This Act establishes a statutory, perpetual trust to fund, promote and administer research and development related to beef and cattle production in Tasmania. The body corporate created is called the Tasmanian Beef Industry (Research and Development) Trust, or the Trust (s 4). The Trust is given corporate capacity, a common seal (s 4(1)-(3)), the power to sue and be sued in its corporate name (s 4(2)(c)), and is designed to hold and apply funds for the objects listed in s 5.

Mechanically, the Act does the following things:

• Constitutes the Trust as a statutory corporation with perpetual succession until dissolution under s 17 (s 4(1)-(2)(a)).
• Defines the Trust's objects as R&D, training, dissemination of information and incidental activities specifically in relation to beef or cattle production, processing, storage, transport and marketing (s 5).
• Prescribes the composition of the board of trustees: five members appointed by the Minister, two of whom must be beef producers selected by the Minister from a panel provided by the TFGA Board in consultation with the Meat Council; three are industry-experienced persons, at least one with agricultural science expertise (s 6(1)(a)-(b)).
• Sets governance and meeting rules in Schedules 1 and 2 including quorum, voting thresholds, chair election, minute keeping, disclosure of pecuniary interests and grounds for vacation of office (s 7; Sched 1 and Sched 2).
• Enables the Trust to receive monies from the original fund and other sources, to make grants, to employ staff and to invest funds (ss 8-11).
• Requires proper accounts and, since the 2008 amendment, preparation and forwarding of financial statements to the Auditor‑General under the Audit Act 2008 (s 11(1) and (1A)).
• Gives the Minister a supervisory and remedying power, including a statutory process to dissolve the Trust if it fails to meet specified obligations; on dissolution the Minister assumes the Trust's powers and must ensure remaining funds are used consistent with the Act and lay reasons before Parliament (s 13A(1)-(5)).
• Contains an express exemption for documents executed by the Trust from Tasmania State taxes and charges (s 15).
• Provides the Governor with regulation-making power (s 16) and sets an expiration / winding‑up mechanism when funds are exhausted (s 17).

The Act also records various amendment notations in its headings and schedules. Several procedural obligations (for example, the annual report in s 12) have been amended and in some cases repealed; the statutory text contains those amendment notes which must be read alongside the operative provisions (see s 12 annotation and s 13A which cross-refers to s 12).

In short, the Act creates a small, specialised grant-making public trust focused on beef industry R&D, sets governance and financial accountability rules, embeds participation routes for industry organisations (TFGA and Meat Council), grants the Minister appointment and remediation powers, and ties financial oversight into the Auditor‑General framework.

This Act revolves around four core concepts: the Trust as a statutory corporation, narrowly defined objects linked to beef industry R&D, a mixed industry-ministerial appointment and governance model, and financial and accountability arrangements aligned with public audit processes.

Trust as statutory corporation

• The Trust is a statutory body corporate with perpetual succession until formally dissolved under s 17 (s 4(1)-(2)(a)). It carries a common seal and has the usual capacities of a corporation (s 4(2)(b)-(d)). Courts are to take judicial notice of its seal (s 4(3)-(4)). These mechanics place the Trust within ordinary corporate formalities while keeping it as a creature of statute.

Objects and permitted activities

• Section 5 confines the Trust’s objects to encouragement and promotion of systematic experimentation or analysis in science, technology or economics linked to beef or cattle. Objects are specifically enumerated: acquiring and applying knowledge to improve production/processing/storage/transport/marketing (s 5(a)-(b)), training researchers (s 5(c)), dissemination of information and assistance aimed at adoption of technical developments (s 5(d)), publication (s 5(e)) and incidental activities (s 5(f)). The objects are both research-oriented and practice-diffusion oriented, which structures permissible grant-making and operational activity.

Composition and selection mechanisms

• The Trust consists of five ministerially appointed members (s 6(1)). Two seats are reserved for beef producers and must be chosen from a panel provided by the TFGA Board in consultation with the Meat Council (s 6(1)(a)). The other three are persons with industry experience, at least one with agricultural science expertise (s 6(1)(b)). Terms are for up to five years as specified by the Minister (s 6(2)) and members may not serve more than two consecutive terms (s 6(3)). This creates an appointment model blending ministerial control with industry nominations for seats, and an explicit technical expertise requirement.

