{"id":"C2004A02568","name":"Australian Centre for International Agricultural Research Act 1982","slug":"australian-centre-for-international-agricultural-research-act-1982","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"9 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7229,"registerId":"commonwealth-C2004A02568-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"The Australian Centre for International Agricultural Research","content":"## Part II—The Australian Centre for International Agricultural Research","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Centre","content":"#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"The Chief Executive Officer","content":"#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Functions of the CEO","content":"#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Power of Minister to give directions","content":"#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Functions of the staff of the Centre","content":"#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.","sortOrder":9},{"sectionNumber":"Part III","sectionType":"part","heading":"Commission for International Agricultural Research","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Commission","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of Commission","content":"#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Constitution of the Commission","content":"#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Functions of the Commission","content":"#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"The Commissioners","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Appointment of Commissioners","content":"#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Appointments to be part‑time","content":"#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Terms and conditions—general","content":"#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Remuneration and allowances","content":"#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Acting Commissioner","content":"#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Leave of absence","content":"#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Resignation","content":"#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.","sortOrder":22},{"sectionNumber":"16A","sectionType":"section","heading":"Termination of appointment","content":"#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":23},{"sectionNumber":"16B","sectionType":"section","heading":"Disclosure of interests","content":"#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Meetings of the Commission","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"16C","sectionType":"section","heading":"Times and places of meetings","content":"#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.","sortOrder":26},{"sectionNumber":"16D","sectionType":"section","heading":"Notice of meetings","content":"#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.","sortOrder":27},{"sectionNumber":"16E","sectionType":"section","heading":"Who presides at meetings","content":"#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.","sortOrder":28},{"sectionNumber":"16F","sectionType":"section","heading":"Quorum","content":"#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.","sortOrder":29},{"sectionNumber":"16G","sectionType":"section","heading":"Voting at meetings","content":"#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.","sortOrder":30},{"sectionNumber":"16H","sectionType":"section","heading":"Conduct of meetings","content":"#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.","sortOrder":31},{"sectionNumber":"Division 4","sectionType":"division","heading":"Delegation by Commission","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":32},{"sectionNumber":"16J","sectionType":"section","heading":"Delegation by Commission","content":"#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.","sortOrder":33},{"sectionNumber":"Division 5","sectionType":"division","heading":"Directions by the Minister","content":"An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Account means the account continued in existence by section 33.\n\n> agricultural research means scientific, technical, economic or socio‑economic research in connection with agriculture, and includes the publication of reports, periodicals, books and papers in connection with any such research.\n\n> agriculture includes such uses of land as are prescribed for the purposes of this definition.\n\n> annual report means the report referred to in section 39.\n\n> appointed member of the Council means a member of the Council appointed under subsection 19(2).\n\n> Centre means the Australian Centre for International Agricultural Research.\n\n> CEO means the Chief Executive Officer of the Centre.\n\n> Chair means the Chair of the Commission.\n\n> Commission means the Commission for International Agricultural Research established by section 7.\n\n> Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.\n\n> Council means the Policy Advisory Council.\n\n> institution includes:\n\n    (a) an organization, group or body, whether incorporated or unincorporated; and\n    (b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.\n\n> international agricultural research centre means an independent, non‑profit organisation that:\n\n    (a) is internationally funded; and\n    (b) carries out:\n    (i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and\n    (ii) activities related to such research.\n\n> President means the President of the Council.\n\n## Part II—The Australian Centre for International Agricultural Research\n\n#### 4 Establishment of Centre\n\n  (1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.\n  (2) The Centre consists of:\n    (a) the CEO; and\n    (b) the staff of the Centre referred to in section 30.\n\n#### 4A The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Centre.\n\n> Note: Part V deals with the appointment and terms and conditions of the CEO.\n\n#### 5 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries;\n    (b) to commission agricultural research by persons or institutions (whether the research is to be conducted in Australia or overseas) in accordance with such programs and policies; and\n    (c) to communicate to persons and institutions the results of such agricultural research; and\n    (d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and\n    (e) to conduct and fund development activities related to those research programs; and\n    (f) to fund international agricultural research centres.