Commonwealth Numbered Acts

COMMONWEALTH SERUM LABORATORIES AMENDMENT ACT 1980 No. 7 of 1980 - SECT 24

24. Sections 37 and 38 of the Principal Act are repealed and the following
sections are substituted:



"37. The Commission shall prepare estimates, in such form as the Minister
directs, of its receipts and expenditure for each financial year and, if the
Minister so directs, for any other specified period, and shall submit those
estimates to the Minister not later than such date as the Minister directs.
Reimbursement of certain expenditure

"38. (1) Where, during a financial year, the Commission-

   (a)  carries on operations in accordance with paragraph 19 (1) (b); or

   (b)  carries on operations in accordance with paragraph 19 (1) (c) in
        pursuance of a request made to it in writing by the Minister for
        Foreign Affairs, the Commission is entitled to be reimbursed by the
        Commonwealth for the cost of those operations incurred during that
        year less any revenue received or receivable in respect of that year
        by the Commission from those operations.



"(2) Where-

   (a)  the Commission conducts research in accordance with sub- paragraph 19
        (1) (b) (i) in realtion to a pharamaceutical product other than a
        product to which paragraph 19 (1) (a) applies;

   (b)  as a result of the research, the product becomes a product to which
        paragraph 19 (1) (a) applies and the Commission produces and sells the
        product; and

   (c)  the revenue received by the Commission in respect of sales of the
        product exceeds at any time the expenditure (whenever incurred) and
        provision for expenditure properly chargeable against that revenue,
        the amount of the excess is payable to the Commonwealth on or after a
        date determined by the Minister after consultation with the
        Commission, but the total amount of payments made under this
        sub-section in relation to the product shall not exceed the amount of
        the reimbursement received by the Commission under sub-section (1) in
        respect of the conduct of so much of the research as related to the
        product.



"(3) Interest, at a rate determined by the Minister, is payable by the
Commission to the Commonwealth on an amount payable under sub- section (2),
calculated from the date on which that amount became payable or, if the
Minister determines another date (which may be a date before the
first-mentioned date), from the date so determined.



"(4) The Minister may direct that an amount payable under sub- section (2) or
(3) shall be paid by instalments in specified amounts and at specified times,
and may vary such a direction from time to time.



"(5) For the purposes of sub-section (1), the cost of operations referred to
in that sub-section shall be calculated in accordance with the accounting
principles generally applied in commercial practice, but any amount paid or
payable under a law relating to income tax shall be disregarded.".