Rural Assistance Schemes Act 2016

establishing the Rural Assistance Commissioner; and

transferring the remaining assets, liabilities and functions of the Rural Finance Corporation of Victoria to the Rural Assistance Commissioner; and

winding up the Rural Finance Corporation of Victoria; and

repealing the Rural Finance Act 1988 and the Young Farmers' Finance Council Act 1979.

The Rural Assistance Commissioner is established.

The Rural Assistance Commissioner consists of the Member.

The Rural Assistance Commissioner—

is a body corporate with perpetual succession; and

has an official seal; and

may sue and be sued; and

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

may do and suffer all things that a body corporate may by law do and suffer.

The official seal of the Rural Assistance Commissioner must—

be kept in such custody as the Rural Assistance Commissioner directs; and

not be used except as authorised by the Rural Assistance Commissioner.

All courts must take judicial notice of the official seal of the Rural Assistance Commissioner affixed to any document.

to administer and facilitate rural assistance schemes;

to bring together and coordinate financial resources for investment in rural and regional industries;

to provide services and advice to government with regard to rural and regional industries and affairs.

In addition to the powers expressly conferred by this Act, the Rural Assistance Commissioner has the power to do all things necessary and convenient for the performance of its functions under this Act.

Without limiting subsection (1), the Rural Assistance Commissioner may—

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

enter into any agreement or contract; and

enter into any lease or licence; and

subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; and

give indemnities, guarantees, releases and charges, and anything else of a similar nature; and

acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); and

assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; and

seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; and

seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; and

engage consultants, contractors or agents; and

act as trustee; and

act as an agent of another person.

In the exercise of its powers and the performance of its functions the Rural Assistance Commissioner is subject to the direction and control of the Minister.

If the Member is not the Secretary, the Rural Assistance Commissioner—

is subject to the specific direction of the Minister; and

must perform its functions and exercise its powers under the general direction and control of the Secretary.

The Rural Assistance Commissioner by instrument may delegate to any person employed in the Department of Energy, Environment and Climate Action any power, duty or function of the Rural Assistance Commissioner under this Act.

The Rural Assistance Commissioner by instrument may delegate to the Department Head of a Department other than the Department of Energy, Environment and Climate Action any power, duty or function of the Rural Assistance Commissioner under this Act if the delegation is first approved by—

the Minister; and

the Minister administering the other Department or, if more than one Minister is responsible for that Department or for different parts of that Department, the Minister responsible for the relevant part of the other Department having regard to the power, duty or function that is proposed to be delegated; and

the Department Head of the other Department; and

if the Member is not the Secretary, the Secretary.

A Department Head to whom a power, duty or function is delegated under subsection (2) may delegate that power, duty or function to any person employed in the Department of that Department Head.

A delegation under this section may be made—

in relation to a person or class of persons specified in the instrument of delegation; or

in relation to the holder, or holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

The Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette appoint a person to be the Member for a period not exceeding 5 years as specified in the Order in Council.

The Member holds office, subject to this Act, on such terms and conditions as are specified by the Order in Council.

If the Member is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the Rural Assistance Commissioner, the Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette appoint a person to act in the place of the Member during the period of the inability.

A person appointed under this section to act in the place of the Member, while so acting—

has all the rights and powers, and must perform all the duties, of the Member; and

is to be paid any remuneration and allowances fixed by the Order in Council, having regard to the rate of remuneration and allowances for the time being payable to the Member in the Member's capacity as Member.