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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Research
Agencies Legislation Amendment Bill 2002
No.
, 2002
(Education, Science and
Training)
A Bill for an Act to amend
legislation relating to the Australian Institute of Marine Science and
the Australian Nuclear Science and Technology Organisation, and for other
purposes
Contents
Part 1—Functions and
powers 3
Part 2—Finance 6
Part 3—Miscellaneous 9
Part 1—Functions and
powers 10
Part 2—Contracts 12
A Bill for an Act to amend legislation relating to the
Australian Institute of Marine Science and the Australian Nuclear
Science and Technology Organisation, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Research Agencies Legislation Amendment
Act 2002.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Section 5
Insert:
application and use means:
(a) marine application and use; or
(b) non-marine application and use.
2 Paragraph 9(1)(a)
Repeal the paragraph, substitute:
(a) to carry out research and development in relation to:
(i) marine science and marine technology; and
(ii) the application and use of marine science and marine technology;
and
3 Paragraph 9(1)(f)
Repeal the paragraph, substitute:
(f) to collect and disseminate information relating to:
(i) marine science and marine technology; and
(ii) the application and use of marine science and marine
technology;
and, in particular, to publish reports and other papers; and
4 Paragraph 9(1)(g)
Repeal the paragraph, substitute:
(g) to produce, acquire, provide and sell goods, and to provide services,
in connection with:
(i) marine science and marine technology; and
(ii) the application and use of marine science and marine technology;
and
5 Paragraph 9(1)(h)
Omit “and facilities”, substitute “, facilities,
resources and property”.
6 Subsection 9(2)
Omit “only”, substitute “to the extent only that they are
not in excess of the functions that may be conferred on it by virtue of any of
the legislative powers of the Parliament and, in particular, may perform its
functions”.
7 Paragraph 9(2)(f)
Omit “Territory.”, substitute “Territory;
or”.
8 At the end of subsection
9(2)
Add:
(g) for purposes in relation to quarantine; or
(h) for purposes in relation to fisheries in Australian waters beyond
territorial limits; or
(i) for purposes in relation to telecommunications.
9 At the end of
section 9
Add:
(3) In this section:
communications includes any communication whether:
(a) between persons and persons, things and things or persons and things;
and
(b) in the form of speech, music or other sounds; and
(c) in the form of data; and
(d) in the form of text; and
(e) in the form of visual images (animated or otherwise); and
(f) in the form of signals; and
(g) in any other form; and
(h) in any combination of forms.
telecommunications means the carriage of communications by
means of guided and/or unguided electromagnetic energy.
10 Paragraph 10(2)(k)
Repeal the paragraph, substitute:
(k) to arrange for displaying material and giving lectures, to the public
or otherwise, about:
(i) marine science and marine technology; and
(ii) the application and use of marine science and marine
technology.
11 Transitional—pre-commencement functions
and powers
In determining the functions and powers that the Institute had before the
commencement of this item, the amendments made by this Part are to be
disregarded.
12 Section 5
Insert:
associated company, in relation to the Institute, means a
company where the Institute is in a position to cast, or control the casting of,
15% or more of the maximum number of votes that might be cast at a general
meeting of the company.
13 Section 5
Insert:
borrowing includes raising money or obtaining credit, whether
by dealing in securities or otherwise, but does not include obtaining credit in
a transaction forming part of the day-to-day operations of the
Institute.
14 Section 5
Insert:
Finance Minister means the Minister
administering the Commonwealth Authorities and Companies Act
1997.
15 After paragraph 10(2)(h)
Insert:
(ha) to lend money to associated companies of the Institute;
(hb) with the written approval of the Finance Minister, to provide
guarantees for the benefit of associated companies of the Institute;
16 Subsection 36(2)
Omit “Minister for Finance”, substitute “Finance
Minister”.
17 Paragraph 38(1)(a)
Repeal the paragraph, substitute:
(a) in payment or discharge of the costs, expenses and other obligations
incurred by the Institute in the performance of its functions or the exercise of
its powers; and
18 Paragraph 38(1)(b)
Omit “this Act.”, substitute “this Act;
and”.
19 At the end of subsection
38(1)
Add:
(c) in making any other payments which the Institute is authorised or
required to make under this Act or any other law.
20 Section 42
Omit “exceeding $100,000.”, substitute:
exceeding:
(a) $1 million; or
(b) if a higher amount is specified in the regulations—that higher
amount.