\n  (2) The CEO must, in performing his or her functions with respect to agricultural research, have regard to the need for persons or institutions in developing countries to share in that research.\n  (3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.\n  (4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.\n\n#### 5A Power of Minister to give directions\n\n  (1) The Minister may, by writing, give directions to the CEO with respect to the performance of the CEO’s functions under this Act (including in relation to the appropriate strategic direction the CEO should take in performing his or her functions).\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 6 Functions of the staff of the Centre\n\n  The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.\n\n## Part III—Commission for International Agricultural Research\n\n### Division 1—The Commission\n\n#### 7 Establishment of Commission\n\n  The Commission for International Agricultural Research is established by this section.\n\n#### 8 Constitution of the Commission\n\n  The Commission consists of:\n    (a) a Chair; and\n    (b) 6 other Commissioners.\n\n#### 9 Functions of the Commission\n\n  The functions of the Commission are:\n    (a) to provide advice to the Minister in relation to the formulation of programs of the kind referred to in paragraph 5(1)(a); and\n    (b) to provide advice to the Minister in relation to the funding of things referred to in paragraphs 5(1)(d), (e) and (f); and\n    (c) to provide advice to the Minister on program and funding priorities; and\n    (d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.\n\n### Division 2—The Commissioners\n\n#### 10 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument.\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person cannot be appointed as a Commissioner if the person is a member of the Council.\n\n#### 11 Appointments to be part‑time\n\n  A Commissioner holds office on a part‑time basis.\n\n#### 12 Terms and conditions—general\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 13 Remuneration and allowances\n\n  (1) A Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Acting Commissioner\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 15 Leave of absence\n\n  (1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.\n  (2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 16 Resignation\n\n  A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 16A Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of a Commissioner if:\n    (a) the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or\n    (c) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 16B Disclosure of interests\n\n  (1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.\n\n### Division 3—Meetings of the Commission\n\n#### 16C Times and places of meetings\n\n  (1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) Meetings are to be held at the times and places determined by the Commission.\n  (3) The Chair may call a meeting at any time.\n  (4) The Chair must ensure that at least 4 meetings are held each financial year.\n\n#### 16D Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.\n\n#### 16E Who presides at meetings\n\n  (1) The Chair presides at all meetings of the Commission at which he or she is present.\n  (2) If the Chair is not present at a meeting of the Commission, the Commissioners present must elect a Commissioner to preside at the meeting.\n\n#### 16F Quorum\n\n  At a meeting of the Commission, 4 Commissioners constitute a quorum.\n\n#### 16G Voting at meetings\n\n  (1) A question arising at a meeting of the Commission is to be decided by a majority of the votes of the Commissioners present and voting.\n  (2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.\n\n#### 16H Conduct of meetings\n\n  (1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n  (2) The Commission must ensure that minutes of its meetings are kept.\n\n### Division 4—Delegation by Commission\n\n#### 16J Delegation by Commission\n\n  (1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.\n  (3) The delegation continues in force despite a change in the constitution of the Commission.\n  (4) The delegation may be varied or revoked by resolution of the Commission (whether or not there has been a change in the constitution of the Commission).\n  (5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) is taken to be such a certificate and to have been duly given unless the contrary is established.\n\n### Division 5—Directions by the Minister\n\n#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.\n\n## Part IV—The Policy Advisory Council\n\n#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.\n\n#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.\n\n#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.\n\n#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.\n\n#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.\n\n#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.\n\n#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.\n\n## Part V—The CEO\n\n#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).\n\n#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.\n\n#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.\n\n## Part VI—Staff and consultants\n\n#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.\n\n#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part VIA—Application of the finance law\n\n#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.\n\n## Part VII—The Australian Centre for International Agricultural Research Account\n\n#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.\n\n#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.\n\n#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.\n\n## Part VIII—Miscellaneous\n\n#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.\n\n#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.\n\n#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":34},{"sectionNumber":"16K","sectionType":"section","heading":"Directions by the Minister","content":"#### 16K Directions by the Minister\n\n  (1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.\n  (2) In giving a direction, the Minister must have regard to any relevant advice that he or she may have received from the Council under section 18.\n  (3) The Minister must give a copy of a direction to the CEO.