Desert Knowledge Australia Act 2003

This Act may be cited as the Desert Knowledge Australia Act 2003.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

The objects of this Act are:

to encourage and facilitate education and training, research, commerce and technology that is relevant to the health, well-being, sustainable economic and social development and improved livelihoods of all communities in deserts and arid lands;

to develop wealth creation activities in deserts and arid lands in a manner that promotes harmony in and between communities in deserts and arid lands while maintaining the economy and environment of deserts and arid lands in an ecologically sustainable manner and the culture and identity of those communities;

to encourage and facilitate the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purpose of achieving the objects specified in paragraphs (a) and

; and

to establish a statutory corporation to carry out activities for the purpose of achieving the objects specified in paragraphs (a),

and (c).

In this Act, unless the contrary intention appears:

Aboriginal means a person who is a member of the

Aboriginal race of Australia.

associate means a person, organisation or authority (whether incorporated or not) who or which has an interest in the activities of DKA and its participants and who or which is a member of a society of associates of DKA set up under section 38.

Board means the Board established by section 11.

Chairperson means the member who is appointed to be the

Chairperson under section 18.

chief executive means the chief executive appointed under section 30.

committee means a committee of the Board established under section 33.

Deputy Chairperson means the member who is appointed to be the Deputy Chairperson under section 18.

DKA means Desert Knowledge Australia established by section 5.

member means the Chairperson, Deputy Chairperson or other member of the Board appointed under section 13.

participant means a person, organisation or authority (whether incorporated or not) who or which is contributing to building a body of knowledge and expertise about deserts and arid lands by means funded or otherwise facilitated, promoted or supported by DKA and who or which is a member of a society of participants set up under section 38.

precinct means the Desert Knowledge Australia Precinct declared under section 36.

staff means the officers and employees who are appointed, employed or engaged by DKA under Part 3, Division 3.

Part 2 Desert Knowledge

Australia

Desert Knowledge Australia is established.

Desert Knowledge Australia:

is a body corporate;

has a common seal; and

is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

All courts, judges and persons acting judicially must take judicial notice of the common seal of Desert Knowledge Australia affixed to a document and must presume that it was duly affixed.

The functions of DKA are:

to encourage and facilitate the development of a body of knowledge and expertise relevant to deserts and arid lands;

to encourage improvements to the economies and livelihoods of communities in deserts and arid lands and further the economic and social development and ecologically sustainable wealth creation of those communities;

to establish, develop and manage the Desert Knowledge Australia

Precinct as a nationally and internationally renowned centre of knowledge about deserts and arid lands and for its contribution to education and training, research, commerce and technology relevant to the economic and social development of communities in deserts and arid lands;

to encourage the provision of high-quality communication and other services to desert areas and arid lands;

to undertake, fund, facilitate, promote and support research, study and training that:

is relevant to deserts and arid lands;

contributes to the health, well-being, sustainable economic and social development and improved livelihoods of communities in deserts and arid lands; and

encourages practices and programs for use in or relevant to deserts and arid lands that are ecologically and culturally sound and sustainable;

to encourage and facilitate communication and collaboration between persons and communities, and the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purposes of paragraphs (a) to (e) (inclusive);

to attract suitable persons, organisations and authorities (whether incorporated or not) to be participants in DKA;

the prescribed functions, if any; and

any other functions imposed on it by or under another Act.

DKA may perform its functions:

in the Territory; and

in other parts of Australia, and in other countries, through partnerships, joint ventures, alliances, networks and other cooperative arrangements.

Subject to this or any other Act or an instrument of a legislative or administrative character made under this or any other

Act, DKA has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions.

In particular, DKA has power to:

negotiate and enter into contracts, agreements, schemes and arrangements;

purchase, lease or otherwise acquire and hold real or personal property and, with the approval of the Treasurer, sell, grant leases of or otherwise dispose of real or personal property;

erect buildings;

occupy, use, control and manage land or a building owned or leased by DKA;

seek, apply for and accept gifts, grants, bequests, devises and assignments made to DKA, whether on trust or otherwise, and act as trustee of money and other property vested in it on trust;

enter into arrangements with other persons or organisations, whether from Australia or another country, or with the Commonwealth or a State or Territory of the Commonwealth, for the development of

DKA;

create, develop, apply for, obtain and hold intellectual property and enter into agreements or arrangements of a commercial nature in respect of intellectual property on the terms, including terms as to royalties and lump sum payments, that the Board considers appropriate;

with the approval of the Treasurer, borrow and invest money;

with the approval of the Treasurer, grant loans to persons carrying on activities related to the operations of DKA on the terms the Board considers appropriate;

with the approval of the Treasurer, form or establish or participate in the formation or establishment of bodies corporate;

with the approval of the Treasurer, form partnerships and enter into joint ventures or other arrangements, or create trusts, for sharing profits;

with the approval of the Treasurer, enter into franchise agreements;

confer awards and scholarships;

administer schemes of financial and other assistance;

establish, manage and control halls of residence and other forms of student and other accommodation;

employ or engage staff, engage consultants and appoint agents and attorneys;

charge for work, services, goods and information done, supplied or published by DKA and for admission into the precinct or any part of the precinct;

call for and evaluate submissions for persons, organisations or authorities to be participants in DKA;

set up a society or societies of participants in DKA and a society or societies of associates of DKA, provide for their promotion and development and charge and collect a fee for belonging to the societies; and

grant rights to produce and publish documents containing material relating to the functions of DKA.

Subject to this Act, the affairs of DKA are to be conducted by the Board.

The Board must conduct the affairs of DKA:

in a manner that is reasonable and accords with and furthers the objects of this Act;

in a manner that directs benefits to the Territory;

within a budget approved by the Minister; and

to the extent the affairs involve commercial activities, in a commercial manner consistent with the principle of competitive neutrality.

All acts, matters and things done by the Board, or by the

Chairperson, a member, a member of a committee, a member of the staff or any other person in the name of or on behalf of DKA with the express or implied authority of the Board, are taken to have been done by DKA.

In conducting the affairs of DKA, the Board is subject to the written directions of the Minister.

The Minister must lay before the Legislative Assembly a copy of a direction given under subsection (1) within 6 sitting days of the Assembly after giving the direction.

A copy of a direction given under subsection (1) in a financial year is to be included in the Board's report for the year prepared under section 47.

DKA is declared to be an excluded matter for the purposes of section

5F of the Corporations Act 2001 in relation to the whole of the

Corporations legislation.

Part 3 Administration

Division 1 The Board

There is a Board of DKA.

The Board consists of at least 5 and not more than 11 members.