Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"annual general meeting" , in relation to an R&D Corporation, means an annual general meeting that the Corporation is required to convene under section 58.
"annual operational plan" means an annual operational plan of an R&D Corporation in force under Division 3 of Part 2.
"borrowing" includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day - to - day operations of an R&D Corporation.
"Chairperson" , in relation to an R&D Corporation, means the Chairperson of the Corporation.
"Collection Act" , in relation to a levy, means the legislation providing for the collection of the levy.
"Deputy Chairperson" , in relation to an R&D Corporation, means the Deputy Chairperson of the Corporation.
"director" means a director of an R&D Corporation, and includes:
(a) the Chairperson; and
(c) the Executive Director;
of the Corporation.
"eligible levy payer" , in relation to an R&D Corporation, means a person (within the meaning of section 57) who is included in a list of levy payers prepared by the Corporation under section 57.
"Executive Director" , in relation to an R&D Corporation, means the Executive Director of the Corporation appointed under Division 9 of Part 2.
"Finance Minister" means the Minister who administers the Public Governance, Performance and Accountability Act 2013 .
"funding agreement" means an agreement under subsection 33(4).
"levy" includes:
(a) an export charge; and
(b) an excise on the produce of a primary industry; and
(c) an import charge.
"list of levy payers" , in relation to an R&D Corporation, means a list prepared by the Corporation under section 57 for a particular financial year.
"marketing activities" means the marketing, advertising or promotion of products of primary industries or an activity incidental to such marketing, advertising or promotion.
"marketing component" , in relation to a levy, means so much of the levy as the regulations declare to be the marketing component of the levy under paragraph 5(3)(aa).
"member" , in relation to a Selection Committee, means a member of the Selection Committee, and includes the Presiding Member of the Selection Committee.
"nominated director" means a director of an R&D Corporation, other than the Chairperson or the Executive Director of the Corporation.
"order" means an order made under section 150.
"prescribed" includes prescribed by an order.
"Presiding Member" means a person appointed under section 122 as the Presiding Member of the Selection Committee for an R&D Corporation.
"primary industry" means any field of endeavour (other than the wool industry) whose objective is:
(a) the production of agricultural or other primary produce; or
(c) the conservation and the sustainable use and management of a natural resource.
"R&D activity" , in relation to a primary industry or class of primary industries, means:
(a) an R&D project in respect of that industry or class; or
(b) the development of persons to carry out research and development in respect of that industry or class; or
(c) the dissemination of information, or the provision of advice or assistance, to persons or organisations engaged in any aspect of:
(i) that industry or class; or
(ii) the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that industry or class;
for the purpose of encouraging those persons or organisations to adopt technical developments designed or adapted to improve that aspect of the industry or class, or that production, processing, storage, transport or marketing; or
(d) the publication of reports, periodicals, books or papers containing information that is related to research and development in respect of that industry or class; or
(e) an activity incidental to an activity referred to in paragraph (a), (b), (c) or (d).
"R&D Corporation" means:
(a) a Research and Development Corporation established under section 8; or
(b) the Rural Industries Research and Development Corporation established under section 9.
"R&D plan" means an R&D plan of an R&D Corporation in force under Division 3 of Part 2.
"R&D project" , in relation to a primary industry or class of primary industries, means a project for research and development in respect of that industry or class.
"refund" , in relation to a levy, means the amount of refund required to be paid by the Commonwealth in respect of an amount paid to an R&D Corporation under paragraph 30(1)(a), 30A(1)(a) or 30B(2)(a) in respect of the levy.
"regulations" includes orders.
"representative organisation" , in relation to an R&D Corporation, means an organisation declared under section 7 to be a representative organisation in relation to the Corporation.
"research and development" , in relation to a primary industry or class of primary industries, means systematic experimentation and analysis in any field of science, technology or economics (including the study of the social or environmental consequences of the adoption of new technology) carried out with the object of:
(a) acquiring knowledge that may be of use in obtaining or furthering an objective of that primary industry or class, including knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of goods that are the produce, or that are derived from the produce, of that primary industry or class; or
(b) applying such knowledge for the purpose of attaining or furthering such an objective.
"research component" means:
(aa) in relation to the levy imposed by Schedule 25 to the Primary Industries (Excise) Levies Act 1999 --the whole of the levy; and
(a) in relation to the levy imposed by the repealed Wheat Levy Act 1989 during a season (within the meaning of the repealed Wheat Marketing Act 1989 ) that began before 1 July 1999--the proportion of the levy referred to in subsection 5(5); and
(b) in relation to any other levy--so much of the levy as the regulations declare to be the research component of the levy under paragraph 5(3)(a).
"RIR&D Corporation" means the Rural Industries Research and Development Corporation established under section 9.
"Selection Committee" means a Selection Committee for an R&D Corporation established under section 124 or 125.
"separately levied fishery" has the meaning given by subsection 5A(1).
"State Research Committee" has the same meaning as in the Rural Industries Research Act 1985 .
"this Act" includes the regulations.
(2) A reference in this Act to expenses incurred by a Selection Committee includes a reference to the remuneration and allowances payable to the Presiding Member and other members of the Selection Committee and persons employed or engaged by the Selection Committee.
(3) A reference in this Act to the primary industry or class of primary industries to which a levy relates is a reference to the primary industry or class of primary industries that the regulations declare under paragraph 5(3)(b) to be the primary industry or class of primary industries to which the levy relates.