\n\n> Note: A direction under this section is included in the annual report: see section 39.","sortOrder":35},{"sectionNumber":"Part IV","sectionType":"part","heading":"The Policy Advisory Council","content":"## Part IV—The Policy Advisory Council","sortOrder":36},{"sectionNumber":"17","sectionType":"section","heading":"Establishment of Council","content":"#### 17 Establishment of Council\n\n  There is hereby established a Council by the name of the Policy Advisory Council.","sortOrder":37},{"sectionNumber":"18","sectionType":"section","heading":"Function of Council","content":"#### 18 Function of Council\n\n  (1) The function of the Council is to provide advice to the Minister regarding:\n    (a) agricultural problems of developing countries; and\n    (b) programs and policies with respect to agricultural research for either or both of the following purposes:\n    (i) identifying agricultural problems of developing countries;\n    (ii) finding solutions to agricultural problems of developing countries.\n  (2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.\n  (3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.","sortOrder":38},{"sectionNumber":"19","sectionType":"section","heading":"Constitution of Council","content":"#### 19 Constitution of Council\n\n  (1) The Council shall consist of:\n    (a) a President;\n    (c) the person for the time being occupying, or performing the duties of, the position in the Australian Public Service known as Director‑General, Australian International Development Assistance Bureau, or a person nominated by the Director‑General; and\n    (d) not fewer than 9 nor more than 11 other members.\n  (2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.\n  (2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.\n  (3) In appointing persons under subsection (2):\n    (a) the Minister shall have regard to:\n    (i) the knowledge of the persons concerning agricultural problems of developing countries; or\n    (ii) the experience of the persons in organizing or conducting agricultural research; and\n    (b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.\n  (4) An appointed member of the Council:\n    (a) shall be appointed to be a part‑time member; and\n    (b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.\n  (5) The performance of the functions of the Council is not affected by reason only of the existence of either or both of the following circumstances:\n    (a) a vacancy in the office of President;\n    (c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.\n  (6) The appointment of a person under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in, or in connection with, his or her appointment.","sortOrder":39},{"sectionNumber":"19A","sectionType":"section","heading":"Remuneration and allowances","content":"#### 19A Remuneration and allowances\n\n  (1) An appointed member of the Council is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the appointed member of the Council is to be paid the remuneration that is prescribed by the regulations.\n  (2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":40},{"sectionNumber":"20","sectionType":"section","heading":"President to keep Council informed","content":"#### 20 President to keep Council informed\n\n  The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.","sortOrder":41},{"sectionNumber":"21","sectionType":"section","heading":"Termination of appointment","content":"#### 21 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.\n  (2) If an appointed member of the Council:\n    (a) becomes bankrupt, applies to take the benefit of any 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; or\n    (b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council otherwise than on business of the Council undertaken with the approval of the Council;\n  the Minister shall terminate the appointment of that member.","sortOrder":42},{"sectionNumber":"22","sectionType":"section","heading":"Resignation","content":"#### 22 Resignation\n\n  An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.","sortOrder":43},{"sectionNumber":"23","sectionType":"section","heading":"Meetings of Council","content":"#### 23 Meetings of Council\n\n  (1) The President:\n    (a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and\n    (b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.\n  (2) The Minister may at any time convene a meeting of the Council.\n  (3) The President shall preside at all meetings of the Council at which he or she is present.\n  (4) If the President is not present at a meeting of the Council, the members present shall elect one of their number to preside at that meeting.\n  (5) At a meeting of the Council, 7 members constitute a quorum.\n  (6) Subject to subsection (7), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.\n  (7) In the event of an equality of votes on a motion proposed at a meeting of the Council, the motion shall be taken not to be passed.\n  (8) Subject to this section, the Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.","sortOrder":44},{"sectionNumber":"Part V","sectionType":"part","heading":"The CEO","content":"## Part V—The CEO","sortOrder":45},{"sectionNumber":"24","sectionType":"section","heading":"Appointment of CEO","content":"#### 24 Appointment of CEO\n\n  (1) The CEO is to be appointed by the Governor‑General by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair).","sortOrder":46},{"sectionNumber":"25","sectionType":"section","heading":"Appointment to be full‑time","content":"#### 25 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.","sortOrder":47},{"sectionNumber":"26","sectionType":"section","heading":"Terms and conditions—general","content":"#### 26 Terms and conditions—general\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.","sortOrder":48},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration and allowances","content":"#### 27 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":49},{"sectionNumber":"28","sectionType":"section","heading":"CEO not to engage in paid employment","content":"#### 28 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.","sortOrder":50},{"sectionNumber":"29","sectionType":"section","heading":"Acting CEO","content":"#### 29 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":51},{"sectionNumber":"29A","sectionType":"section","heading":"Leave of absence","content":"#### 