a reference in sub-section (5) to a financial year does not include a reference to the financial year that commenced on the 1 July immediately preceding the commencement of this Part.

Expenditure of money of Corporation

47. (1) The money of the Corporation may be expended only:

(a) in payment or discharge of the expenses and liabilities incurred by:

(i) the Corporation; or

(ii) the Selection Committee on behalf of the Commonwealth;

(b) in payment of remuneration and allowances payable under this Act; and

(c) in making any other payments that the Corporation is authorised or required to make by or under this Act or another Act.

(2) The Corporation is liable to pay the expenses, and discharge the liabilities, incurred by the Selection Committee on behalf of the Commonwealth.

Separate accounts

48. (1) The regulations may require the Corporation to keep separate accounts in relation to specified classes of horticultural products, and may specify the amounts to be credited and debited to such an account and the manner in which such amounts are to be calculated.

(2) Where the regulations require the Corporation to keep a separate account in relation to a class of horticultural products, the regulations may make provision in relation to the expenditure of money standing to the credit of the account, including the application of money standing to the credit of the account if, and when, the account ceases to exist.

Borrowing and raising of money

49. (1) The Corporation may, with the written approval of the Minister:

(a) borrow money; or

(b) raise money otherwise than by borrowing;

on terms and conditions that are specified in, or consistent with, the approval.

(2) Without limiting the generality of sub-section (1), the Corporation may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.

(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.

(4) An approval may be given under sub-section (1) in relation to a particular transaction or a class of transactions.

(5) The Corporation may not borrow, or raise money otherwise than by borrowing, except in accordance with this section.

(6) For the purposes of this section:

(a) the issue by the Corporation of an instrument acknowledging a debt in consideration of:

(i) the payment or deposit of money; or

(ii) the provision of credit;

otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of the Corporation, shall be

deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and

(b) the obtaining of credit by the Corporation otherwise than in relation to a transaction that is in the ordinary course of the day to day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.

Guarantee of borrowings and raisings of money

50. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract:

(a) guaranteeing the repayment by the Corporation of money borrowed under paragraph 49 (1) (a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed; or

(b) guaranteeing the payment by the Corporation of such amounts (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 49 (1) (b) as are specified in the contract.

(2) The Treasurer may, in writing, determine:

(a) that the repayment by the Corporation of money borrowed under paragraph 49 (1) (a), and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or

(b) that the payment by the Corporation of such money (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 49 (1) (b) as is specified in the determination is guaranteed by the Commonwealth;

and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.

(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or a class of transactions.

(4) A contract entered into under sub-section (1) may include either or both of the following provisions:

(a) a provision agreeing that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;

(b) a provision waiving the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.

Corporation may give security

51. The Corporation may give security over the whole or any part of its land or other assets for:

(a) the repayment by the Corporation of money borrowed by it under paragraph 49 (1) (a) and the payment by it of interest (including any interest on that interest) on money so borrowed;

(b) the payment by the Corporation of amounts (which may be interest) that it is liable to pay with respect to money raised by it under paragraph 49 (1) (b); or

(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 50 (1) or as a result of a determination made under sub-section 50 (2).

Application of Division 2 of Part XI of Audit Act

52. It is hereby declared that the Corporation is a public authority to which Division 2 of Part XI of the Audit Act 1901 applies.

Liability to taxation

53. (1) The Corporation is subject to taxation (other than income tax) under the laws of the Commonwealth.

(2) Subject to sub-sections (3) and (4), the Corporation is not subject to taxation under a law of a State or Territory.

(3) The regulations may provide that sub-section (2) does not apply in relation to:

(a) a specified law of a State or Territory; or

(b) laws in a specified class of laws of a State or Territory.

(4) Stamp duty under the law of a State or a Territory is payable by the Corporation in respect of transactions entered into by, and instruments and documents executed by or on behalf of, the Corporation.

Division 9—Miscellaneous

Committees

54. (1) The Corporation may establish committees to assist it in the performance of its functions and the exercise of its powers.

(2) A committee may be constituted wholly by members of the Corporation or partly by members of the Corporation and partly by other persons.

(3) The Corporation may fix the number of members of a committee required to constitute a quorum at a meeting of the committee.

(4) Section 19 applies in relation to a member of a committee who is not a member of the Corporation as if the member were a member of the Corporation.

