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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Science, Technology and Engineering Council Repeal Bill
1998
No. ,
1998
(Industry, Science and
Tourism)
A Bill for an Act to repeal the
Australian Science, Technology and Engineering Council Act 1978, and for
other purposes
9804620—717/30.3.1998—(46/98)
Cat. No. 98 2868 6 ISBN 0644 519193
Contents
A Bill for an Act to repeal the Australian Science,
Technology and Engineering Council Act 1978, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Science, Technology and
Engineering Council Repeal Act 1998.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), section 3 and Schedule 1 commence on a day
to be fixed by Proclamation.
(3) If section 3 and Schedule 1 do not commence under subsection (2)
within 6 months after the day on which this Act receives the Royal Assent, that
section and Schedule commence on the day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 The whole of the Act
Repeal the Act.
2 Council to continue in existence for purposes
of making a final report to the Minister
(1) Despite the repeal effected by item 1, the Australian Science,
Technology and Engineering Council (the Council) continues in
existence for the purpose of performing its functions under this item.
(2) As soon as practicable after the commencement of this Schedule, the
Council must prepare and give to the Minister a report of the operations of the
Council during the period that began on 1 July 1997 and ended at that
commencement.
(3) Subject to subitem (4), the report is to set out all requests made by
the Minister under subsection 6(1) of the Australian Science, Technology and
Engineering Council Act 1978 (the repealed Act), and all
directions given by the Minister under section 8 of that Act, during the period
to which the report relates.
(4) The report must not, without the Minister’s consent, disclose the
contents of a report given to the Minister under section 6 of the repealed Act
before the last-mentioned report has been laid before either House of the
Parliament.
(5) Subject to subitem (6), the Minister must cause the report to be laid
before each House of the Parliament within 15 sitting days of that House after
the report is received by him or her.
(6) If the laying of the report before the Parliament in accordance with
subitem (5) would result in:
(a) the disclosure of information that would, in the Minister’s
opinion, be contrary to the public interest because it would
prejudice:
(i) Australia’s security, defence or international relations;
or
(ii) relations between the Commonwealth and any State; or
(b) the disclosure of information received by the Council in
confidence;
the Minister must either:
(c) cause the report to be laid before the Parliament with such deletions
as the Minister thinks necessary to avoid that result; or
(d) ensure that the report is not laid before the Parliament until the
Minister is satisfied that laying the report before the Parliament would not
have that result.
(7) The Council ceases to exist at the end of the day on which the report
is received by the Minister.
(8) The Minister may give a written certificate specifying the day on which
the report is received by him or her. Unless the contrary is established, a
certificate so given is conclusive evidence that the report was received by the
Minister on the day specified in the certificate.
3 Protection against
actions
(1) No action, suit or other proceeding lies:
(a) against a person who is or has been:
(i) a member of the Australian Science, Technology and Engineering Council
(the Council); or
(ii) a member of a committee of the Council appointed under section 24 of
the Australian Science, Technology and Engineering Council Act 1978 (the
repealed Act); or
(iii) a member of the staff of the Council; or
(iv) an officer or employee of a Commonwealth authority performing
services for the Council; or
(v) a consultant to the Council;
for or in relation to anything done or omitted to be done in good faith
for the purposes of the repealed Act or this Schedule; or
(b) against any person for or in relation to the giving of any information
by that person in good faith for the purposes of the repealed Act or this
Schedule to:
(i) the Council; or
(ii) a committee appointed under section 24 of the repealed Act;
or
(iii) a person referred to in paragraph (a).
(2) This item does not limit or abridge any defence existing apart from
this item.
4 Secrecy
(1) This item applies to a person who is or has been:
(a) a member of the Australian Science, Technology and Engineering Council
(the Council); or
(b) a member of a committee of the Council appointed under section 24 of
the Australian Science, Technology and Engineering Council Act 1978 (the
repealed Act); or
(c) a member of the staff of the Council; or
(d) an officer or employee of a Commonwealth authority performing services
for the Council; or
(e) a consultant to the Council.
(2) A person to whom this item applies must not, either directly or
indirectly, except for the purposes of the repealed Act or with the permission
of the Minister:
(a) make a record of, or divulge or communicate to any person, any
information acquired by reason of his or her appointment under the repealed Act
or in the performance of functions or duties, or the exercise of powers, under
or in connection with the repealed Act or this Schedule; or
(b) produce to any person a document supplied to, lodged with, or
otherwise acquired by, the Council under the repealed Act or this
Schedule.
Penalty: 30 penalty units.
(3) The Minister must not give permission under subitem (2) in relation to
any information or document if:
(a) the information or document was received by the Council in confidence
and was not obtainable by the Council otherwise than in confidence; or
(b) the granting of permission would be contrary to the public interest
because it would prejudice:
(i) Australia’s security, defence or international relations;
or
(ii) relations between the Commonwealth and any State.
(4) If particular information or a particular document is not information
or a document in relation to which permission has been given by the Minister
under subitem (2), a person to whom this item applies must not be required to
divulge or communicate the information to a court, or to produce the document in
a court, except where it is necessary to do so for the purposes of the repealed
Act or this Schedule, or for the purposes of proceedings under, or arising out
of, the repealed Act or this Schedule.
(5) The Minister may give permission under subitem (2) in relation to
particular information or information included in specified classes of
information or in relation to a particular document or documents included in
specified classes of documents.
(6) In this item:
court includes any tribunal, authority or person having power
to require the production of documents or the answering of questions.
document includes any record.
produce includes permit access to.