Common use of ACTIVITIES AND FUNDING Clause in Contracts

ACTIVITIES AND FUNDING. PAYMENT OF FUNDS The Commonwealth must pay to DA Dairy Service Payments and Commonwealth Matching Payments by a method agreed by both parties. The Commonwealth must pay the Dairy Service Payments amounts to DA as soon as reasonably practicable after the Commonwealth receives the Dairy Service Payments in cleared funds. Payments to DA must be made as soon as reasonably practicable after the 15th day and the final Business Day of each month. Any Unmatched Research & Development Excess will be rolled over into the following financial years in accordance with section 6 of the Act. The Commonwealth must give DA, a non-binding estimate of the amount of costs incurred by the Commonwealth in relation to the collection, recovery and administration of the Levy. DA must provide a non-binding estimate of the amount of the dairy service levy and matching payment payable to DA for the current and forward financial years upon request by the Commonwealth. Subject to applicable limits under the Act, the Commonwealth must use its reasonable endeavours to pay the Commonwealth Matching Funds to DA as soon as practicable after receiving from DA: a valid claim for payment; and evidence satisfactory to the Commonwealth that DA has spent the amount that forms the basis of the claim on Research and Development Activities. For the purposes of clause 24.6 (b) certificate signed by the Chief Executive Officer (or equivalent), the Chief Financial Officer or the Secretary of DA, certifying that DA has spent a particular amount on Research and Development, is satisfactory evidence in the absence of any evidence to the contrary. The final claim for a Financial Year must be supported by an independent audit report which confirms: the total amount of R&D Expenditure for the relevant Financial Year; and that claims for Commonwealth Matching Payments under clause 24.6 and the declared R&D Expenditure for that Financial Year are accurate and in accordance with the Act and this Agreement. MANAGEMENT OF THE FUNDS DA must establish and maintain accounting systems, processes and controls to ensure: Funds are spent only in accordance with this Agreement and the Act; all dealings with the Funds are properly authorised, conducted and accounted for; and an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act. DA must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request. DA must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies. Note: For the avoidance of doubt, while DA must not delegate or outsource responsibility for the provision of Industry Services and Research and Development Activities, this clause does not prevent DA from making arrangements to invest its reserves prior to investment in Industry Services and Research and Development Activities. Nor does it prevent DA from investing Funds in conjunction with third parties to undertake Industry Services and Research and Development Activities (for example, co-investment in a CRC). DA must maintain, implement and regularly review a Risk Management Plan, a Fraud Control Plan and an Intellectual Property Management Plan. DA must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by DA. The accounting systems, processes and controls to manage the Funds with clause 25.1 must take into account the Risk Management Plan, Fraud Control Plan and Cost Allocation Policy. DA must: keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards; and keep the accounts and records referred to in clause 25.7(a) separately in relation to the Dairy Service Payments and Commonwealth Matching Payments; and keep accounts and records referred to in clause 25.7(a) to enable disclosure of the full costs of the Research and Development and Industry Services programs. APPLICATION OF THE FUNDS DA must only spend the Funds: in accordance with the Act and this Agreement; and in a manner that is consistent with: its current Strategic Plan and AOP; and the Guidelines Dairy Service Payments may only be applied by DA to Research and Development Activities and Industry Services Activities related to the industry and for the benefit of members and levy payers. Commonwealth Matching Payments may only be claimed or applied by DA for, or in relation to, Research and Development Activities related to the industry, for the benefit of members and levy payers, and the Australian community generally and/or to make payments to the Commonwealth under section 6(4) of the Act. DA must not spend the Funds on making payments to Industry Representative Bodies. This does not preclude: payments by way of membership fees where that membership contributes to DA pursuing the objects of the Act. payments to procure goods or services in accordance with DA’s procurement policy, and when all of the following conditions are met: the procurement process is open, transparent and, competitive; the conditions of the transaction between DA and the relevant body are the same as they would be for an arm’s length transaction with any third party providing those goods or services; and the arrangement for goods and services incorporates appropriate measures to demonstrate the performance of the relevant body undertaking the task. This assessment must be provided to the Commonwealth on request. Note: for the avoidance of doubt, this does not preclude DA paying travel or other incidental costs for or to Industry Representative Bodies, provided the payment is in accordance with Clause 26.4 (b) (i) and is consistent with DA’s procurement and related policies. If DA spends the Funds other than in accordance with this Agreement or the Act, the Commonwealth may, by written notice to DA, require DA to repay all or a part of those Funds to the Commonwealth within the timeframe specified in the notice. DA must publish a copy of any written notice under clause 26.5 in its next annual report.