29A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":52},{"sectionNumber":"29B","sectionType":"section","heading":"Resignation","content":"#### 29B Resignation\n\n  The CEO may resign his or her appointment by giving the Governor‑General a written resignation.","sortOrder":53},{"sectionNumber":"29C","sectionType":"section","heading":"Termination of appointment","content":"#### 29C Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Governor‑General must terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":54},{"sectionNumber":"29E","sectionType":"section","heading":"CEO not subject to direction by the Commission on certain matters","content":"#### 29E CEO not subject to direction by the Commission on certain matters\n\n  To avoid doubt, the CEO is not subject to direction by the Commission in relation to the CEO’s performance of functions, or exercise of powers, under:\n    (a) the Public Governance, Performance and Accountability Act 2013; or\n    (b) the Public Service Act 1999;\n  in relation to the Centre.","sortOrder":55},{"sectionNumber":"Part VI","sectionType":"part","heading":"Staff and consultants","content":"## Part VI—Staff and consultants","sortOrder":56},{"sectionNumber":"30","sectionType":"section","heading":"Staff","content":"#### 30 Staff\n\n  (1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Arrangements relating to staff","content":"#### 31 Arrangements relating to staff\n\n  (1) The CEO may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body (other than a company or an association) established for a public purpose by or under a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the CEO in relation to the CEO’s functions.\n  (2) The CEO may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a body established for a public purpose by or under a law of the State or Territory, to be made available to the CEO in relation to the CEO’s functions.","sortOrder":58},{"sectionNumber":"32","sectionType":"section","heading":"Consultants","content":"#### 32 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.","sortOrder":59},{"sectionNumber":"Part VIA","sectionType":"part","heading":"Application of the finance law","content":"## Part VIA—Application of the finance law","sortOrder":60},{"sectionNumber":"32A","sectionType":"section","heading":"Application of the finance law","content":"#### 32A Application of the finance law\n\n  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Centre;\n    (ii) the Commission;\n    (iii) the Council; and\n    (b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and\n    (c) the CEO is the accountable authority of the listed entity; and\n    (d) the following persons are officials of the listed entity:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the members of the Council referred to in subsection 19(1);\n    (iv) the staff of the Centre referred to in section 30;\n    (v) persons whose services are made available to the CEO under section 31;\n    (vi) consultants engaged under section 32; and\n    (e) the purposes of the listed entity include:\n    (i) the functions of the CEO referred to in section 5; and\n    (ii) the functions of the staff of the Centre referred to in section 6; and\n    (iii) the functions of the Commission referred to in section 9; and\n    (iv) the function of the Council referred to in section 18.","sortOrder":61},{"sectionNumber":"Part VII","sectionType":"part","heading":"The Australian Centre for International Agricultural Research Account","content":"## Part VII—The Australian Centre for International Agricultural Research Account","sortOrder":62},{"sectionNumber":"33","sectionType":"section","heading":"Australian Centre for International Agricultural Research Account","content":"#### 33 Australian Centre for International Agricultural Research Account\n\n  (1) There is continued in existence the Australian Centre for International Agricultural Research Account.\n\n> Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.\n\n  (2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.","sortOrder":63},{"sectionNumber":"34","sectionType":"section","heading":"Credits to the Account","content":"#### 34 Credits to the Account\n\n  There must be credited to the Account amounts equal to the following:\n    (a) all money appropriated by the Parliament for the purposes of the Account;\n    (b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;\n    (c) amounts of any gifts given or bequests made for the purposes of the Account.\n\n> Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.","sortOrder":64},{"sectionNumber":"35","sectionType":"section","heading":"Purposes of the Account","content":"#### 35 Purposes of the Account\n\n  (1) This section sets out the purposes of the Account.\n  (2) Amounts standing to the credit of the Account may be debited for the following purposes:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of the CEO or of the staff of the Centre referred to in section 30;\n    (b) in payment of any remuneration and allowances payable to any person under this Act.","sortOrder":65},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Miscellaneous","content":"## Part VIII—Miscellaneous","sortOrder":66},{"sectionNumber":"39","sectionType":"section","heading":"Annual report","content":"#### 39 Annual report\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and\n    (b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Delegation by Minister","content":"#### 41 Delegation by Minister\n\n  The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.","sortOrder":68},{"sectionNumber":"42","sectionType":"section","heading":"Regulations","content":"#### 42 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":69}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s.3 (definition of 'agriculture')","severity":"high","reasoning":"A definitional provision that defines a term solely by reference to what may be prescribed provides no operative content whatsoever. Every substantive function of the CEO and the Commission depends on what 'agricultural research' means, which in turn depends on what 'agriculture' means. If regulations are never made prescribing uses of land, the word 'agriculture' carries no defined meaning beyond its ordinary usage, yet the Act purports to define it. This creates a hollow definition that undermines legal certainty across the entire Act.","confidence":0.85,"description":"Circular and vacuous definition: 'agriculture includes such uses of land as are prescribed for the purposes of this definition.' The definition delegates its own content entirely to regulations, meaning the word 'agriculture' has no substantive statutory meaning until regulations are made. If no regulations are made, the definition is effectively empty, yet the entire Act — including the Centre's mandate — depends upon it."