Commonwealth Consolidated Acts

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EGG INDUSTRY SERVICE PROVISION ACT 2002 - SECT 7

Funding contract

  (1)   The Minister may, on behalf of the Commonwealth, enter into a contract for the purposes of this subsection with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body if the body is declared to be the industry services body:

  (a)   payments referred to as promotion payments ;

  (b)   payments referred to as R&D payments ;

  (c)   payments made in respect of particular financial years, referred to as matching payments .

  (2)   Before entering into a contract for the purposes of subsection   ( 1), the Minister must be satisfied that the terms of the contract make adequate provision to ensure that:

  (a)   promotion payments are spent by the body on all or any of the following for the benefit of the Australian egg industry:

  ( i )   the marketing of eggs and egg products;

  (ii)   the promotion of eggs and egg products;

  (iii)   the provision of industry services; and

  (b)   R&D payments are spent by the body on research and development activities for the benefit of the Australian egg industry; and

  (c)   matching payments are spent by the body on:

  ( i )   research and development activities for the benefit of the Australian egg industry and the Australian community generally; and

  (ii)   making payments to the Commonwealth under subsection   8(3).

  (3)   The contract may require the Commonwealth to pay amounts up to, but not exceeding, the limits applicable under section   8.

Note:   For example, the contract may provide that the Commonwealth will pay a lesser amount so it can deduct the costs of collecting promotion amounts and R&D amounts and have the capacity to deal appropriately with refunds and payments made in error.

  (4)   The contract may include provisions relating to assets and liabilities that are transferred to the body under the contract or the Egg Industry Service Provision (Transitional and Consequential Provisions) Act 2002 . This subsection does not impliedly limit the matters that may be included in the contract.

  (5)   This section does not impliedly limit the executive power of the Commonwealth to enter into agreements.



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