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FUTURE DROUGHT FUND ACT 2019 - SECT 5

Definitions

    In this Act:

"accountable authority" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"acquire" includes acquire by way of issue.

"advisory affairs" of the Regional Investment Corporation Board means the affairs of the Regional Investment Corporation Board that relate to its function of giving advice to the Drought Minister under section   28.

"Agency" means the Future Fund Management Agency.

"Agriculture Department" means the Department administered by the Agriculture Minister.

"Agriculture Future Drought Resilience Special Account" means the Agriculture Future Drought Resilience Special Account established by section   33.

"Agriculture Minister" means the Minister administering the Primary Industries Research and Development Act 1989 .

"Appropriation Act" means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.

"arrangement" includes contract, agreement or deed. This definition does not apply to the expressions "securities lending arrangement" or "securities lending arrangements".

"asset" has the same meaning as in the Future Fund Act 2006 .

"balance" of the Future Drought Fund means the sum of:

  (a)   amounts standing to the credit of the Future Drought Fund Special Account; and

  (b)   the value of investments of the Future Drought Fund.

"bank" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"Biodiversity Convention" means the Convention on Biological Diversity, done at Rio de Janeiro on 5   June 1992, as amended and in force for Australia from time to time.

Note:   The Convention is in Australian Treaty Series 1993 No.   32 ([1993] ATS 32) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"Building Australia Fund" means the Building Australia Fund that was established by section   12 of the Nation - building Funds Act 2008 before that section was repealed.

"Building Australia Fund Special Account" means the Building Australia Fund Special Account that was established by section   13 of the Nation - building Funds Act 2008 before that section was repealed.

"business entity" means:

  (a)   a company; or

  (b)   a partnership; or

  (c)   a trust; or

  (d)   a body politic.

"Climate Change Convention" means the United Nations Framework Convention on Climate Change, done at New York on 9   May 1992, as amended and in force for Australia from time to time.

Note:   The Convention is in Australian Treaty Series 1994 No.   2 ([1994] ATS 2) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"derivative" means a derivative (within the meaning of Chapter   7 of the Corporations Act 2001 ) that is a financial asset.

"Desertification Convention" means the United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, done at Paris on 17   June 1994, as amended and in force for Australia from time to time.

Note:   The Convention is in Australian Treaty Series 2000 No.   18 ([2000] ATS 18) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"drought" means drought in Australia.

"Drought Minister" means:

  (a)   if there is a Minister whose title includes the word "Drought"--that Minister; or

  (b)   otherwise--the Agriculture Minister.

"drought resilience" means:

  (a)   resilience to drought; or

  (b)   preparedness for drought; or

  (c)   responsiveness to drought; or

  (d)   management of exposure to drought; or

  (e)   adaptation to the impact of drought; or

  (f)   recovery from drought; or

  (g)   long - term drought - related sustainability of farms and communities that:

  (i)   have been affected by drought; or

  (ii)   are being affected by drought; or

  (iii)   are at significant risk of being affected by drought.

"Drought Resilience Funding Plan" has the meaning given by subsection   31(2).

"Federation Reform Fund" means the Federation Reform Fund established by section   5 of the Federation Reform Fund Act 2008 .

"Finance Department" means the Department administered by the Finance Minister.

"Finance Minister" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"financial asset" has the same meaning as in the Future Fund Act 2006 .

"Future Drought Fund" means the Future Drought Fund established by section   10.

"Future Drought Fund investment function" of the Future Fund Board means:

  (a)   a function or power conferred on the Future Fund Board by section   39, 40, 47, 49, 51 or 52; or

  (b)   a right or power conferred on the Future Fund Board in its capacity as the holder of an investment of the Future Drought Fund.

"Future Drought Fund Investment Mandate" has the meaning given by subsection   41(3).

"Future Drought Fund Special Account" means the Future Drought Fund Special Account established by section   13.

"Future Fund Board" means the Future Fund Board of Guardians established by section   34 of the Future Fund Act 2006 .

"Future Fund Special Account" means the Future Fund Special Account established by section   12 of the Future Fund Act 2006 .

"investment" means any mode of application of money or financial assets for the purpose of gaining a return (whether by way of income, capital gain or any other form of return).

"investment manager" means a person or body (other than the Agency) who undertakes to do any or all of the following:

  (a)   invest amounts on behalf of the Future Fund Board;

  (b)   manage the investment of funds on behalf of the Future Fund Board;

  (c)   acquire derivatives on behalf of the Future Fund Board;

  (d)   manage derivatives on behalf of the Future Fund Board;

  (e)   enter into securities lending arrangements on behalf of the Future Fund Board;

  (f)   realise financial assets on behalf of the Future Fund Board;

  (g)   perform custodial functions in relation to the financial assets of the Future Fund Board.

"investment of the Building Australia Fund" has the same meaning as in the Nation - building Funds Act 2008 as in force immediately before the commencement of Schedule   2 to the Future Drought Fund (Consequential Amendments) Act 2019 .

"investment of the Future Drought Fund" means a financial asset that, under a provision of this Act, is taken to be an investment of the Future Drought Fund.

"Kyoto Protocol" means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11   December 1997, as amended and in force for Australia from time to time.

Note:   The Protocol is in Australian Treaty Series 2008 No.   2 ([2008] ATS 2) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"make" , in relation to an arrangement, includes enter into.

"member" of the Regional Investment Corporation Board includes the Chair of the Regional Investment Corporation Board.

"official" of a Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"Paris Agreement" means the Paris Agreement, done at Paris on 12   December 2015, as amended and in force for Australia from time to time.

Note:   The Agreement is in Australian Treaty Series 2016 No.   24 ([2016] ATS 24) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"person" includes a partnership.

Note:   See also subsection   2C(1) of the Acts Interpretation Act 1901 .

"Ramsar Convention" means the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar, Iran, on 2   February 1971, as amended and in force for Australia from time to time.

Note:   The Convention is in Australian Treaty Series 1975 No.   48 ([1975] ATS 48) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"realise" includes redeem or dispose of.

"Regional Investment Corporation Board" means the Board of the Regional Investment Corporation.

Note:   The Regional Investment Corporation is established by section   7 of the Regional Investment Corporation Act 2018 .

"responsible Ministers" means:

  (a)   the Treasurer; and

  (b)   the Finance Minister.

"rules" means rules made under section   66.

"Treasury Department" means the Department administered by the Treasurer.

"value" of an investment of the Future Drought Fund means the market value of the investment. For this purpose, disregard anything that would prevent or restrict conversion of a financial asset to money.



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