An Act to encourage research for the purpose of identifying, or finding solutions to, agricultural problems of developing countries
Part I—Preliminary
1 Short title
This Act may be cited as the Australian Centre for International Agricultural Research Act 1982.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
In this Act, unless the contrary intention appears:
Account means the account continued in existence by section 33.
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.
agriculture includes such uses of land as are prescribed for the purposes of this definition.
annual report means the report referred to in section 39.
appointed member of the Council means a member of the Council appointed under subsection 19(2).
Centre means the Australian Centre for International Agricultural Research.
CEO means the Chief Executive Officer of the Centre.
Chair means the Chair of the Commission.
Commission means the Commission for International Agricultural Research established by section 7.
Commissioner means a Commissioner of the Commission appointed in accordance with section 10 and includes the Chair.
Council means the Policy Advisory Council.
institution includes:
(a) an organization, group or body, whether incorporated or unincorporated; and
(b) a Department of State, or an authority, of the Commonwealth or of a State or Territory.
international agricultural research centre means an independent, non‑profit organisation that:
(a) is internationally funded; and
(b) carries out:
(i) research into sustainable improvements in the productivity of agriculture, forestry and fisheries in developing countries; and
(ii) activities related to such research.
President means the President of the Council.
Part II—The Australian Centre for International Agricultural Research
4 Establishment of Centre
(1) There is hereby established a Centre by the name of the Australian Centre for International Agricultural Research.
(2) The Centre consists of:
(a) the CEO; and
(b) the staff of the Centre referred to in section 30.
4A The Chief Executive Officer
There is to be a Chief Executive Officer of the Centre.
Note: Part V deals with the appointment and terms and conditions of the CEO.
5 Functions of the CEO
(1) The functions of the CEO are:
(a) to formulate programs and policies with respect to agricultural research for either or both of the following purposes:
(i) identifying agricultural problems of developing countries;
(ii) finding solutions to agricultural problems of developing countries;
(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
(c) to communicate to persons and institutions the results of such agricultural research; and
(d) to establish and fund training schemes related to the research programs referred to in paragraph (a); and
(e) to conduct and fund development activities related to those research programs; and
(f) to fund international agricultural research centres.
(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.
(3) Nothing in this section authorises, or permits, the CEO to carry out research on behalf of the Commonwealth.
(4) The CEO must, in performing his or her functions, comply with any directions given to the CEO under section 5A.
5A Power of Minister to give directions
(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).
Note: A direction under this section is included in the annual report: see section 39.
(2) A direction given under subsection (1) is not a legislative instrument.
6 Functions of the staff of the Centre
The functions of the staff of the Centre referred to in section 30 are to assist the CEO perform his or her functions.
Part III—Commission for International Agricultural Research
Division 1—The Commission
7 Establishment of Commission
The Commission for International Agricultural Research is established by this section.
8 Constitution of the Commission
The Commission consists of:
(a) a Chair; and
(b) 6 other Commissioners.
9 Functions of the Commission
The functions of the Commission are:
(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
(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
(c) to provide advice to the Minister on program and funding priorities; and
(d) to provide advice to the Minister, on the Minister’s request, on any other matter relating to this Act.
Division 2—The Commissioners
10 Appointment of Commissioners
(1) A Commissioner is to be appointed by the Governor‑General by written instrument.
(2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(3) A person cannot be appointed as a Commissioner if the person is a member of the Council.
11 Appointments to be part‑time
A Commissioner holds office on a part‑time basis.
12 Terms and conditions—general
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.
13 Remuneration and allowances
(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.
(2) A Commissioner is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
14 Acting Commissioner
The Minister may appoint a person to act as a Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(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.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
15 Leave of absence
(1) The Chair may grant leave of absence to any other Commissioner on the terms and conditions that the Chair determines.
(2) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.
16 Resignation
A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.
16A Termination of appointment
(1) The Governor‑General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of a Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or
(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.
16B Disclosure of interests
(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.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(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.
Division 3—Meetings of the Commission
16C Times and places of meetings
(1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.
(2) Meetings are to be held at the times and places determined by the Commission.
(3) The Chair may call a meeting at any time.
(4) The Chair must ensure that at least 4 meetings are held each financial year.
16D Notice of meetings
Each Commissioner is entitled to receive reasonable notice of the Commission’s meetings.
16E Who presides at meetings
(1) The Chair presides at all meetings of the Commission at which he or she is present.
(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.
16F Quorum
At a meeting of the Commission, 4 Commissioners constitute a quorum.
16G Voting at meetings
(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.
(2) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, if necessary, also a casting vote.
16H Conduct of meetings
(1) The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
(2) The Commission must ensure that minutes of its meetings are kept.
Division 4—Delegation by Commission
16J Delegation by Commission
(1) The Commission may, by resolution, delegate all or any of its functions or powers under this Act to a Commissioner.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In exercising a delegated function or power, the delegate must comply with any written directions of the Commission.
(3) The delegation continues in force despite a change in the constitution of the Commission.
(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).
(5) A certificate signed by the Chair stating any matter with respect to the delegation is prima facie evidence of the matter.
(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.
Division 5—Directions by the Minister
16K Directions by the Minister
(1) The Minister may, by writing, give directions to the Commission with respect to the performance of the Commission’s functions under this Act.
(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.
(3) The Minister must give a copy of a direction to the CEO.
Note: A direction under this section is included in the annual report: see section 39.
Part IV—The Policy Advisory Council
17 Establishment of Council
There is hereby established a Council by the name of the Policy Advisory Council.