(5) Section 22 applies in relation to a member of a committee as if:

(a) a reference to the Corporation were a reference to the committee; and

(b) a reference to a member of the Corporation were a reference to the member of the committee (whether or not the member of the committee is also a member of the Corporation).

Delegation by Corporation

55. (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate all or any of its powers under this Act (other than this power of delegation) to:

(a) a committee of the Corporation;

(b) a member of the Corporation; or

(2) A power delegated under sub-section (1) shall, when exercised by the delegate, be deemed to have been exercised by the Corporation.

(3) The delegate is, in the exercise of a power delegated under sub-section (1), subject to the directions of the Corporation.

(4) The delegation of a power under sub-section (1) does not prevent the exercise of the power by the Corporation.

Delegation by Executive Director

56. (1) The Executive Director may, either generally or as otherwise provided by the instrument of delegation, by writing, delegate to an employee of the Corporation all or any of his or her powers under this Act, other than this power of delegation.

(2) A power delegated under sub-section (1) shall, when exercised by the delegate, be deemed to have been exercised by the Executive Director.

(3) The delegate is, in the exercise of a power delegated under sub-section (1), subject to the directions of the Executive Director.

(4) The delegation of a power under sub-section (1) does not prevent the exercise of the power by the Executive Director.

PART III—THE HORTICULTURAL RESEARCH AND DEVELOPMENT CORPORATION SELECTION COMMITTEE

Division 1—Establishment, function and powers of Selection Committee

Establishment

57. A committee by the name of the Horticultural Research and Development Corporation Selection Committee is established by this section.

Function

58. The function of the Selection Committee is to nominate, at the request of the Minister, persons to the Minister for appointment as nominated members of the Corporation.

Powers

59. The Selection Committee has power to do, on behalf of the Commonwealth, all things necessary or convenient to be done for, or in connection with, the performance of its function.

Division 2—Nominations for membership of Corporation

Minister may request nomination from Selection Committee

60. The Minister may, by notice in writing given to the Chairperson of the Selection Committee, request the Selection Committee to nominate to the Minister, within the period specified in the notice, a person for appointment as a nominated member of the Corporation.

Nominations

61. (1) Where the Minister requests the Selection Committee to nominate a person for appointment as a nominated member of the Corporation, the Selection Committee shall, within the period specified in the request, nominate a person, in writing, to the Minister.

(2) The nomination shall be accompanied by a statement setting out:

(a) details of the person’s qualifications and experience; and

(b) such other information relating to the person as the Selection Committee considers will assist the Minister in considering whether or not to appoint the person.

(3) The Selection Committee shall nominate only one person for each appointment.

(4) The Selection Committee may nominate a person for appointment even though the Minister has previously rejected a nomination of that person for another appointment or the Selection Committee has previously decided not to nominate the person.

Selection of persons by Selection Committee

62. (1) The Selection Committee shall not nominate a person unless the person appears to the Selection Committee to be suitably qualified for appointment by virtue of expertise in one or more of the following fields:

(a) the growing or harvesting of horticultural products;

(b) the handling, storing, transporting, processing or marketing of horticultural products;

(d) the administration or management of:

(i) horticultural research and development; or

(ii) other research and development;

(e) science and technology;

(f) business management;

(g) finance;

(h) economics;

(j) marketing.

(2) The Selection Committee shall not nominate a person if:

(a) the person is a member of the Selection Committee; or

(b) the person was a member of the Selection Committee during the year immediately preceding the making of the nomination.

(3) In selecting a person for nomination, the Selection Committee shall choose from the available candidates the person who will best ensure that the members of the Corporation collectively possess an appropriate balance of expertise.

Minister may request further information

63. Where the Minister considers the information contained in the statement accompanying a nomination by the Selection Committee to be inadequate, the Minister may, by notice in writing given to the Chairperson of the Selection Committee, request the Selection Committee, within the period specified in the notice, to provide the Minister with further specified information in relation to the person.

Minister may reject nomination

64. Where the Minister is not satisfied that a person nominated by the Selection Committee should be appointed as a member of the Corporation, the Minister may, by notice in writing given to the Chairperson of the Selection Committee, reject the nomination and request the nomination of another person.

