AUSTRALIAN ASTRONOMICAL OBSERVATORY BILL 2009

i Australian Astronomical Observatory Bill 2009 No. , 2009

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Simplified

outline

..............................................................................

4 Definitions

.........................................................................................

Crown to be bound ............................................................................. 3

Extension to external Territories ........................................................ 3

7 Extra-territorial

application ................................................................ 3

Part 2--Australian Astronomical Observatory

8 Australian

Astronomical Observatory ............................................... 4

Director .............................................................................................. 4

10 Acting

Director

..................................................................................

Part 3--Astronomical functions

11 Astronomical

functions ...................................................................... 5

12 Fees

....................................................................................................

Part 4--Australian Astronomical Observatory Advisory

Committee

13 Australian

Astronomical

Observatory Advisory Committee ............. 7

14 Function

Advisory Committee ...................................................... 7

15 Appointment

Advisory Committee members etc. ......................... 7

16 Procedure

Advisory Committee .................................................... 7

17 Remuneration

and

allowances ........................................................... 8

Leave of absence ................................................................................ 8

19 Resignation

........................................................................................

Disclosure of interests to the Secretary .............................................. 8

Disclosure of interests to Advisory Committee ................................. 9

22 Other

terms

and

conditions .............................................................. 10

Part 5--Miscellaneous

Delegation by the Secretary ............................................................. 11

Executive power of the Commonwealth .......................................... 11

Concurrent operation of State and Territory laws ............................ 11

26 Regulations

......................................................................................

Part 1 Preliminary

Section 3

2 Australian Astronomical Observatory Bill 2009 No. , 2009

3 Simplified outline

The following is a simplified outline of this Act:

�

This Act establishes the Australian Astronomical Observatory

within the Department.

�

There is to be a Director of the Australian Astronomical

Observatory.

�

The Secretary has functions relating to optical astronomy, but

may delegate those functions to the Director or the staff of the

Australian Astronomical Observatory.

�

There is to be an Australian Astronomical Observatory

Advisory Committee.

4 Definitions

In this Act:

Advisory Committee means the Australian Astronomical

Observatory Advisory Committee.

Advisory Committee member means a member of the Advisory

Committee, and includes the Chair of the Advisory Committee.

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

Director means the Director of the Australian Astronomical

Observatory.

optical includes radiation in the near-ultraviolet, visible and

infrared portions of the electromagnetic spectrum.

optical astronomy facility means a telescope, or other facility, for

making optical astronomical observations, and includes any

associated equipment, buildings or infrastructure.

Secretary means the Secretary of the Department.

Part 2 Australian Astronomical Observatory

Section 8

4 Australian Astronomical Observatory Bill 2009 No. , 2009

Part 2--Australian Astronomical Observatory

8 Australian Astronomical Observatory

There is to be an Australian Astronomical Observatory within the

Department.

9 Director

(1) There is to be a Director of the Australian Astronomical

Observatory.

(2) The Director is to be an SES employee.

Note 1:

The Secretary may delegate functions to the Director--see section 23.

Note 2:

SES employee is defined in section 17AA of the Acts Interpretation

Act 1901.

10 Acting Director

(1) The Secretary may appoint an APS employee to act as the

Director:

(a) during a vacancy in the position of Director (whether or not

an appointment has previously been made to the position); or

(b) during any period, or during all periods, when the Director:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the

position.

Note:

APS employee is defined in section 17AA of the Acts Interpretation

Act 1901.

(2) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See sections 20 and 33A of the Acts Interpretation Act 1901.

Astronomical functions Part 3

Section 11

Australian Astronomical Observatory Bill 2009 No. , 2009 5

Part 3--Astronomical functions

11 Astronomical functions

(1) The Secretary has functions relating to optical astronomy.

(2) Those functions include the following:

(a) to operate, construct, develop and maintain national optical

astronomy facilities;

(b) to support optical astronomy facilities;

and governments on matters relating to optical astronomy;

(d) to facilitate access to optical astronomy facilities;

(e) to develop, manufacture and provide instrumentation for

optical astronomy facilities;

(f) to support the development, manufacture and provision of

instrumentation for optical astronomy facilities;

(g) to support, encourage, conduct and evaluate research about

matters relating to optical astronomy;

(h) to support, encourage, conduct and evaluate educational,

promotional and community awareness programs that are

relevant to optical astronomy;

(i) to publish (whether on the internet or otherwise) reports,

papers and information relating to optical astronomy;

(j) to advise the Minister about matters relating to optical

astronomy;

(k) to implement Australia's international obligations in relation

to optical astronomy;

(l) such other functions (if any) as are specified in the

regulations;

(m) to do anything incidental to or conducive to the performance

of any of the above functions.

