|Part 9—Funding for animal research etc.
Clause 115: Prohibition on research funding
This clause allows the Commonwealth to refuse funding to any organisation that uses animals for:
research and development; or
unless the Minister is satisfied that the organisation’s use of animals is consistent with the objects of this Act and does not contravene any code of practice established under the Regulations.
Under this clause all organisations that receive commercial funding must publish all other funding sources. If an organisation is in receipt of Commonwealth funding and/or funding from Commonwealth sources, those sources of funding must be reported with any application for Commonwealth funds and published in annual reports.
Part 10 – Administrative Provisions
Clause 116: Staff
This clause identifies that staff of the Authority are to be engaged under the Public Service Act 1998.
The Authority’s Chairperson has all the powers of a Secretary under the Public Service Act 1998 as they relate to the branch of the Australian Public Service comprising the Authority.
The Authority may make arrangements with an authority of the Commonwealth or of a State or Territory for the services of officers of that authority to be made available for the purposes of the Authority.
Clause 117: Consultants
This clause empowers the Authority to engage consultants to assist it in the performance of its functions and the exercise of its powers.
Division 2—Payments and application of money
Clause 118: Payments to the Authority
Under clause 118 there is payable to the Authority such money as is appropriated by the Parliament for the purposes of the Authority. The Authority may also be in receipt of money from a State or Territory jurisdiction.
Clause 119: Application of money of the Authority
This clause identifies the purposes for which monies received by the Authority can be expended, they include:
in paying or discharging costs, expenses and other obligations incurred in the performance of its functions; and
in paying remuneration and allowances payable under this Act.
Clause 120: Estimates
Under this clause the Authority must prepare estimates, in a form directed by the Minister, of its receipts and expenditure for:
each financial year; and
any other period specified by the Minister
The Authority must give the estimates to the Minister not later than a day directed by the Minister, and monies spent must be done in accordance with the estimates approved by the Minister.
Division 3—Procedure of the Authority
Clause 121: Authority to regulate its procedure
This clause empowers the Chairperson of the Authority to determine the procedure to be followed by the Authority.
Clause 122: Convening meetings
Under this clause the Authority Chairperson is required to convene such meetings of the Authority as he or she thinks necessary for the efficient performance of its functions.
A written request sent to the Authority Chairperson and signed by at least 3 Authority members will facilitate the convening of an Authority meeting.
Clause 123: Presiding at meetings
This clause details that the Chairperson is to preside at all meetings at which he or she is present. Members present, in the absence of the Chairperson, are to appoint a member to preside.
Clause 124: Quorum
Under this clause 5 members constitute a quorum when the Authority meets.
Clause 125: Voting at meetings
Clause 125 details that a question arising at a meeting is to be decided by a majority of the votes of the members present and voting. The person presiding at a meeting has a deliberative vote but does not have a casting vote.
Clause 126: Conduct and records of meetings
This clause empowers the Authority, subject to this Division, to decide on the procedure at meetings. Minutes are to be kept of all Authority meetings.
Division 4—Administrative Provisions
Clause 127: Delegation
Under this clause the Authority may by instrument in writing delegate all or any of its powers to a member or a member of the staff of the Authority.
Clause 128: Remuneration and allowances
This clause details that members are to be paid the remuneration and allowances determined by the Remuneration Tribunal. If there is no determination in force, the member is to be paid such remuneration as is prescribed.
A member is to be paid such other allowances as are prescribed.
Remuneration and allowances payable to the members are to be paid out of money appropriated by the Parliament for the purposes of the Authority.
Clause 129: Leave of absence
This clause details that member’s recreation leave entitlements will be determined by the Remuneration Tribunal. The Minister may grant a member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
Clause 130: Resignation
Under this clause a member may resign by sending a signed notice of resignation to the Minister.
Clause 131: Disclosure of interests
Clause 131 identifies that a member who has a conflict of interest in relation to a matter being considered or about to be considered by the Authority must disclose the matters giving rise to that conflict to the Authority as soon as possible after becoming aware of the conflict.
The member must not take part in the making of a decision by the Authority in relation to the matter unless the Authority, in the absence of the member, decides that there is no conflict of interest.
For the purposes of this section, a member has a conflict of interest in relation to a matter being considered or about to be considered if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to the matter.
Clause 132: Ceasing to be Chairperson
This clause details that should the Authority Chairperson cease to be a member of the Authority, he or she then ceases to be the Chairperson.
Clause 133: Termination of appointment
Under this clause the Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
The Minister must terminate the appointment of a member if:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
the member is absent, without reasonable excuse, from 3 consecutive meetings of the Authority;
If a member is:
an eligible employee for the purposes of the Superannuation Act 1976; or
a member of the superannuation scheme established by deed under the Superannuation Act 1990;
the Minister may, with the member’s consent, retire the member from office on the ground of incapacity.
In spite of anything in this Act, a member who:
(a) is an eligible employee for the purposes of the Superannuation Act 1976; and
(b) has not reached his or her retiring age within the meaning of that Act;
cannot be retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.
In spite of anything in this Act, a member who:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b) is under 60;
cannot be retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.
Clause 134: Acting appointments
This clause permits the Minister to appoint a member:
during a vacancy in that office, whether or not an appointment has previously been made to the office; or
during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
Anything done by or in relation to a person claiming to act under this section is not invalid merely because:
the occasion for the appointment had not arisen; or
there was a defect or irregularity in connection with the appointment; or
the appointment had ceased to have effect; or
the occasion to act had not arisen or had ended.
Clause 135: Regulations
Under this clause the Governor-General may make regulations prescribing all matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Regulations may prescribe civil or criminal penalties for the breach of a regulation.
This schedule establishes a National Animal Welfare System and sets out the roles and responsibilities of key parties.
This schedule defines key terms used in the Act.