ACTIVITIES AND FUNDING. PAYMENT OF FUNDS The Commonwealth must pay to DA Dairy FWPA Forestry Service Payments and Commonwealth Matching Payments by a method agreed by both parties. The Commonwealth must pay the Dairy Forestry Service Payments amounts to DA FWPA as soon as reasonably practicable after the Commonwealth receives the Dairy Forestry Service Payments in cleared funds. Payments to DA must be made as soon as reasonably practicable after the 15th day and the final Business Day of each month. Any Unmatched Research & Development Excess will be rolled over into the following financial years in accordance with section 6 9 of the Act. The Commonwealth must give DAFWPA, a non-binding estimate of the amount of costs incurred by the Commonwealth in relation to the collection, recovery and administration of the Levy. DA FWPA must provide a non-binding estimate of the amount of the dairy service levy Levy and matching payment Commonwealth Matching Payments payable to DA FWPA for the current and forward financial years upon request by the Commonwealth. Subject to applicable limits under the Act, the Commonwealth must use its reasonable endeavours to pay the Commonwealth Matching Funds Payments to DA FWPA as soon as practicable after receiving from DAFWPA: a valid claim for payment; and evidence satisfactory to the Commonwealth that DA FWPA has spent the amount that forms the basis of the claim on Research and Development Activities. For the purposes of clause 24.6 (b) certificate signed by the Chief Executive Officer (or equivalent), the Chief Financial Officer or the Secretary of DAFWPA, certifying that DA FWPA has spent a particular amount on Research and Development, is satisfactory evidence in the absence of any evidence to the contrary. The final claim for a Financial Year must be supported by an independent audit report which confirms: the total amount of R&D Expenditure expended for the relevant Financial Year; and that claims for Commonwealth Matching Payments under clause 24.6 24.5 and the declared R&D Expenditure for that Financial Year are accurate and in accordance with the Act and this Agreement. MANAGEMENT OF THE FUNDS DA FWPA must establish and maintain accounting systems, processes and controls to ensure: Funds are spent only in accordance with this Agreement and the Act; all dealings with the Funds are properly authorised, conducted and accounted for; and an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act. DA FWPA must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request. DA FWPA must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies. Note: For the avoidance of doubt, while DA must not delegate or outsource responsibility for the provision of Industry Services and Research and Development Activities, this clause does not prevent DA from making arrangements to invest its reserves prior to investment in Industry Services and Research and Development Activities. Nor does it prevent DA from investing Funds in conjunction with third parties to undertake Industry Services and Research and Development Activities (for example, co-investment in a CRC). DA FWPA must maintain, implement and regularly review a Risk Management Plan, a Fraud Control Plan and an Intellectual Property Management Plan. DA FWPA must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by DAFWPA. The accounting systems, processes and controls to manage the Funds with clause 25.1 must take into account the Risk Management Plan, Fraud Control Plan and Cost Allocation Policy. DA FWPA must: keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards; and keep the accounts and records referred to in clause 25.7(a25.7 (a) separately in relation to the Dairy Forestry Service Payments, Commonwealth Matching Payments and Commonwealth Matching PaymentsVoluntary Contributions; and keep accounts and records referred to in clause 25.7(a25.7 (a) to enable disclosure of the full costs of the Research and Development and Industry Services Development, Marketing programs. APPLICATION OF THE FUNDS DA FWPA must only spend the Funds: in accordance with the Act and this Agreement; and in a manner that is consistent with: its current Strategic Plan and AOP; and the Guidelines Dairy Service Payments Guidelines. The Funds may only be applied by DA FWPA as follows: in the case of Forestry Service Payments, to Research and Development Activities and Industry Services Marketing Activities related to the industry and industry, for the benefit of members and levy payers. , and in the case of Commonwealth Matching Payments may only be claimed or applied by DA for, or in relation to, Payments: to Research and Development Activities related to the industry, for the benefit of members and levy payers, payers and the Australian community generally generally; and/or to make payments to the Commonwealth under section 6(4) 9 of the Act. DA For Voluntary Contributions, Commonwealth Matching Payments will only be made subject to, and in accordance with, the requirements of any applicable government policy relating to matching of Voluntary Contributions. FWPA must not