21 After section 42
Insert:
The Finance Minister may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Institute on
such terms and conditions as he or she determines in writing.
(1) The Institute may, with the Finance Minister’s written approval,
borrow money from persons other than the Commonwealth on terms and conditions
specified in, or consistent with, the approval.
(2) Money may be borrowed wholly or partly in foreign currency.
(1) The Finance Minister may, on behalf of the Commonwealth, enter into a
contract guaranteeing the performance by the Institute of obligations incurred
by it under section 42B.
(2) If the Finance Minister determines in writing that obligations
incurred by the Institute under section 42B are guaranteed by the
Commonwealth, the obligations become so guaranteed.
(3) A contract under subsection (1) may include:
(a) a provision agreeing that proceedings under the contract may be taken
in courts of a foreign country; or
(b) a provision waiving the immunity of the Commonwealth from suit in
courts of a foreign country.
The Institute must not borrow money except under section 42A or
42B.
The Institute may give security over the whole or part of its assets
for:
(a) the performance by the Institute of any obligation incurred under
section 42A or 42B; or
(b) the payment to the Commonwealth of amounts equal to amounts paid by
the Commonwealth under a guarantee under section 42C.
22 At the end of
section 43
Add:
(2) Stamp duty or a similar tax under a law of the Commonwealth or of a
State or Territory is not payable by the Institute or any other person in
respect of:
(a) a transaction done for the purposes of a borrowing by the Institute;
or
(b) a document executed by or on behalf of the Institute for the purposes
of a borrowing by the Institute.
23 Section 10A
Omit “section 18 and”.
24 Section 31
Repeal the section.
25 Subsection 33(1)
Omit “Subject to this Part, the”, substitute
“The”.
26 Subsection 33(2)
Repeal the subsection.
27 Subsection 35(1)
Omit “Subject to this Part, the”, substitute
“The”.
28 Subsection 35(3)
Repeal the subsection.
29 Subsection 48(1)
Omit “, with the approval of the Minister”.
30 Section 49
Omit “, with the approval of the Minister”.
31 The Schedule
Repeal the Schedule.
1 Subsection 3(1)
Insert:
application and use means:
(a) nuclear application and use; or
(b) non-nuclear application and use.
2 At the end of subparagraph
5(1)(a)(i)
Add “and”.
3 After subparagraph
5(1)(a)(i)
Insert:
(ia) the application and use of nuclear science and nuclear technology;
and
4 At the end of paragraph
5(1)(a)
Add “and”.
5 Paragraph 5(1)(b)
Omit “utilisation”, substitute “use”.
6 At the end of paragraphs 5(1)(b) and
(ba)
Add “and”.
7 Paragraph 5(1)(c)
Omit “provide and sell goods (whether produced by the Organisation or
purchased or otherwise acquired by the Organisation) and services”,
substitute “produce, acquire, provide and sell goods, and to provide
services, that are”.
8 After subparagraph
5(1)(c)(ia)
Insert:
(ib) in connection with nuclear science and nuclear technology;
or
(ic) in connection with the application and use of nuclear science and
nuclear technology; or
9 At the end of paragraphs 5(1)(c) and
(d)
Add “and”.
10 Paragraph 5(1)(e)
Repeal the paragraph, substitute:
(e) to provide advice on aspects of:
(i) nuclear science and nuclear technology; and
(ii) the application and use of nuclear science and nuclear technology;
and
(iii) other matters related to its activities; and
11 Paragraph 5(1)(ea)
Omit “and facilities” (first occurring), substitute “,
facilities, resources and property”.
12 Subparagraph
5(1)(ea)(iii)
After “land”, insert “, buildings”.
13 At the end of paragraphs 5(1)(ea), (f), (g),
(h) and (j)
Add “and”.
14 At the end of
section 6
Add:
(3) To avoid doubt, the Organisation has the power to construct buildings
and facilities for the sole purpose of performing the function referred to in
paragraph 5(1)(ea).
15 Transitional—pre-commencement functions
and powers
In determining the functions and powers that the Organisation had before
the commencement of this item, the amendments made by this Part are to be
disregarded.
16 Section 31
Omit “exceeding $5,000,000.”, substitute:
exceeding:
(a) $5 million; or
(b) if a higher amount is specified in the regulations—that higher
amount.