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Appendix 6: Annual Reporting Requirements (Legislative requirements)

Annual reporting requirements

AgriFutures Australia’s Annual Report complies with the requirements of the Australian Government’s legislation, which are set out below. The Acts are the:

  Primary Industries Research and Development Act 1989
  Public Governance, Performance and Accountability Act 2013
  Environment Protection and Biodiversity Conservation Act 1999.

The Primary Industries Research and Development (PIRD) Act 1989

Section 3: Objects

The objects of this Act are to:

a) Make provision for the funding and administration of research and development relating to primary industries with a view to:

i. 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

ii. Achieving the sustainable use and sustainable management of natural resources

iii. Making more effective use of the resources and skills of the community in general and the scientific community in particular

iv. Supporting the development of scientific and technical capacity

v. Developing the adoptive capacity of primary producers

vi. Improving accountability for expenditure on research and development activities in relation to primary industries.

b) Make provision for the funding and administration of marketing relating to products of primary industries.

Section 7: Representative organisations

1. 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 or an R&D Council.

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

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

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

Section 9: Establishment of AgriFutures Australia

1. AgriFutures Australia is established.

2. The regulations may specify the primary industries or class of primary industries in respect of which AgriFutures Australia is established.

Section 11: Functions

The functions of a R&D Corporation are:

a) To investigate and evaluate the requirements for research and development in relation to the primary industry or class of primary industries in respect of which it was established and, on the basis of such investigation and evaluation:

i. to prepare an R&D plan under Section 19

ii. to review and revise the plan

b) To prepare an Annual Operation Plan under Section 25 for each financial year.

c) To coordinate or fund the carrying out of R&D activities that are consistent with the Annual Operational Plan prepared by AgriFutures Australia and in force at the time.

ia. has, during the period, contributed to the attainment of the objects of this Act as set out in Section 3.

d) In respect of the grain industry or such other primary industry or class of primary industries as is prescribed in the regulations, particulars of sources and expenditure of funds, including:

i. Commodity, cross commodity and regional classifications

ii. Funds derived from transfer of assets, debts, liabilities and obligations under Section 144.

The Public Governance, Performance and Accountability Act 2013

The PGPA Act is the main legislation that specifies content and standards for presentation of statutory authorities’ Annual Reports for parliamentary scrutiny.

Section 46 of the PGPA Act requires AgriFutures Australia Directors to prepare an Annual Report each financial year and to give it to the responsible Minister by 15 October.

d) To:

i. Monitor

ii. Evaluate

iii. Report to the Parliament, the Minister and its representative organisations on: R&D activities
that are coordinated or funded, wholly or partly, by AgriFutures Australia.

e) To disseminate and commercialise, and facilitate the dissemination, adoption and commercialisation of the results of research and development in relation to the primary industry or class of primary industries in respect of which AgriFutures Australia was established; and if a levy attached to AgriFutures Australia has a marketing component – to carry out marketing activities for the benefit of the primary industry or class of primary industries in respect of which the AgriFutures Australia was established.

f) Such other functions as are conferred on AgriFutures Australia by this Act or any other Act.

Section 28: Annual Report

1. The Directors must include in each report on an R&D Corporation prepared under Section 46 of the PGPA Act:

a) Particulars of:

i. The R&D activities that it coordinated or funded, wholly or partly, during the period

ia. If a levy attached to AgriFutures Australia has a marketing component during the period – the
marketing activities that it coordinated or funded, wholly or partly, during the period

ii. The amount that it spent during the period in relation to each of those activities

iib. The impact of those activities on the primary industry or class of primary industries in respect
of which AgriFutures Australia was established

iii. Revisions of its R&D plan or Annual Operation Plan approved by the Minister during the period

iv. The entering into of agreements under Sections 13 and 14 during the period and its activities
during the period in relation to agreements entered into under that section during or prior
to the period

v. Its activities during the period in relation to applying for patents for inventions,
commercially exploiting patented inventions and granting licences under patented
inventions

vi. The activities of any companies in which AgriFutures Australia has an interest

vii. Any activities relating to the formation of a company

viii. Significant acquisitions and dispositions of real property by it during the period.

b) An assessment of the extent to which its operations during the period have:

i. Achieved its objectives as stated in its R&D plan

ii. Implemented the Annual Operation Plan applicable to the period.

c) An assessment of the extent to which AgriFutures Australia has, during the period, contributed to the attainment of the objects of this Act as set out in
Section 3.

d) In respect of the grain industry or such other primary industry or class of primary industries as is
prescribed in the regulations, particulars of sources and expenditure of funds, including:

i. Commodity, cross commodity and regional classifications

ii. Funds derived from transfer of assets, debts, liabilities and obligations under Section 144.

The Public Governance, Performance and Accountability Act 2013

The PGPA Act is the main legislation that specifies content and standards for presentation of statutory authorities’ Annual Reports for parliamentary scrutiny.

Section 46 of the PGPA Act requires AgriFutures Australia Directors to prepare an Annual Report each financial year and to give it to the responsible Minister by 15 October.