(3) Subsection (2) does not limit subsection (1).

Note:

For delegation of functions, see section 23.

Australian Astronomical Observatory Advisory Committee Part 4

Section 13

Australian Astronomical Observatory Bill 2009 No. , 2009 7

Part 4--Australian Astronomical Observatory

Advisory Committee

13 Australian Astronomical Observatory Advisory Committee

The Australian Astronomical Observatory Advisory Committee is

established by this section.

Note: In

this

Act,

Advisory Committee means the Australian Astronomical

Observatory Advisory Committee--see section 4.

14 Function of Advisory Committee

The Advisory Committee has the function of advising the

Secretary about the performance of the functions conferred on the

Secretary by section 11.

15 Appointment of Advisory Committee members etc.

(1) Each Advisory Committee member is to be appointed by the

Secretary by written instrument.

(2) An Advisory Committee member holds office for the period

specified in the instrument of appointment. The period must not

exceed 3 years.

Note:

For re-appointment, see subsection 33(4A) of the Acts Interpretation

Act 1901.

(3) An Advisory Committee member holds office on a part-time basis.

(4) The Secretary may terminate the appointment of an Advisory

Committee member.

16 Procedure of Advisory Committee

(1) The Secretary may give the Advisory Committee written directions

about:

(a) the way in which the Advisory Committee is to carry out its

function; and

(b) procedures to be followed in relation to meetings.

Part 4 Australian Astronomical Observatory Advisory Committee

Section 17

8 Australian Astronomical Observatory Bill 2009 No. , 2009

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) A direction given under subsection (1) is not a legislative

instrument.

17 Remuneration and allowances

(1) An Advisory Committee member is to be paid the remuneration

that is determined by the Remuneration Tribunal. If no

determination of that remuneration by the Tribunal is in operation,

the member is to be paid the remuneration that is prescribed by the

regulations.

(2) An Advisory Committee member is to be paid the allowances that

are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

18 Leave of absence

The Secretary may grant leave of absence to an Advisory

Committee member on the terms and conditions that the Secretary

determines.

19 Resignation

(1) An Advisory Committee member may resign his or her

appointment by giving the Secretary a written resignation.

(2) The resignation takes effect on the day it is received by the

Secretary or, if a later day is specified in the resignation, on that

later day.

20 Disclosure of interests to the Secretary

An Advisory Committee member must give written notice to the

Secretary of all interests, pecuniary or otherwise, that the member

has or acquires and that conflict or could conflict with the proper

performance of the member's functions.

Australian Astronomical Observatory Advisory Committee Part 4

Section 21

Australian Astronomical Observatory Bill 2009 No. , 2009 9

21 Disclosure of interests to Advisory Committee

(1) A person who:

(a) is an Advisory Committee member; and

(b) has an interest, pecuniary or otherwise, in a matter being

considered or about to be considered by the Advisory

Committee;

must disclose the nature of the interest to a meeting of the

committee.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the Advisory Committee member's knowledge.

(3) The disclosure must be recorded in the minutes of the meeting of

the Advisory Committee.

(4) Unless the Advisory Committee otherwise determines, the

Advisory Committee member:

(a) must not be present during any deliberation by the Advisory

Committee on the matter; and

(b) must not take part in any decision of the Advisory Committee

with respect to the matter.

(5) For the purposes of making a determination under subsection (4),

the Advisory Committee member:

(a) must not be present during any deliberation of the Advisory

Committee for the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the

minutes of the meeting of the Advisory Committee.

(7) The Secretary may terminate the appointment of an Advisory

Committee member if the member fails, without reasonable

excuse, to comply with this section.

(8) Subsection (7) does not limit subsection 15(4).

Miscellaneous Part 5

Section 23

Australian Astronomical Observatory Bill 2009 No. , 2009 11

Part 5--Miscellaneous

23 Delegation by the Secretary

(1) The Secretary may, by writing, delegate all or any of his or her

functions or powers under this Act to a person.

(2) The delegate must be:

(a) the Director; or

(b) an APS employee within the Australian Astronomical

Observatory who has the expertise appropriate to the function

or power delegated.

(3) In exercising functions or powers under a delegation, the delegate

must comply with any directions of the Secretary.

24 Executive power of the Commonwealth

This Act does not limit the executive power of the Commonwealth.

25 Concurrent operation of State and Territory laws

This Act is not intended to exclude or limit the operation of a law

of a State or Territory that is capable of operating concurrently

with this Act.

26 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted to be prescribed by this Act; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

AUSTRALIAN ASTRONOMICAL OBSERVATORY BILL 2009