},{"type":"self_contradicting","section":"s.5(3) read with s.5(1)(e)","severity":"medium","reasoning":"Section 5(3) absolutely prohibits the CEO from carrying out research on behalf of the Commonwealth. Section 5(1)(e) authorises the CEO to 'conduct' development activities related to research programs. In agricultural science, the boundary between research and development is notoriously blurry. A CEO conducting development activities that shade into research is simultaneously complying with s.5(1)(e) and breaching s.5(3). The provision creates an impossible compliance zone without defining where development ends and research begins.","confidence":0.72,"description":"The CEO is prohibited from carrying out research on behalf of the Commonwealth, yet is expressly empowered to 'conduct and fund development activities related to those research programs.' 'Conduct' implies active participation. Where development activities are indistinguishable from research activities — as is frequently the case in agricultural R&D — the CEO cannot comply with both provisions simultaneously."},{"type":"other","section":"s.19(1) and s.19(5)","severity":"medium","reasoning":"The omission of paragraph (b) from s.19(1) — with the sequence jumping from (a) to (c) — indicates a former member category was repealed without renumbering. Section 19(5) similarly skips paragraph (b) in its savings provision (listing (a) and (c) only). This is consistent but reveals that an entire category of Council member was removed without full legislative tidying, which may create interpretive uncertainty about the intended constitution of the Council.","confidence":0.9,"description":"Section 19(1) lists Council members as paragraphs (a), (c), and (d) — paragraph (b) is missing entirely. This is not a drafting curiosity; it suggests a category of Council member has been deleted from the legislation without updating the cross-references or renumbering, leaving a structural gap in the Council's constitution."},{"type":"other","section":"s.24(3) read with ss.10(3) and 19(2A)","severity":"medium","reasoning":"While the dual appointment is expressly permitted, the interaction between a CEO who is also Chair of the Commission — which advises the Minister, who in turn directs the CEO — creates a situation where the CEO effectively advises the Minister on directions to be given to themselves. This is a governance absurdity even if technically permitted. The CEO/Chair would also receive copies of directions to the Commission (s.16K(3)) that they simultaneously helped generate through Commission advice.","confidence":0.78,"description":"Section 24(3) expressly permits a person to be appointed as both CEO and Commissioner (including Chair). However, s.10(3) prohibits a Commissioner from being a member of the Council, and s.19(2A) prohibits a Council member from being a Commissioner. Since the CEO is accountable authority for the listed entity under s.32A(c) — which includes the Council — a CEO/Commissioner would sit atop a body that includes Council members, creating governance and accountability tensions the Act does not resolve."},{"type":"impossible_compliance","section":"s.16C(4) read with s.16F","severity":"low","reasoning":"The mandatory minimum meeting requirement (s.16C(4)) is not qualified by any savings provision addressing the situation where a quorum cannot be formed. If the Commission falls below the quorum threshold of 4, the Chair's duty to hold 4 meetings per year becomes impossible to discharge lawfully, yet no mechanism exists to suspend that obligation or to address the shortfall in Commissioners in an emergency.","confidence":0.65,"description":"The Chair must ensure at least 4 meetings are held each financial year, but a quorum requires 4 of 7 Commissioners. If 3 or more Commissioners are simultaneously on leave, absent, or their positions are vacant, the Chair is legally obliged to hold meetings that cannot lawfully proceed for want of quorum. The Chair has no express power to compel attendance or fill vacancies."},{"type":"impossible_compliance","section":"s.20","severity":"medium","reasoning":"Section 20 imposes a positive duty on the President to ensure the Council is 'adequately informed' about Centre affairs, but creates no mechanism by which the President can obtain that information. The CEO is not obliged to report to the President or Council. The Centre (s.4(2)) consists only of the CEO and staff. The President has no statutory entitlement to access Centre information, making the duty potentially impossible to discharge if the CEO chooses not to cooperate.","confidence":0.75,"description":"The President of the Council is required to keep the Council informed of the affairs of the Centre, but the President has no formal relationship with the Centre — no right of access to information, no position within the Centre's structure, and no power to compel the CEO or staff to provide information. The obligation is imposed without any corresponding power to fulfil it."},{"type":"other","section":"s.41","severity":"low","reasoning":"A blanket delegation power to 'any person' without carve-outs creates the theoretical absurdity of the CEO being delegated the Minister's power under s.5A to give directions to the CEO, or under s.29A(2) to grant the CEO leave. While Acts Interpretation Act principles may temper this, the provision on its face is unqualified.","confidence":0.6,"description":"The Minister may delegate 'all or any' of the Minister's functions or powers under the Act 'to any person' — including, on its face, to the CEO, who is the subject of many of those ministerial powers (appointment of acting CEO, granting leave, giving directions). This would enable the Minister to delegate to the CEO the power to direct themselves or grant themselves leave."