Primary Industries Research and Development Act 1989

Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

Section 9, subsections 26(2), 31(2), 36(2) and 39(2), Part 3, section 156 and Schedule 1 commence on 1 July 1990.

the Commonwealth must pay to those corporations amounts connected with various levies and charges collected under rules made under the Primary Industries Levies and Charges Collection Act 2024; and

those corporations must spend the payments on various activities, including research and development activities and marketing activities for the benefit of primary industries; and

the Commonwealth must also make matching payments to those corporations, based on amounts of expenditure on research and development activities or certain other activities by those corporations and on gross value of production amounts; and

those corporations must spend the matching payments on various activities, including research and development activities for the benefit of primary industries.

make provision for the undertaking of research and development relating to primary industries with a view to:

increasing the economic, environmental and social benefits to members of primary industries and to the community in general by improving the production, processing, storage, transport or marketing of the products of primary industries; and

achieving the sustainable use and sustainable management of natural resources; and

making more effective use of the resources and skills of the community in general and the scientific community in particular; and

supporting the development of scientific and technical capacity; and

developing the adoptive capacity of primary producers; and

improving accountability for expenditure on research and development activities in relation to primary industries; and

make provision for the undertaking of marketing relating to products of primary industries.

In this Act, unless the contrary intention appears:

the Chairperson; and

the Executive Director;

the marketing, advertising or promotion of:

a designated primary industry sector in relation to that Corporation; or

goods that are the produce, or that are derived from the produce, of a designated primary industry sector in relation to that Corporation;

activities incidental to such marketing, advertising or promotion.

the production of agricultural or other primary produce; or

the conservation and the sustainable use and management of a natural resource.

a research and development corporation established under regulations, or continued in existence under regulations, made for the purposes of section 8; or

the Rural Industries Research and Development Corporation established under section 9.

A reference in this Act to expenses incurred by a Selection Committee includes a reference to the remuneration and allowances payable to the Presiding Member and other members of the Selection Committee and persons employed or engaged by the Selection Committee.

designated primary industry sector in relation to an R&D Corporation;

research and development;

research and development activity.

The definitions in that Act apply, in part, in relation to a statutory recipient body, which includes an R&D Corporation.

The Minister may, by notice published in the Gazette, declare one or more specified organisations to be representative organisations in relation to an R&D Corporation.

A declaration may be made in respect of an R&D Corporation at any time after the making of regulations under section 8 establishing the Corporation, even if the regulations concerned are not in force at that time.

The Minister must, in relation to each R&D Corporation, declare at least one organisation to be a representative organisation.

A declaration must be published on the Department’s website as soon as practicable after it is made.

establish a research and development corporation with the name prescribed by the regulations; or

continue in existence a research and development corporation prescribed by the regulations.

An R&D Corporation:

is a body corporate with perpetual succession; and

is to have a common seal; and

may acquire, hold and dispose of real and personal property; and

may sue and be sued in its corporate name.

The Public Governance, Performance and Accountability Act 2013 applies to an R&D Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

The common seal of an R&D Corporation is to be kept in such custody as the Corporation directs, and is not to be used except as authorised by the Corporation.

All courts, judges and persons acting judicially must:

take judicial notice of the imprint of the common seal of an R&D Corporation appearing on a document; and

presume the imprint was duly affixed.

to investigate and evaluate the requirements for research and development for each designated primary industry sector in relation to the Corporation and, on the basis of such investigation and evaluation:

to prepare an R&D plan under section 19; and

to review and revise the plan; and

to prepare an annual operational plan under section 25 for each financial year; and

to co‑ordinate or fund the carrying out of research and development activities that are consistent with the annual operational plan prepared by the Corporation and in force at the time; and

to:

monitor; and

evaluate; and

report to the Parliament, the Minister and its representative organisations on;

to:

assess; and

report to the Parliament, the Minister and its representative organisations on;

to disseminate and commercialise, and facilitate the dissemination, adoption and commercialisation of, the results of research and development in relation to each designated primary industry sector in relation to the Corporation; and

to carry out marketing activities under the Primary Industries Levies and Charges Disbursement Act 2024 for the benefit of designated primary industry sectors in relation to the Corporation; and

if a person makes a gift, grant, bequest or devise to the Corporation for the purpose of the Corporation carrying out marketing activities for the benefit of a designated primary industry sector in relation to the Corporation—to use the gift, grant, bequest or devise to carry out those marketing activities; and

such other functions as are conferred on the Corporation by this Act or any other Act.

An R&D Corporation has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:

enter into agreements under section 13 for the carrying out of research and development activities or marketing activities by other persons; and

enter into agreements under section 14 for the carrying out of research and development activities or marketing activities by the Corporation and other persons; and

make intellectual property and other applications, including joint applications, in relation to the results of research and development; and

deal with the results of research and development vested in, or made available to, the Corporation or the Corporation and other persons; and

make charges for work done, services rendered, and goods and information supplied, by it; and

accept gifts, grants, bequests and devises made to it, and act as trustee of money and other property vested in it on trust; and

acquire, hold and dispose of real and personal property for the purposes of this Act; and

join in the formation of a company; and

do anything incidental to any of its powers.