18 Function of Council
(1) The function of the Council is to provide advice to the Minister regarding:
(a) agricultural problems of developing countries; and
(b) programs and policies with respect to agricultural research for either or both of the following purposes:
(i) identifying agricultural problems of developing countries;
(ii) finding solutions to agricultural problems of developing countries.
(2) The Council shall provide advice under subsection (1) on such occasions as it thinks fit and on request by the Minister.
(3) The Minister shall arrange for a copy of any advice provided by the Council to be furnished to the Commission.
19 Constitution of Council
(1) The Council shall consist of:
(a) a President;
(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
(d) not fewer than 9 nor more than 11 other members.
(2) The members referred to in paragraphs (1)(a) and (d) shall be appointed by the Minister.
(2A) A person cannot be appointed as a member of the Council if the person is a Commissioner.
(3) In appointing persons under subsection (2):
(a) the Minister shall have regard to:
(i) the knowledge of the persons concerning agricultural problems of developing countries; or
(ii) the experience of the persons in organizing or conducting agricultural research; and
(b) the Minister shall ensure that a substantial number of the members of the Council are residents of countries other than Australia.
(4) An appointed member of the Council:
(a) shall be appointed to be a part‑time member; and
(b) holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment.
(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:
(a) a vacancy in the office of President;
(c) the number of members referred to in paragraph (1)(d) having fallen below 9 for a period of not more than 3 months.
(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.
19A Remuneration and allowances
(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.
(2) An appointed member of the Council is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
20 President to keep Council informed
The President shall ensure that the Council is kept adequately informed with respect to the affairs of the Centre.
21 Termination of appointment
(1) The Minister may terminate the appointment of an appointed member of the Council by reason of misbehaviour or physical or mental incapacity.
(2) If an appointed member of the Council:
(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
(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;
the Minister shall terminate the appointment of that member.
22 Resignation
An appointed member of the Council may resign his or her office by writing signed by him or her and delivered to the Minister.
23 Meetings of Council
(1) The President:
(a) shall convene such meetings of the Council as he or she considers necessary for the conduct of its business; and
(b) shall, on receipt of a written request signed by no fewer than 6 members of the Council, convene a meeting of the Council.
(2) The Minister may at any time convene a meeting of the Council.
(3) The President shall preside at all meetings of the Council at which he or she is present.
(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.
(5) At a meeting of the Council, 7 members constitute a quorum.
(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.
(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.
(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.
Part V—The CEO
24 Appointment of CEO
(1) The CEO is to be appointed by the Governor‑General by written instrument.
(2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.
(3) A person may be appointed as both the CEO and a Commissioner (including the Chair).
25 Appointment to be full‑time
The CEO holds office on a full‑time basis.
26 Terms and conditions—general
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.
27 Remuneration and allowances
(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.
(2) The CEO is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
28 CEO not to engage in paid employment
The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
29 Acting CEO
The Minister may appoint a person to act as the CEO:
(a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
(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.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
29A Leave of absence
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(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.
29B Resignation
The CEO may resign his or her appointment by giving the Governor‑General a written resignation.
29C Termination of appointment
(1) The Governor‑General may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or
(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.
29E CEO not subject to direction by the Commission on certain matters
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:
(a) the Public Governance, Performance and Accountability Act 2013; or
(b) the Public Service Act 1999;
in relation to the Centre.
Part VI—Staff and consultants
30 Staff
(1) The staff of the Centre shall be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
31 Arrangements relating to staff
(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.
(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.
32 Consultants
The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.
Part VIA—Application of the finance law
32A Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the following combination of bodies is a listed entity:
(i) the Centre;
(ii) the Commission;
(iii) the Council; and
(b) the listed entity is to be known as the Australian Centre for International Agricultural Research; and
(c) the CEO is the accountable authority of the listed entity; and
(d) the following persons are officials of the listed entity:
(i) the CEO;
(ii) the Commissioners;
(iii) the members of the Council referred to in subsection 19(1);
(iv) the staff of the Centre referred to in section 30;
(v) persons whose services are made available to the CEO under section 31;
(vi) consultants engaged under section 32; and
(e) the purposes of the listed entity include:
(i) the functions of the CEO referred to in section 5; and
(ii) the functions of the staff of the Centre referred to in section 6; and
(iii) the functions of the Commission referred to in section 9; and
(iv) the function of the Council referred to in section 18.
Part VII—The Australian Centre for International Agricultural Research Account
33 Australian Centre for International Agricultural Research Account
(1) There is continued in existence the Australian Centre for International Agricultural Research Account.
Note: The Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
34 Credits to the Account
There must be credited to the Account amounts equal to the following:
(a) all money appropriated by the Parliament for the purposes of the Account;
(b) other money received by the Commonwealth in relation to the performance of the functions of the CEO;
(c) amounts of any gifts given or bequests made for the purposes of the Account.
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.
35 Purposes of the Account
(1) This section sets out the purposes of the Account.
(2) Amounts standing to the credit of the Account may be debited for the following purposes:
(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;
(b) in payment of any remuneration and allowances payable to any person under this Act.
Part VIII—Miscellaneous
39 Annual report
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:
(a) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and
(b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.
41 Delegation by Minister
The Minister may, by writing, delegate to any person all or any of the Minister’s functions or powers under this Act.
42 Regulations
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.
Division Division 3 - Australian Centre for International Agricultural Research Act 1982 - Meetings of the Commission | Zoe