}],"contradictions":[{"severity":"low","section_a":"s.10(3)","section_b":"s.19(2A)","confidence":0.65,"description":"These two provisions create mutual exclusivity between Council membership and Commissioner status. Section 10(3) prohibits a Commissioner from being a Council member; s.19(2A) prohibits a Council member from being a Commissioner. This is internally consistent. However, s.24(3) then expressly permits the CEO to be appointed as a Commissioner (including Chair), while the CEO is accountable authority over a listed entity that includes the Council. There is no express prohibition on the CEO being a Council member, creating an asymmetry in the exclusion regime."},{"severity":"medium","section_a":"s.9 (Commission functions)","section_b":"s.5(4) and s.5A(1)","confidence":0.7,"description":"The Commission's role is to advise the Minister on programs and funding priorities (s.9). The Minister may then direct the CEO (s.5A(1)), and the CEO must comply (s.5(4)). However, the Minister is also required under s.16K(2) to have regard to Council advice before directing the Commission. This creates a three-body advisory loop — Commission advises Minister, Council advises Minister, Minister directs both — with no hierarchy specified when Commission and Council advice conflict, and no obligation on the Minister to reconcile them."},{"severity":"medium","section_a":"s.18(3)","section_b":"s.16K(2)","confidence":0.73,"description":"Section 18(3) requires the Minister to furnish Council advice to the Commission. Section 16K(2) requires the Minister, when directing the Commission, to have regard to relevant Council advice already received. The Commission therefore receives Council advice after the Minister has already factored it into a direction — meaning the Commission is informed of advice that has already been acted upon, not in time to respond to or contest it. The sequencing renders the Commission's receipt of Council advice practically meaningless."},{"severity":"medium","section_a":"s.5(1)(b) and s.5(1)(e)","section_b":"s.5(3)","confidence":0.68,"description":"Section 5(1)(b) authorises the CEO to commission agricultural research and s.5(1)(e) to conduct development activities. Section 5(3) states nothing in s.5 authorises the CEO to carry out research on behalf of the Commonwealth. Since the CEO acts on behalf of the Commonwealth in all statutory functions, and s.5(1)(b) and (e) are within s.5, s.5(3) appears to partially negate the very functions it follows. The provision creates an internal contradiction about whether the CEO can effectively implement the commissioning function."},{"severity":"high","section_a":"s.11 (Commissioners part-time)","section_b":"s.24(3) and s.25 (CEO full-time)","confidence":0.85,"description":"Section 11 mandates that all Commissioners hold office on a part-time basis. Section 25 mandates the CEO holds office on a full-time basis. Section 24(3) permits a person to be appointed as both CEO and Commissioner. A person who is both CEO (full-time) and Commissioner (part-time) cannot simultaneously comply with both conditions — they must hold each office on a different basis, which is physically impossible for a single person in a single role."},{"severity":"low","section_a":"s.16A(2)(b)","section_b":"s.16C(4)","confidence":0.55,"description":"A Commissioner must be terminated if absent from 3 consecutive Commission meetings without leave (s.16A(2)(b)). The Chair must ensure at least 4 meetings per year (s.16C(4)). If meetings are held infrequently (e.g., exactly 4 per year, quarterly), 3 consecutive absences would span 9 months. However, there is no minimum frequency specified beyond 4 per year, meaning a Commissioner could be absent for up to 9 months before the termination trigger is reached — creating an effectively unworkable attendance enforcement mechanism for a part-time body."}]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: encouraging and funding agricultural research to identify and solve problems in developing countries (s 5). Amendments reflected in the current text are largely administrative and governance alignments rather than substantive expansion of functions — notably incorporation into the Commonwealth finance framework (listing the Centre/Commission/Council under PGPA, s 32A) and continuation/definition of the special Account (ss 33–35, with a note that the Account was established by earlier finance legislation). Those changes increase financial and reporting obligations but do not materially broaden the Centre’s research, funding or program mandate as set out in s 5."},"complexity_factors":["~14 defined terms in the interpretation section (Account, agricultural research, Centre, CEO, Commission, Commissioner, Council, institution, international agricultural research centre, President, annual report, appointed member etc.)","Cross‑references to at least four external statutes: Public Governance, Performance and Accountability Act 2013 (PGPA) (multiple sections), Public Service Act 1999 (staffing), Remuneration Tribunal Act 1973 (remuneration), Acts Interpretation Act 1901 (acting appointment rules)","Multiple bodies and roles to track: Centre (operational), Commission (advisory), Council (policy advice) and their intersecting appointment/meeting/delegation rules (Parts III–IV, ss 7–23)","Ministerial discretion points: written directions to CEO and Commission (ss 5A, 16K) and Ministerial appointment power for Council members (s 19(2))","Delegation and reporting chains: Commission delegations to Commissioners (s 16J), Ministerial delegations (s 41), CEO accountability under PGPA (s 32A)","Conditional/negative rules: CEO forbidden to carry out Commonwealth research (s 5(3)); multiple mandatory termination grounds for CEO/Commissioners (ss 16A, 29C)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes the Australian Centre for International Agricultural Research (the Centre) and three governance bodies: a Chief Executive Officer (CEO), a Commission for International Agricultural Research (the Commission) and a Policy Advisory Council (the Council) (ss 4, 4A, 7, 17).  \n- Gives the CEO primary operational duties: design programs and policies for agricultural research relevant to developing countries; commission (contract) research in Australia or overseas; publish and communicate research; fund training, development activities and international agricultural research centres (s 5).  \n- Requires the CEO to have regard to sharing research with persons or institutions in developing countries and expressly says the CEO cannot carry out research on behalf of the Commonwealth (s 5(2)–(3)).  \n- Makes the CEO the accountable authority for finance-law purposes and lists the Centre, Commission and Council as a single listed entity under the Public Governance, Performance and Accountability Act 2013 (PGPA) (s 32A).  \n- Creates a special account (the ACiar Account) to receive Parliamentary appropriations, other income and gifts, and sets out authorised payments from that account (ss 33–35).  \n- Sets appointment, term, remuneration and removal rules: CEO appointed by the Governor‑General for up to 7 years (full time); Commissioners appointed by the Governor‑General for up to 3 years (part time); Council members appointed by the Minister for up to 3 years (ss 10, 24, 25, 19(4)). Remuneration is determined by the Remuneration Tribunal or the regulations (ss 13, 27, 19A).  \n- Allows the Minister to give written directions to the CEO and to the Commission on how to perform their functions; those directions must be recorded in the Centre’s annual report (ss 5A, 16K, 39).  \n- Permits the Commission to advise the Minister on program design, priorities and funding, and permits the Council to provide policy advice (ss 9, 18).  \n- Provides standard administrative powers: the CEO may engage APS staff and consultants, enter staff‑sharing arrangements with other agencies and states, and the Commission may delegate to individual Commissioners (ss 30–32, 16J).  \n\n**Who is affected**\n\n- The Commonwealth: through appropriations and by delegating responsibility for a defined international agricultural research program to the Centre (ss 33–35, 5).  \n- The CEO and Centre staff: accountable for program delivery, procurement of research, financial reporting under PGPA, and subject to appointment/removal and employment rules (ss 4A, 5, 24, 30, 32A).  \n- The Minister: retains formal control via appointment powers and written directions to CEO and Commission (ss 5A, 16K, 24, 19(2)).  \n- Commissioners and Council members: have defined appointment, meeting and removal rules and receive remuneration/allowances as set out (ss 10–16C, 19–23, 13, 19A).  \n- Researchers, universities, firms and international centres: potential contractors and recipients of funding and training (s 5(b), (d)–(f); s 32).  \n- Developing‑country institutions and researchers: named beneficiaries of the Centre’s functions (s 5(2); definition of international agricultural research centre).  \n\n**Why it matters (policy intent and practical trade‑offs)**\n\nThe Act delegates to a statutory agency the task of identifying and funding research that addresses agricultural problems in developing countries. The stated purpose is to encourage and fund research and related training and development activities (s 5). Mechanically, this creates a Crown agent that: (a) commissions research contracts and training; (b) distributes public funds (via the special account); and (c) is subject to Commonwealth financial and public‑service accountability regimes (s 32A; ss 33–35).  \n\nTested against practical considerations:  \n- Who pays: Parliament (appropriations to the Account), plus any other income or gifts credited to the Account (s 34).  \n- Who decides program priorities: the CEO designs programs but the Minister can give written strategic directions to the CEO and the Commission (ss 5, 5A, 16K). The Commission and Council provide advice but do not have final decision power over spending (ss 9, 18).  \n- Incentives and trade‑offs: by centralising commissioning and funding decisions in the CEO (with Ministerial oversight), the Act creates demand for external research services (universities, consultants, international centres) — this can expand market opportunities for providers of agricultural research and training (s 5(b), s 32). At the same time, public control over priorities (ministerial directions, appointments) concentrates influence over what research is funded (ss 5A, 16K, 24, 10).  \n- Compliance and administrative costs: PGPA listing and the obligation to include directions in the annual report (ss 32A, 39) add reporting and governance requirements. Procurement and grant management to commission overseas work generates transaction costs for the Centre and for contractor organisations.  \n- Implementation risks and opportunity costs: funds devoted to international agricultural research are subject to the usual budget trade‑offs; appropriations to this Account use Parliamentary budget space that could have been spent elsewhere (ss 33–35). Recruiting a Council with a “substantial number” of non‑Australian residents (s 19(3)(b)) may increase administrative complexity (visas, meeting scheduling, tax/remuneration arrangements).  \n- Bureaucratic discretion and capture risk: the Act vests appointment and direction powers in the Minister and the Governor‑General (on advice) and requires Commissioners/Council members to disclose interests under PGPA‑linked rules (ss 10, 24, 5A, 16K, 16B). Those mechanisms are normal for statutory agencies but concentrate appointment and strategic influence in political or executive hands; the Act builds in financial and disclosure reporting that mitigates but does not eliminate that concentration (ss 32A, 16B, 39).  \n\n**Effects on private enterprise and competition**\n\n- The Centre largely operates by contracting and grant‑making. That creates new public demand for research, consultancy and training services (s 5(1)(b), s 32).  \n- The Act does not restrict private providers: it empowers the CEO to commission work from “persons or institutions” and to engage consultants on behalf of the Commonwealth (s 5(1)(b); s 32).  \n- The CEO is not permitted to carry out research on behalf of the Commonwealth itself (s 5(3)), so the model favours external delivery rather than an in‑house research lab.  \n- Inclusion under PGPA (s 32A) subjects contracts and spending to Commonwealth financial rules; that increases compliance for private providers bidding for or administering grants/contracts.  \n\n**Key sections to check in practice**\n\n- CEO functions and limits: s 5 (including s 5(2) and 5(3))  \n- Ministerial directions and reporting: ss 5A, 16K and 39  \n- Finance and accountability: ss 32A and 33–35  \n- Appointments, terms and termination: ss 10, 24, 16A, 29C  \n- Staff and procurement arrangements: ss 30–32\n\n**Bottom line (neutral)**\n\nThe Act creates a small statutory agency model: a full‑time CEO with delegated commissioning authority, advised by a part‑time Commission and an externally representative Council, funded through a special Account and subject to Commonwealth governance and reporting rules. It centralises public funding and prioritisation for agricultural research aimed at developing countries, produces contracting opportunities for external providers, and leaves strategic control and appointments with the Minister and the Governor‑General while embedding financial accountability under PGPA (see ss 5, 5A, 16K, 32A, 33–35)."