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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Industry
Research and Development Amendment Bill
2003
No. ,
2003
(Industry, Tourism and
Resources)
A Bill for an Act to amend the
Industry Research and Development Act 1986, and for related
purposes
Contents
Industry Research and Development Act
1986 3
A Bill for an Act to amend the Industry Research and
Development Act 1986, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Industry Research and Development
Amendment Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Industry Research and
Development Act 1986
1 At the end of section 3
Add “and innovation activities”.
2 Subsection 4(1) (definition of agreement under
this Act)
Repeal the definition.
3 Subsection 4(1) (definition of
application)
Repeal the definition.
4 Subsection 4(1) (definition of Australian
government body)
Repeal the definition.
5 Subsection 4(1) (definition of Australian
government contractor)
Repeal the definition.
6 Subsection 4(1) (definition of corporate
researcher)
Repeal the definition.
7 Subsection 4(1) (definition of designated
activity)
Repeal the definition.
8 Subsection 4(1) (definition of discretionary
grant)
Repeal the definition.
9 Subsection 4(1) (definition of discretionary
grant agreement)
Repeal the definition.
10 Subsection 4(1) (definition of eligible
activity)
Repeal the definition.
11 Subsection 4(1) (definition of eligible
company)
Repeal the definition.
12 Subsection 4(1) (definition of generic
technology grant)
Repeal the definition.
13 Subsection 4(1) (definition of generic
technology grant agreement)
Repeal the definition.
14 Subsection 4(1) (definition of national
interest agreement)
Repeal the definition.
15 Subsection 4(1) (definition of national
procurement development program agreement)
Repeal the definition.
16 Subsection 4(1) (definition of
researcher)
After “research and development activities”, insert “or
innovation activities”.
17 Subsection 4(1) (definition of
subsidy)
Repeal the definition.
18 Subsection 4(1)
Insert:
technical assessment means:
(a) in relation to a proposal for research and development or a proposal
for innovation in respect of which an application has been made for the
expenditure of Commonwealth money under a program to which Ministerial
directions under section 18A apply—an assessment of, and the
provision of advice and recommendations concerning:
(i) the eligibility of the proposal, and of the applicant, to participate
in the program; and
(ii) the technical merit of the proposal; and
(iii) any other matter specified in the Ministerial directions;
and
(b) in relation to the progress of particular research and development or
a particular innovation initiative in respect of which the expenditure of
Commonwealth money has been approved under such a program—an assessment
of, and the provision of advice and recommendations concerning:
(i) the progress of that research and development or of that innovation
initiative; and
(ii) any other matter specified in the Ministerial directions.
19 Subsections 4(3) and (4)
Repeal the subsections.
20 Before paragraph 7(a)
Insert:
(aaa) in accordance with Ministerial directions under section 18A or
19—to provide technical assessments to the Minister in relation
to:
(i) proposals for research and development, or proposals for innovation,
under programs to which those directions apply; or
(ii) the progress of particular research and development or particular
innovation initiatives in respect of which the expenditure of Commonwealth money
has been approved under such programs; and
21 At the end of paragraphs 7(a) and
(aa)
Add “and”.
22 Paragraph 7(b)
Repeal the paragraph.
23 After section 18
Insert:
(1) The Minister may, in relation to any program relating to research and
development matters or innovation matters that is administered by the
Department, by notice in writing delivered to the Chairperson, give directions
to the Board concerning the provision to the Minister of technical
assessments:
(a) of proposals for research and development, or proposals for
innovation, under that program; and
(b) of the progress of research and development, or innovation, in respect
of which the expenditure of Commonwealth money has been approved under that
program.
(2) Without limiting the generality of subsection (1), Ministerial
directions that the Board provide a technical assessment of a research and
development proposal, or an innovation proposal, may include a requirement that
the Board consider and report to the Minister on whether the proposal is likely
to lead to results that can be exploited on normal commercial terms or will
otherwise benefit the Australian economy.
24 Subsection 19(2)
Repeal the subsection.
25 Saving provision
Despite the repeal of subsection 19(2) of the Industry Research and
Development Act 1986, that subsection continues to apply in relation
to:
(a) any direction given by the Minister under that section before the date
of commencement of Schedule 1 to this Act; and
(b) any revocation of such a direction made on or after that
date;
as if the subsection had not been repealed.
26 After section 19
Insert:
(1) For the avoidance of doubt, a direction given to the Board after the
commencement of this section under section 18A or 19 must not confer a
function on the Board to commit, authorise or recommend the expenditure of
Commonwealth money.
(2) The Minister must publish in the Gazette any direction under
section 18A or 19 or any revocation of such a direction.
27 Part III
Repeal the Part.