Governance and conflict management

• Schedules 1 and 2 set governance norms: quorum (four members required, Sched 2 cl 1(2)), voting thresholds (three votes required for a decision, Sched 2 cl 2(2)), annual election of chair (Sched 2 cl 2(1)), minute keeping (Sched 2 cl 3), disclosure and exclusion for pecuniary interests (Sched 2 cl 4) and vacation of office triggers including bankruptcy or conviction (Sched 1 cl 1(1)). The Minister must be invited to every meeting as an observer (Sched 2 cl 1(3)). These rules limit internal procedural discretion but give the Trust broad latitude in day-to-day procedures (Sched 2 cl 5).

Primary affected parties

• Beef producers: The Act defines a "beef producer" in s 3 as a natural person engaged in breeding, rearing or managing beef cattle who derives a substantial proportion of his or her annual income from such activities. Two of the five Trust members must be beef producers selected by the Minister from a TFGA-provided panel (s 6(1)(a)). Beef producers are both beneficiaries of the Trust (as a source of industry R&D and dissemination) and participants in governance for two seats.

• TFGA and Meat Council: The Tasmanian Farmers and Graziers Association (TFGA) and the Meat Council (as defined in s 3) are directly involved in membership selection. The TFGA Board supplies the panel of names and consults with the Meat Council for the two beef-producer positions (s 6(1)(a)). This gives industry representative bodies an institutional role in shaping the Trust’s composition and, indirectly, its grant priorities.

• Grant applicants and recipients: Persons and organisations seeking research or extension grants in the beef/cattle value chain are directly affected because the Trust may make grants from its funds and receive other monies (s 8(a)-(b)). Receiving entities will be constrained to activities consistent with the objects in s 5.

Government actors and oversight institutions

• The Minister: Defined in s 3 as the Minister administering the Primary Produce Safety Act 2011 (per amendment note), the Minister appoints Trust members (s 6(1)), specifies terms (s 6(2)), may remove members (Sched 1 cl 1(2)), receives annual reports (see historical s 12 text and related annotations), must be invited as an observer to meetings (Sched 2 cl 1(3)) and holds dissolution and takeover powers under s 13A. The Minister therefore both appoints and supervises the Trust.

• Auditor‑General and Audit Act framework: The Trust must forward financial statements to the Auditor‑General under the Audit Act 2008 (s 11(1A)). This places the Trust within the State audit regime, affecting accountants, auditors and the Trust’s internal financial controls.

Other stakeholders

• Employees and contractors: The Trust may employ staff (s 8(c)) and engage consultants; such persons will be subject to employment arrangements funded by the Trust’s money (s 9(3)(a)). Schedule 1 cl 1(1)(da) makes salaried TFGA officers ineligible for membership, affecting TFGA staff.

This section lists the operative statutory duties placed on the Trust, its members, the Minister and related actors, and the rights those actors enjoy under the Act. Each duty or right is referenced to the specific provision.

Trust duties and powers

• Make grants and apply funds for the Act’s objects: The Trust may make grants out of its funds to persons or organisations in furtherance of its objects (s 8(a)). It also has the power to receive money and property by grant, subscription, gift or bequest for those objects (s 8(b)).
• Financial management: The Trust shall establish authorised deposit‑taking institution accounts as considered necessary (s 9(1) note) and its funds shall consist of monies paid under s 14 and other money received (s 9(2)). Funds must be applied in payment of expenses, charges, obligations and any fees or allowances under the Act (s 9(3)).
• Investment powers: The Trust may temporarily invest surplus money in any manner trustees are authorised under the Trustee Act 1898 (s 10).
• Accounts and audit: The Trust must keep proper accounts and records (s 11(1)) and, under s 11(1A), prepare and forward financial statements to the Auditor‑General in accordance with the Audit Act 2008. The Trust may employ staff to carry out accounting duties and pay them from its funds (s 11(2)).

Members’ duties and governance rights

• Membership and appointments: Members are appointed by the Minister (s 6(1)). Terms for non-producer members are for a period up to five years as the Minister specifies (s 6(2)). Members may not serve more than two consecutive terms (s 6(3)).
• Meeting conduct and decision-making: Meetings are to be conducted in accordance with Schedule 2 (s 7(2)). No business may be conducted unless four members are present (Sched 2 cl 1(2)); a decision requires at least three votes (Sched 2 cl 2(2)). Members elect a chair annually (Sched 2 cl 2(1)). Each member has one vote (Sched 2 cl 2(3)).
• Conflict disclosure and exclusion: Members with direct or indirect pecuniary interests must disclose them promptly at meetings (Sched 2 cl 4(1)) and will normally be excluded from deliberations and decision-making on that matter (Sched 2 cl 4(2)). Where a determination is required about whether the member may participate, any member with an interest in the matter cannot take part in that determination (Sched 2 cl 4(3)).
• Vacation of office: Members vacate office on death, bankruptcy, absence from three consecutive meetings without excuse, conviction of a serious offence, becoming a salaried TFGA officer, or resignation accepted by the Minister (Sched 1 cl 1(1)(a)-(e)). The Minister may remove a member if satisfied the member is incapable of performing duties or has voted while interested (Sched 1 cl 1(2)). On vacancy the Minister may appoint a person for the balance of the term (Sched 1 cl 1(3)).