Division 3—Constitution and meetings of Selection Committee

Constitution of Selection Committee

65. (1) The Selection Committee consists of the following members:

(a) the 4 members of the Research Councils Selection Committee referred to in sub-section 43 (1) of the Rural Industries Research Act 1985; and

(b) 3 other members.

(2) The performance of the functions, and the exercise of the powers, of the Selection Committee are not affected by reason only of vacancies in the membership of the Selection Committee.

Chairperson

66. (1) The Chairperson of the Research Councils Selection Committee is the Chairperson of the Horticultural Research and Development Corporation Selection Committee.

(2) When a person is acting as Chairperson of the Research Councils Selection Committee, the person has, in addition to any other powers, duties, rights and entitlements, all the powers, duties, rights and entitlements of the Chairperson of the Horticultural Research and Development Corporation Selection Committee.

(3) The Chairperson of the Selection Committee may be referred to as the Chairman or Chairwoman, as the case requires.

Appointment of nominated members

67. (1) The nominated members of the Selection Committee shall be appointed by the Minister.

(2) The nominated members of the Selection Committee shall be appointed on the nomination, subject to and in accordance with regulations, of eligible industry bodies.

(3) Where the Minister is not satisfied that a person nominated for appointment as a nominated member of the Selection Committee should be appointed as such a member, the Minister may reject the nomination and request the nomination of another person.

(4) The Minister shall not appoint a member of the Corporation as a nominated member of the Selection Committee.

(5) The Minister shall not appoint a person who has attained 65 years of age as a member of the Selection Committee unless the Minister is satisfied that the person has expertise required by the Selection Committee.

(6) The appointment of a person as a member of the Selection Committee is not invalid because of a defect or irregularity in connection with the person’s nomination or appointment.

Term of office of nominated members

68. (1) A nominated member of the Selection Committee:

(a) shall be appointed with effect from the day specified in the instrument of appointment; and

(b) holds office, subject to this Act, for such term (not exceeding 3 years) as is specified in the instrument of appointment, but is eligible for re-appointment in accordance with this Act.

(2) If the member ceases to hold office before the end of the term of appointment, another person may, in accordance with this Act, be appointed in the member’s place until the end of the term.

(3) The Minister shall not appoint a person as a member of the Selection Committee for a term that extends beyond the day on which the person will attain 65 years of age unless the Minister is satisfied that the person has expertise required by the Selection Committee.

Members to hold office on part time basis

69. The members of the Selection Committee hold office on a part time basis.

Remuneration and allowances

70. (1) A member of the Selection Committee shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2) A member of the Selection Committee shall be paid such allowances as are prescribed.

(3) Where:

(a) a person who is a member of the Selection Committee is also a member of, or a candidate for election to, the Parliament of a State; and

(b) under the law of the State, the person would not be eligible to remain, or to be elected, as a member of that Parliament if the person were entitled to remuneration or allowances under this Act;

the person shall not be paid remuneration or allowances under this Act, but shall be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

(4) Where a person who is a member of the Selection Committee:

(a) is a member of the Parliament of a State, but sub-section (3) does not apply in relation to the person;

(b) is in the service or employment of a State, or an authority of a State, on a full time basis; or

(5) An amount payable under sub-section (4) to a State by a person is a debt due to the State, and the State may recover the amount by action against the person in a court of competent jurisdiction.

(6) Subject to sub-section (7), this section has effect subject to the Remuneration Tribunals Act 1973.

(7) Sub-section 7 (9) of the Remuneration Tribunals Act 1973 does not apply in relation to a member of the Selection Committee.

Leave of absence

71. (1) The Minister may grant leave of absence to the Chairperson of the Selection Committee on such terms and conditions as the Minister considers appropriate.

(2) The Chairperson may grant leave of absence to another member of the Selection Committee on such terms and conditions as the Chairperson considers appropriate.

Resignation of nominated members

72. A nominated member of the Selection Committee may resign by writing signed and delivered to the Minister.

Disclosure of interests

73. (1) Where:

(a) a member of the Selection Committee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Selection Committee; and

(b) the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Selection Committee.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of the Selection Committee.

Termination of appointment

74. (1) The Minister may terminate the appointment of a nominated member of the Selection Committee for misbehaviour or physical or mental incapacity.

(2) If a nominated member of the Selection Committee:

(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

(b) without reasonable excuse, contravenes section 73; or

the Minister shall terminate the member’s appointment.