spend the Funds on making payments to Industry Representative Bodies. This does not preclude: payments by way of membership fees where that membership contributes to DA FWPA pursuing the objects of the Act. payments to procure goods or services in accordance with DAFWPA’s procurement policy, and when all of the following conditions are met: the procurement process is open, transparent and, competitive; the conditions of the transaction between DA FWPA and the relevant body are the same as they would be for an arm’s length transaction with any third party providing those goods or services; and the arrangement for goods and services incorporates appropriate measures to demonstrate the performance of the relevant body undertaking the task. This assessment must be provided to the Commonwealth on request. Note: for the avoidance of doubt, this does not preclude DA FWPA paying travel or some costs for seminars and other incidental costs industry functions for or to Industry Representative Bodies, provided the payment is in accordance with Clause 26.4 (b) (i) and is consistent with DAFWPA’s procurement and related policies. If DA FWPA spends the Funds other than in accordance with this Agreement or the Act, the Commonwealth may, by written notice to DAFWPA, require DA FWPA to repay all or a part of those Funds to the Commonwealth within the timeframe specified in the notice. DA FWPA must publish a copy of any written notice under clause 26.5 26.4 in its next annual report.

ACTIVITIES AND FUNDING. PAYMENT OF FUNDS The Commonwealth must pay to DA Dairy Service SRA Research and Development Payments and Commonwealth Matching Payments by a method agreed by both parties. The Commonwealth must pay the Dairy Service Payments Levy Funds amounts to DA SRA as soon as reasonably practicable after the Commonwealth receives the Dairy Service Payments Levy Funds in cleared funds. Payments to DA must be made as soon as reasonably practicable after the 15th day Any unmatched Research and the final Business Day of each month. Any Unmatched Research & Development Excess excess will be rolled over into the following financial years in accordance with section 6 7(9) of the Act. The Commonwealth must give DA, SRA a non-binding estimate of the amount of costs incurred by the Commonwealth in relation to the collection, recovery and administration of the Levy. DA SRA must provide a non-binding estimate of the amount of the dairy service levy Levy Funds and matching payment payable Commonwealth Matching Payments to DA be paid to SRA for the current and forward financial years Financial Years upon request by the Commonwealth. Subject to applicable limits under the Act, the Commonwealth must use its reasonable endeavours to pay the Commonwealth Matching Funds Payments to DA SRA as soon as practicable after receiving from DASRA: a valid claim for payment; and evidence satisfactory to the Commonwealth that DA SRA has spent the amount that forms the basis of the claim on Research and Development Activities. For the purposes of clause 24.6 (b) 24.6(b certificate signed by the Chief Executive Officer (or equivalent), the Chief Financial Officer or the Secretary of DASRA, certifying that DA SRA has spent a particular amount on Research and Development, is satisfactory evidence in the absence of any evidence to the contrary. The final Commonwealth Matching Payment claim for a Financial Year must be supported by an independent audit report which confirmswhich: confirms the total amount of total eligible R&D Expenditure claimed for the relevant Financial Year, and it reconciles to the amount of total expenditure shown in the audited financial statements; and provides reasonable assurance that claims for Commonwealth Matching Payments under clause 24.6 and the declared R&D Expenditure for that Financial Year are accurate and in accordance with the Act and this Agreement. Note: The assurance under clause 24.8(b) can be provided as part of the Compliance Audit Report at clause 34. MANAGEMENT OF THE FUNDS DA SRA must establish and maintain accounting systems, processes procedures and controls to ensure: Funds are spent only in accordance with this Agreement and the Act; all dealings with the Funds are properly authorised, conducted and accounted for; and an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act. DA SRA must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request. DA SRA must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies. Note: For the avoidance of doubt, while DA SRA must not delegate or outsource responsibility for the provision of Industry Services and Research and Development Activities, this clause does not prevent DA SRA from using the services of an external program manager where SRA retains decision making arrangements to invest its reserves prior to investment in Industry Services and Research and Development Activitiesresponsibilities. Nor does it prevent DA from investing Funds in conjunction with third parties to undertake Industry Services and Research and Development Activities (for example, co-investment in a CRC). DA SRA must