The Act provides a largely administrative enforcement architecture rather than criminal sanctions. It relies on governance controls, removal mechanisms, audit oversight and dissolution as primary enforcement levers.

Administrative and removal mechanisms

• Vacation of office: Sched 1 cl 1(1) prescribes automatic vacation of office on certain events: death, bankruptcy or insolvency arrangements, absence from three consecutive meetings without excuse, conviction of an offence punishable by 12 months or more imprisonment, or (since the 2014 amendment) becoming a salaried TFGA officer (Sched 1 cl 1(1)(a)-(da)). These rules operate as immediate automatic enforcement triggers for membership eligibility.

• Ministerial removal power: The Minister may remove a member where satisfied that the member is incapable of performing duties due to ill-health or otherwise, or where the member has voted in respect of a matter in which they were interested (Sched 1 cl 1(2)). The power is discretionary and administrative, not criminal.

Auditor and financial oversight

• Audit regime: Section 11(1A) requires the Trust to prepare and forward financial statements to the Auditor‑General under the Audit Act 2008. Audit processes and recommendations that flow from that Act are enforcement mechanisms relying on audit findings, public reporting and follow-up actions consistent with the Audit Act. The Act itself does not set fines for financial irregularity but places the Trust within the State’s audit and accountability framework.

Ministerial dissolution power

• Section 13A establishes a graduated enforcement pathway culminating in dissolution:

  • The Minister may serve notice if satisfied that the Trust has failed to meet obligations under s 8, s 11, s 12 or clauses 1-4 of Schedule 2 (s 13A(1)-(2)).
  • The notice must allow not less than three months for rectification, and the Minister may extend this period (s 13A(2)-(3)).
  • If, after exploring reasonable options to rectify (including replacing trustees), the Trust still fails, the Minister may dissolve the Trust (s 13A(4)).
  • On dissolution, the Minister acquires all powers and functions of the Trust and must ensure remaining funds are used for the Act’s purposes, and lay a copy of reasons for dissolution before each House of Parliament within 21 sitting-days (s 13A(5)(a)-(c)).

The Act cross-references a small set of Tasmanian statutes and relies on external frameworks for investment and audit control. The text includes amendment annotations that also tie interpretive context to later Acts.

Referenced statutes and frameworks

• Trustee Act 1898: The Trust may temporarily invest money in any manner in which trustees are authorised to invest trust funds under the Trustee Act 1898 (s 10). That cross-reference imports trustee investment duties and standards applicable to private trustees into the Trust’s investment decisions. Practically, the Trust must ensure its investment policy complies with trustee fiduciary standards and statutory investment rules under that Act.

• Audit Act 2008: The Trust must prepare and forward financial statements to the Auditor‑General in accordance with the Audit Act 2008 (s 11(1A)). This embeds the Trust in the State public audit regime, making it subject to audit scrutiny, audit reporting and any follow-up measures available under that Act. The timing and form of financial statements are dictated by the Audit Act’s processes.

• Rules Publication Act 1953: Section 13A(6) declares that a notice under s 13A is not a "statutory rule" for the purposes of the Rules Publication Act 1953. This limits the procedural requirements associated with the publication of certain subordinate instruments; a dissolution notice therefore is not treated as a statutory rule that would otherwise require tabling or gazettal processes under the Rules Publication Act.

• Primary Produce Safety Act 2011: The definition of "the Minister" was amended to mean the Minister administering the Primary Produce Safety Act 2011 (s 3 annotation referencing No. 36 of 2011). That linkage identifies the ministerial portfolio responsible for the Trust, aligning oversight with primary produce policy responsibilities.

• Gazette and publication requirements: Section 17 requires the Minister to fix a date for expiration of the Act by notice published in the Gazette when funds are exhausted. The requirement to use the Gazette links to standard statutory notice practice in Tasmania.