28 Transitional provisions
(1) Despite the amendments of the Industry Research and Development Act
1986 made by this Act:
(a) Ministerial directions in force immediately before the commencing day
under section 19 of that Act in relation to a program of funding for
research and development are taken to continue in force on and after that day
for the purpose of facilitating the transitional arrangements set out in
subitems (3) to (6); but
(b) a person or body may not make an application after that day in respect
of a research and development proposal under such a program.
(2) Nothing in subitem (1) implies that:
(a) the Minister may not give directions, on or after the commencing day,
under section 18A of the Industry Research and Development Act 1986,
in relation to a program of funding for research and development that is
substantially similar to the program for which directions had been given under
section 19 of that Act; or
(b) a person or body may not make an application after that day in respect
of a research and development proposal under such a substantially similar
program.
(3) If:
(a) before the commencing day, a person or body has made an application
under the Industry Research and Development Act 1986 for the expenditure
of Commonwealth money in respect of a research and development proposal;
and
(b) that proposal is a proposal for research and development to be funded
under a program to which Ministerial directions in force immediately before that
day under section 19 of that Act apply;
then:
(c) that application may be considered and dealt with by the Industry
Research and Development Board on and after that day, and
(d) any agreement in relation to the provision of Commonwealth money for
that proposal may be entered into by or on behalf of the Board on and after that
day;
as if the amendments made by this Schedule had not been made.
(4) If:
(a) before the commencing day, the Board had entered into:
(i) an agreement under section 33 of the Industry Research and
Development Act 1986 as in force at that time; or
(ii) an agreement under the Industry Research and Development Act
1986 in relation to a research and development program to which Ministerial
directions in force immediately before that day under section 19 of the
Industry Research and Development Act 1986 apply; and
(b) immediately before the commencing day, any obligation under that
agreement is still required to be met;
that agreement continues in force, according to its terms, on and after
that day, as if the amendments made by this Schedule had not been
made.
(5) The Industry Research and Development Board may from time to time, on
or after the commencing day, for the purpose of determining whether obligations
required to be met under an agreement referred to in subitem (3) or (4) are
in fact being met, exercise any powers that had been conferred on the Board by
or under the Industry Research and Development Act 1986 or by the
agreement as if the amendments made by this Schedule had not been
made.
(6) Despite the amendments of the Industry Research and Development Act
1986 made by this Schedule, a prosecution may be instituted, on or after the
commencing day, in respect of an offence concerning:
(a) an application made before that day for:
(i) the expenditure of Commonwealth money under a program to which
Ministerial directions in force immediately before that day under
section 19 of that Act apply; or
(ii) an advance in respect of money that may be paid under such a program;
or
(b) if any agreement is entered into before, on or after that day in
relation to such an application—any act or omission, or the provision of
or failure to provide any information, in relation to the research and
development to which the agreement relates;
as if those amendments had not been made.
(7) In this item:
commencing day means the date of commencement of
Schedule 1 to this Act.
29 Part IV
Repeal the Part.
30 Subsection 44(6)
Omit “claim for subsidy”, substitute:
application for:
(a) the expenditure of Commonwealth money under a program to which
Ministerial directions under section 18A or 19 apply; or
(b) an advance in respect of money that may be paid under such a
program.
31 Subsection 44(11)
Repeal the subsection.
32 Paragraph 46(2)(a)
Repeal the paragraph, substitute:
(a) must contain an analysis of the effectiveness of the operations of the
Board under this Act during the year in achieving the object of this Act;
and
33 Paragraph 46(2)(b)
Omit all the words before subparagraph (i), substitute:
if the Board has entered into agreements under this Act, including
agreements entered into under transitional arrangements, during the
year—must set out, in relation to each such agreement entered
into:
34 Subparagraph 46(2)(b)(ii)
Omit “subsidy”, substitute “Commonwealth
money”.
35 Subparagraphs 46(2)(b)(iv), (v) and
(vi)
Repeal the subparagraphs, substitute:
(iv) subject to section 47, particulars of the research and
development activities to which the agreement relates; and
36 Paragraph 46(2)(c)
Repeal the paragraph, substitute:
(c) if the Board has entered into agreements under this Act, including
agreements entered into under transitional arrangements, and those agreements
are still in force during the year—must set out, in relation to each such
agreement entered into:
(i) the name of each researcher to whom Commonwealth money has been paid
in respect of a research and development program during the year; and
(ii) the amount of Commonwealth money paid to that researcher in respect
of that program in the year; and
37 At the end of
section 46
Add:
(4) In this section:
transitional arrangements means arrangements provided for in
item 28 of Schedule 1 to the Industry Research and Development
Amendment Act 2003.