},"kimi_summary":{"_metrics":{"completionTokens":587},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing ACIAR to fund agricultural research for developing countries. The structure with CEO, Commission, and Council has been stable since 1982, with amendments primarily modernising financial management and governance arrangements rather than expanding scope."},"complexity_factors":["Three separate governance bodies (Centre, Commission, Council) with overlapping but distinct functions","Extensive cross-referencing between Parts (e.g., Commission advises on CEO's functions in section 5)","Multiple appointment and termination regimes with different rules for CEO, Commissioners, and Council members","Incorporation by reference of external statutes (Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973)","Conditional logic for remuneration (Remuneration Tribunal determination vs regulations fallback)","Delegation provisions with evidentiary certificate mechanisms (section 16J)","Membership incompatibilities (Commissioners cannot be Council members, section 10(3) and 19(2A))","Quorum and voting rules that differ between Commission (4 of 7) and Council (7 of 11–13)"],"plain_english_summary":"This Act establishes the **Australian Centre for International Agricultural Research (ACIAR)** — an Australian government body that funds and coordinates agricultural research to help developing countries.\n\n**What it does:**\n- Creates the **Centre** itself, led by a Chief Executive Officer (CEO) who runs day-to-day operations\n- Sets up a **Commission for International Agricultural Research** — a 7-member advisory body (including a Chair) that advises the Minister on research programs and funding priorities\n- Establishes a **Policy Advisory Council** — a larger advisory group with 11–13 members, including international representatives, that provides policy advice on agricultural problems in developing countries\n\n**Key functions of the CEO:**\n- Develop research programs to identify and solve agricultural problems in developing countries\n- Commission research from Australian and overseas institutions\n- Fund training schemes, development activities, and international agricultural research centres\n- Share research results with developing countries\n\n**Important limits:**\n- The CEO **cannot** do research directly — only commission others to do it\n- The Minister can give written directions to both the CEO and the Commission (these must be reported annually)\n- The CEO is the \"accountable authority\" under Commonwealth financial management laws\n\n**Money matters:**\n- A special **ACIAR Account** holds government appropriations, gifts, and bequests\n- The Account pays for research costs, staff, and member remuneration\n\n**Who it affects:**\n- Australian and international researchers receiving ACIAR funding\n- Developing country partners in agricultural research\n- Australian public servants working in international development"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1982 Act was narrowly focused on commissioning agricultural research to identify and solve farming problems in developing countries. Over time, the scope has expanded meaningfully: the CEO's functions now explicitly include funding international agricultural research centres, conducting development activities (not just research), and establishing training schemes. The governance structure has also grown more elaborate, with the addition of the Commission as a formal advisory body separate from the original Policy Advisory Council. Financial governance has been updated to align with modern Commonwealth frameworks. These changes reflect a broader conception of ACIAR's role — from pure research commissioning to a wider international agricultural development mandate."},"complexity_factors":["Three overlapping governance bodies (Centre/CEO, Commission, Council) with distinct but interrelated roles that can be confusing to untangle","Interaction with multiple other Commonwealth laws (Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901)","Layered ministerial direction powers — Minister can direct both the CEO and the Commission separately, with different procedural requirements for each","Cross-membership restrictions between the Commission and the Council add governance complexity","The CEO can simultaneously hold the role of Commissioner (including Chair), creating potential dual-role complexity","Special Account financial mechanism requires understanding of Commonwealth appropriation and finance law","The document as provided contains significant repetition of the same sections, which adds length but not genuine legal complexity","References to a now-outdated position ('Director-General, Australian International Development Assistance Bureau') suggesting the Act has aged without full updating"],"plain_english_summary":"This Act creates the Australian Centre for International Agricultural Research (ACIAR) to fund and coordinate agricultural research, training and development activities that help developing countries solve farming, forestry and fisheries problems. It sets out governance, accountability and reporting rules to ensure public funds are used transparently and strategically.\n\nIt affects Australian researchers, universities, international agricultural organisations, developing-country partners, appointed officials and taxpayers by channeling Australia’s aid into science-driven rural development."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-centre-for-international-agricultural-research-act-1982","history":"/api/acts/australian-centre-for-international-agricultural-research-act-1982/history","analysis":"/api/acts/australian-centre-for-international-agricultural-research-act-1982/analysis","conflicts":"/api/acts/australian-centre-for-international-agricultural-research-act-1982/conflicts","importantCases":"/api/acts/australian-centre-for-international-agricultural-research-act-1982/important-cases","documents":"/api/acts/australian-centre-for-international-agricultural-research-act-1982/documents"}}