Tax and state law interactions

• Section 15 exempts documents executed by the Trust from any tax or charge under a law of Tasmania. This is a statutory tax/charge exemption for executed documents; it does not expressly address other forms of taxation such as Commonwealth income tax or duties under other jurisdictions. The exemption operates within the domain of Tasmanian state taxes and charges only.

The Act’s text contains embedded amendment annotations. The following lists those changes and where they are indicated in the text provided. All references are to the annotations appearing in the Act text you supplied.

Key amendments recorded in the text

• No. 27 of 2014:

  • Section 3 was amended by No. 27 of 2014, s 4, applied 17 Dec 2014, to add definitions for "beef producer", "Meat Council", and "TFGA" (s 3 annotation).
  • Section 6(1) was substituted by No. 27 of 2014, s 5, applied 17 Dec 2014, to set the Trust as consisting of five members and to provide the selection mechanism involving TFGA and Meat Council (s 6(1) annotation).
  • Section 6(3) was inserted by No. 27 of 2014, s 5, applied 17 Dec 2014, limiting members to two consecutive terms (s 6(3) annotation).
  • Schedule 1 was amended by No. 27 of 2014, s 8, applied 17 Dec 2014, adding (da) to cl 1(1) disqualifying salaried TFGA officers from membership and amending cl 2 on fees and allowances (Sched 1 cl 1(1)(da); cl 2 annotation).
  • Schedule 2 was amended by No. 27 of 2014, s 9, applied 17 Dec 2014, changing quorum and voting rules, requiring ministerial invitation to meetings and chair election/voting thresholds (Sched 2 cl 1(2), cl 1(3), cl 2(1)-(2) annotations).
  • Section 13A was inserted by No. 27 of 2014, s 7, applied 17 Dec 2014, creating the Minister’s power to dissolve the Trust where certain obligations are not met (s 13A annotation).

• No. 36 of 2011:

  • Section 3 was amended by No. 36 of 2011, Sch 2, applied 01 Feb 2015, to define "the Minister" as the Minister administering the Primary Produce Safety Act 2011 (s 3 annotation).

• No. 50 of 2008:

  • Section 11(1) and the insertion of s 11(1A) were effected by No. 50 of 2008, Sch 2, applied 01 Jul 2010, making the Trust subject to financial statement forwarding to the Auditor‑General under the Audit Act 2008 (s 11 annotations).
  • Section 12 was amended by No. 50 of 2008, Sch 1, applied 01 Mar 2009, and ultimately s 12 was repealed by No. 50 of 2008, Sch 2, applied 01 Jul 2010. The repeal is recorded in the text (s 12 annotation). The historical content of s 12 prior to repeal required an annual comprehensive report (s 12(1)) to the Minister by 30 September each year; that subsection and its contents are present in the annotated text as repealed material.

The provided Act text does not record any cases or judicial decisions about its construction, operation, or challenges. The text names no cases, and there is no litigation history set out within the statutory material you provided.

What the Act does supply that could generate litigation

• Disputes over appointment or removal: The Minister’s appointment power (s 6) and removal power (Sched 1 cl 1(2)) could lead to administrative-law challenges if an aggrieved person alleges breach of natural justice or improper exercise of discretion.

• Grant decisions and contractual disputes: The Trust’s grant-making role (s 8(a)) may generate contract or public‑law disputes where applicants claim maladministration, breach of statutory objects, or improper allocation of funds. Civil contract or tort claims could arise where grant conditions are disputed.

• Interpretation of powers after dissolution: The Minister’s takeover on dissolution under s 13A(5)(a) may prompt litigation over the scope of the Minister’s powers and the use of previous Trust funds, particularly if former grantees or creditors assert competing claims.

• Audit and financial accountability: Audit findings under the Audit Act 2008 (s 11(1A)) might give rise to legal disputes over adequacy of records, disclosure and statutory compliance, potentially generating proceedings or public reports that spur parliamentary or administrative action.

Practical approach for research

• Because the Act text contains no litigation examples, anyone seeking reported litigation or judicial consideration should search Tasmanian law reports, the Australasian Legal Information Institute (AustLII) database, and the Tasmanian Supreme Court and Federal Court dockets for cases naming the Trust, the Minister, TFGA, or the Meat Council. Also search administrative law judgments for judicial review applications related to appointments, removals, or dissolution notices under s 13A.