maintain, implement and regularly review a Risk Management Plan, a Fraud Control Plan, an Asset Management Plan and an Intellectual Property Management Plan. DA SRA must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan, Asset Management Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by DASRA. The accounting systems, processes and controls to manage the Funds with clause 25.1 must take into account the Risk Management Plan, Fraud Control Plan, Asset Management Plan, Intellectual Property Management Plan and the Cost Allocation Policy. DA SRA must: keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards; and keep the accounts and records referred to in clause 25.7(a25.6(a) separately in relation to the Dairy Service Research and Development Payments and Commonwealth Matching Payments; and keep accounts and records referred to in clause 25.7(a25.6(a) to enable disclosure of the full costs of the Research and Development and Industry Services programs. APPLICATION OF THE FUNDS DA must only spend the Funds: in accordance with the Act and this Agreement; and in a manner that is consistent with: its current Strategic Plan and AOP; and the Guidelines Dairy Service Payments may only be applied by DA to Research and Development Activities and Industry Services Activities related to the industry and for the benefit of members and levy payers. Commonwealth Matching Payments may only be claimed or applied by DA for, or in relation to, Research and Development Activities related to the industry, for the benefit of members and levy payers, and the Australian community generally and/or to make payments to the Commonwealth under section 6(4) of the Act. DA must not spend the Funds on making payments to Industry Representative Bodies. This does not preclude: payments by way of membership fees where that membership contributes to DA pursuing the objects of the Act. payments to procure goods or services in accordance with DA’s procurement policy, and when all of the following conditions are met: the procurement process is open, transparent and, competitive; the conditions of the transaction between DA and the relevant body are the same as they would be for an arm’s length transaction with any third party providing those goods or services; and the arrangement for goods and services incorporates appropriate measures to demonstrate the performance of the relevant body undertaking the task. This assessment must be provided to the Commonwealth on request. Note: for the avoidance of doubt, this does not preclude DA paying travel or other incidental costs for or to Industry Representative Bodies, provided the payment is in accordance with Clause 26.4 (b) (i) and is consistent with DA’s procurement and related policies. If DA spends the Funds other than in accordance with this Agreement or the Act, the Commonwealth may, by written notice to DA, require DA to repay all or a part of those Funds to the Commonwealth within the timeframe specified in the notice. DA must publish a copy of any written notice under clause 26.5 in its next annual reportActivities.

ACTIVITIES AND FUNDING. PAYMENT OF FUNDS The Commonwealth must pay to DA Dairy FWPA Forestry Service Payments and Commonwealth Matching Payments by a method agreed by both parties. The Commonwealth must pay the Dairy Forestry Service Payments amounts to DA FWPA as soon as reasonably practicable after the Commonwealth receives the Dairy Forestry Service Payments in cleared funds. Payments to DA must be made as soon as reasonably practicable after the 15th day and the final Business Day of each month. Any Unmatched Research & Development Excess will be rolled over into the following financial years in accordance with section 6 9 of the Act. The Commonwealth must give DAFWPA, a non-binding estimate of the amount of costs incurred by the Commonwealth in relation to the collection, recovery and administration of the Levy. DA FWPA must provide a non-binding estimate of the amount of the dairy service levy Levy and matching payment Commonwealth Matching Payments payable to DA FWPA for the current and forward financial years upon request by the Commonwealth. Subject to applicable limits under the Act, the Commonwealth must use its reasonable endeavours to pay the Commonwealth Matching Funds Payments to DA FWPA as soon as practicable after receiving from DAFWPA: a valid claim for payment; and evidence satisfactory to the Commonwealth that DA FWPA has spent the amount that forms the basis of the claim on Research and Development Activities. For the purposes of clause 24.6 (b) b certificate signed by the Chief Executive Officer (or equivalent), the Chief Financial Officer or the Secretary of DAFWPA, certifying that DA FWPA has spent a particular amount on Research and Development, is satisfactory evidence in the absence of any evidence to the contrary. The final claim for a Financial Year must be supported by an independent audit report which confirms: the total amount of R&D Expenditure expended for the relevant Financial Year; and that claims for Commonwealth Matching Payments under clause 24.6 24.5 