Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, on behalf of the Commonwealth, enter into or vary a contract with a company so that the contract provides for the Commonwealth to make payments of the following kinds to the company:
(a) payments called R&D payments ;
(b) payments made for particular financial years, called matching payments .
Note: After a contract has been entered into, the company can be declared as the industry services body under section 9 .
(2) Before acting to enter into or vary the contract, the Minister must be satisfied that the terms of the contract after the action will make adequate provision to ensure that:
(a) R&D payments are spent by the company on one or both of the following:
(i) research and development activities for the benefit of the Australian sugar industry;
(ii) payments by the company to the Commonwealth to meet the expenses (the administration expenses ) incurred by the Commonwealth in relation to the collection and recovery of R&D amounts , the administration of the contract and the payment of refunds related to R&D amounts ; and
(b) matching payments are spent by the company on one or more of the following:
(i) research and development activities for the benefit o f the Australian sugar industry and the Australian community generally ;
(ii) payments by the company to the Commonwealth under subsection 7 (4);
(iii) payments by the company to the Commonwealth to meet the administration expenses; and
(c) the administration expenses are met from one or more of the following:
(i) the difference between R&D payments and the limit under section 7 on the appropriation for those payments;
(ii) the difference between matching payments and the limit under section 7 on the appropriation for those payments;
(iii) payments by the company to the Commonwealth.
Note: An example of the administration expenses is the Commonwealth's expenses relating to an agreement under section 10 or 11 of the Primary Industries Levies and Charges Collection Act 1991 between the Commonwealth and a State or organisation for it (or a State authority) to collect levies and related amounts on the Commonwealth's behalf.
(3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 7 .
Note: For example, the contract may provide for payments less than the limits specified in section 7 so the administration expenses are met.
(4) The contract may include provisions relating to assets and liabilities that will become those of the company under the Sugar Research and Development Services (Consequential Amendments and Transitional Provisions) Act 2013 . 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.
(6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the contract was entered into.
(7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 15 sitting days of that House after the variation occurred.