• Check audit reports produced by the Auditor‑General post‑2008, which may contain references to the Trust and could indicate disputes or findings prompting further legal action.

Absent such searches, the Act’s text offers no direct litigation history to summarise.

This Act is compact but contains several practical and interpretive pitfalls to watch for. The following points are grounded in the statute as supplied.

Quorum and meeting paralysis risk

• The Trust has five members (s 6(1)) and Schedule 2 requires four members to be present before business may be conducted (Sched 2 cl 1(2)). That is a high quorum threshold relative to board size. If vacancies occur or members are frequently absent, the Trust could be unable to transact business. The Minister’s power to appoint replacements for vacancies is available (Sched 1 cl 1(3)), but delays in appointments may freeze operations and grant-making.

Ministerial observer role

• The Minister must be invited to attend every meeting as an observer (Sched 2 cl 1(3)). That creates an ongoing informational pipeline to the Minister but also raises potential issues around confidentiality of deliberations and the perception of ministerial influence. The Act does not stipulate conditions for the observer’s participation beyond invitation; the observer is not given a vote under the membership voting regime (Sched 2 cl 2(3)).

Conflicting references to repealed provisions

• Section 13A(1) lists failure to meet obligations under s 12 as a trigger for the Minister’s dissolution power. Yet s 12 is annotated as repealed (s 12 annotation). This textual tension requires careful legal review: is s 12 intended to remain an operative ground despite repeal, or does s 13A reference a historical reporting duty that no longer exists? Do other provisions or regulations fill the gap? Practitioners should examine the consolidated statute and legislative amendments to resolve this.

Industry nomination plus ministerial selection

• Two members must be selected by the Minister from a TFGA-provided panel in consultation with the Meat Council (s 6(1)(a)). That process injects TFGA/MFC influence but preserves final appointment control with the Minister. Conflicts may arise if the Minister’s appointees diverge from panel rankings or where the TFGA considers consultation inadequate. The Act provides no statutory timetable or criteria for the panel process.

Term limits and succession planning

• Members other than those described in s 6(1)(b) have terms of up to five years as the Minister specifies (s 6(2)). Members may not serve more than two consecutive terms (s 6(3)). These limits require proactive succession planning for institutional knowledge continuity. Coupled with the quorum requirement, poor succession management can stall the Trust.

This section provides concrete, Act-grounded steps and practices a Trust, its members, the Minister’s office, and prospective grantees should follow to meet statutory obligations and reduce governance risk.

Governance and membership

• Appointment process: Ensure the Minister’s office and the TFGA Board coordinate to provide the panel of names promptly for the two beef-producer seats (s 6(1)(a)). Keep written records of the panel selection process and evidence of Meat Council consultation to demonstrate compliance with the s 6(1)(a) requirement.

• Terms and reappointment: Track members’ term start and end dates meticulously to enforce the two-consecutive-terms limit (s 6(3)) and the up-to-five-year term maximum (s 6(2)). Maintain an appointments register showing instruments of appointment and term specifications.

• Vacancy and replacement: On vacancy, the Minister may appoint a person for the balance of the term (Sched 1 cl 1(3)). Create a succession plan and a formal vacancy notification process to expedite Ministerial appointments and avoid quorum issues.

Meetings and procedural requirements

• Quorum and voting: Schedule meetings so that at least four members can attend (Sched 2 cl 1(2)). Adopt a formal attendance policy and leave procedures to avoid absences that could trigger vacation of office (Sched 1 cl 1(1)(c)).

• Chair election and minutes: Elect a chair annually as required (Sched 2 cl 2(1)). Keep accurate and contemporaneous minutes of all meetings, recording attendance, disclosed interests, deliberations and voting outcomes (Sched 2 cl 3; Sched 2 cl 4(2)). Store signed minutes in a secure corporate records repository.

• Conflict-of-interest procedures: Implement a written conflicts policy that mirrors Sched 2 cl 4: require early disclosure of direct or indirect pecuniary interests, record disclosures in minutes, and exclude conflicted members from deliberation and decision-making unless the Trust expressly permits participation (Sched 2 cl 4(1)-(2)). For determinations about whether a member may participate, ensure any member with an interest does not participate in making that determination (Sched 2 cl 4(3)).

Financial controls and audit compliance

• Bank accounts and investments: Open and maintain authorised deposit-taking institution accounts as needed (s 9(1) annotation). Adopt an investment policy consistent with trustee investment standards under the Trustee Act 1898 (s 10). Document the investment policy, approvals and periodic reviews.