and the declared R&D Expenditure for that Financial Year are accurate and in accordance with the Act and this Agreement. MANAGEMENT OF THE FUNDS DA FWPA must establish and maintain accounting systems, processes and controls to ensure: Funds are spent only in accordance with this Agreement and the Act; all dealings with the Funds are properly authorised, conducted and accounted for; and an auditor is able to readily verify that the Funds have been used only in accordance with this Agreement and the Act. DA FWPA must notify the Commonwealth of the details of the systems, procedures and controls established in accordance with clause 25.1 on request. DA FWPA must not delegate or outsource the responsibility for the management, allocation, or investment of Funds to third parties, including to Industry Representative Bodies. Note: For the avoidance of doubt, while DA must not delegate or outsource responsibility for the provision of Industry Services and Research and Development Activities, this clause does not prevent DA from making arrangements to invest its reserves prior to investment in Industry Services and Research and Development Activities. Nor does it prevent DA from investing Funds in conjunction with third parties to undertake Industry Services and Research and Development Activities (for example, co-investment in a CRC). DA FWPA must maintain, implement and regularly review a Risk Management Plan, a Fraud Control Plan and an Intellectual Property Management Plan. DA FWPA must provide any material variations or updates to the Risk Management Plan, Fraud Control Plan and Intellectual Property Management Plan, to the Commonwealth within 30 days of the variations or updates being adopted by DAFWPA. The accounting systems, processes and controls to manage the Funds with clause 25.1 must take into account the Risk Management Plan, Fraud Control Plan and Cost Allocation Policy. DA FWPA must: keep complete and detailed accounts and records of receipt, use and expenditure of the Funds in accordance with good accounting practice including all applicable Australian accounting standards; and keep the accounts and records referred to in clause 25.7(a25.7 (a) separately in relation to the Dairy Forestry Service Payments, Commonwealth Matching Payments and Commonwealth Matching PaymentsVoluntary Contributions; and keep accounts and records referred to in clause 25.7(a25.7 (a) to enable disclosure of the full costs of the Research and Development and Industry Services Development, Marketing programs. APPLICATION OF THE FUNDS DA FWPA must only spend the Funds: in accordance with the Act and this Agreement; and in a manner that is consistent with: its current Strategic Plan and AOP; and the Guidelines Dairy Service Payments Guidelines. The Funds may only be applied by DA FWPA as follows: in the case of Forestry Service Payments, to Research and Development Activities and Industry Services Marketing Activities related to the industry and industry, for the benefit of members and levy payers. , and in the case of Commonwealth Matching Payments may only be claimed or applied by DA for, or in relation to, Payments: to Research and Development Activities related to the industry, for the benefit of members and levy payers, payers and the Australian community generally generally; and/or to make payments to the Commonwealth under section 6(4) 9 of the Act. DA For Voluntary Contributions, Commonwealth Matching Payments will only be made subject to, and in accordance with, the requirements of any applicable government policy relating to matching of Voluntary Contributions. FWPA must not spend the Funds on making payments to Industry Representative Bodies. This does not preclude: payments by way of membership fees where that membership contributes to DA FWPA pursuing the objects of the Act. payments to procure goods or services in accordance with DAFWPA’s procurement policy, and when all of the following conditions are met: the procurement process is open, transparent and, competitive; the conditions of the transaction between DA FWPA and the relevant body are the same as they would be for an arm’s length transaction with any third party providing those goods or services; and the arrangement for goods and services incorporates appropriate measures to demonstrate the performance of the relevant body undertaking the task. This assessment must be provided to the Commonwealth on request. Note: for the avoidance of doubt, this does not preclude DA FWPA paying travel or some costs for seminars and other incidental costs industry functions for or to Industry Representative Bodies, provided the payment is in accordance with Clause 26.4 (b) (i) and is consistent with DAFWPA’s procurement and related policies. If DA FWPA spends the Funds other than in accordance with this Agreement or the Act, the Commonwealth may, by written notice to DAFWPA, require DA FWPA to repay all or a part of those Funds to the Commonwealth within the timeframe specified in the notice. DA FWPA must publish a copy of any written notice under clause 26.5 26.4 in its next annual report.