(3) The Minister shall, at the request of the eligible industry bodies on whose nomination a nominated member of the Selection Committee was appointed, terminate the appointment of the member.

(4) If:

(a) a member of the Selection Committee (other than a nominated member), without reasonable excuse, contravenes section 73;

(b) the Chairperson of the Selection Committee is absent, except with the leave of the Minister, from 3 consecutive meetings of the Selection Committee; or

(c) a member of the Selection Committee (other than the Chairperson or a nominated member) is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Selection Committee;

the Minister shall terminate the member’s appointment under Part V of the Rural Industries Research Act 1985.

Terms and conditions of appointment not provided for by Act

75. A member of the Selection Committee holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.

Meetings

76. (1) Subject to sub-section (2), meetings of the Selection Committee shall be held at such times and places as the Selection Committee from time to time determines.

(2) The Chairperson of the Selection Committee may at any time convene a meeting of the Selection Committee.

(3) The Chairperson of the Selection Committee shall preside at all meetings of the Selection Committee at which the Chairperson is present.

(4) If the Chairperson of the Selection Committee is not present at a meeting of the Selection Committee, the members present shall appoint one of their number to preside at the meeting.

(5) At a meeting of the Selection Committee:

(a) 4 members (at least 2 of whom are nominated members) constitute a quorum;

(b) a question shall be decided by a majority of the votes of the members present and voting; and

(6) The Selection Committee shall keep minutes of its proceedings.

(7) The Selection Committee may invite a person to attend a meeting for the purpose of advising or informing it on any matter.

Division 4—Employees and consultants

Employees

77. (1) Subject to sub-sections (2), (3) and (4), the Selection Committee may, on behalf of the Commonwealth, employ such persons as it considers necessary to perform administrative and clerical services in connection with the performance of its function and the exercise of its powers.

(2) A person shall not be employed for the performance of a service referred to in sub-section (1) unless the Minister has approved, in writing, the employment of persons to perform services of that kind.

(3) The terms and conditions of employment of persons employed under sub-section (1) shall be determined by the Selection Committee.

(4) In exercising its powers under this section, the Selection Committee shall comply with any written directions given to it by the Minister.

Consultants

78. (1) The Selection Committee may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Selection Committee.

(2) The terms and conditions of engagement shall be determined by the Selection Committee.

Division 5—Miscellaneous

Delegation

79. (1) The Selection Committee may, by resolution, either generally or as otherwise provided by the resolution, delegate to a member of the Selection Committee or the person occupying an office in the Department all or any of its powers under Division 4.

(2) A power delegated under sub-section (1) shall, when exercised by the delegate, be deemed to have been exercised by the Selection Committee.

(3) The delegate is, in the exercise of a power delegated under sub-section (1), subject to the directions of the Selection Committee.

(4) A delegation of a power under sub-section (1):

(a) may be revoked by resolution of the Selection Committee (whether or not constituted by the persons who constituted the Selection Committee at the time the power was delegated);

(b) does not prevent the exercise of the power by the Selection Committee; and

(5) Section 34a of the Acts Interpretation Act 1901 applies in relation to a delegation under sub-section (1) as if the Selection Committee were a person.

(6) A certificate signed by the Chairperson of the Selection Committee stating any matter with respect to a delegation of a power under sub-section (1) is prima facie evidence of the matter.

(7) A document purporting to be a certificate under sub-section (6) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

PART IV—MISCELLANEOUS

Regulations

80. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Orders

81. (1) Subject to sub-section (2), the regulations may make provision for or in relation to empowering the Minister to make orders, not inconsistent with this Act, with respect to any matter for or in relation to which provision may be made by the regulations.

(2) An order shall not be made prescribing any penalty.

(3) Sections 48, 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to orders as if references to regulations were references to orders and references to an Act were references to regulations.

(4) An order shall not be taken to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903, but sub-sections 5 (3) to (3c) (inclusive) of that Act apply in relation to an order in like manner as they apply in relation to a statutory rule.

(5) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (4),

the reference in the first-mentioned sub-section to the Minister specified in that sub-section shall be read as a reference to a Minister administering this Act.

(6) An order shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975.

[Minister’s second reading speech made in—

House of Representatives on 18 September 1987

Senate on 17 November 1987]