Commonwealth Numbered Acts

EMPLOYMENT, EDUCATION AND TRAINING AMENDMENT ACT 2000 NO. 10, 2000 - SCHEDULE 1

1 Subsection 3(1) (definition of Board )

2 Subsection 3(1) (definition of Council )

3 Subsection 3(1) (definition of higher education institution )

4 Subsection 3(1) (definition of parent body )

5 Subsection 3(1) (definition of school system )

6 Section 4

7 Part II

8 Part III (heading)

Part III—The Australian Research Council

9 Division 1 of Part III (heading)

Division 1—Establishment, functions and powers of the Council

10 Section 23

23 Establishment

The Australian Research Council is established.

11 Sections 24, 25 and 26

12 Paragraph 27(1)(a)

13 At the end of subparagraph 27(1)(a)(ii)

14 Paragraph 27(1)(b)

15 Paragraph 27(1)(b)

16 At the end of subparagraph 27(1)(b)(ii)

17 Paragraph 27(1)(c)

18 At the end of subsection 27(1)

; and (d) to prepare and give reports to the Minister under section 30.

19 Subsection 27(2)

20 Sections 27A and 28

21 Subsection 29(1)

22 Subsection 29(1)

Note: The heading to section 29 is amended by omitting " Councils " and substituting " Council ".

23 Subsection 29(1)

24 Subsection 29(2)

25 Subsection 29(3)

26 After subsection 29(3)

(3A)

The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament.

27 Subsection 29(4)

28 Section 30

30 Reports

(1)

As soon as practicable after the end of each financial year, the Council must prepare and give to the Minister a report on the operations of the Council during that year.

(2)

Without limiting the matters that may be included in a report under subsection (1), the report must include information about:

(a)

the matters referred by the Minister to the Council, the reports prepared by the Council on those matters and the persons, bodies and authorities (if any) consulted by the Council in preparing those reports; and

(b)

the matters in relation to which the Council gave information and advice to the Minister on its own motion.

(3)

In addition to the report referred to in subsection (1), the Council must give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Council thinks fit.

(4)

Without limiting subsection (3), the Council must, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister.

(5)

The Minister must cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

(6)

If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 2000 commenced, it need not deal with the part of the financial year preceding that commencement.

29 Subsection 31(1)

30 Subsection 31(2)

31 Paragraph 31(2)(a)

32 Division 2 of Part III (heading)

Division 2—Constitution and meetings of the Council

33 Subsection 32(1)

34 Subsection 32(3)

(3)

The Minister may appoint an officer or employee of the Australian Public Service to be a member of the Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee.

35 Subsection 32(4)

36 Sections 32, 33, 33A and 33B

37 Subsection 33B(11)

38 Section 34

39 Sections 35, 35A, 35B, 35C, 35D, 35E, 35F and 35G

40 Subsection 35C(1)

41 Subsection 35F(2)

42 Section 36

36 Establishment etc. of committees

(1)

The Minister may establish a committee to assist the Council in carrying out its functions in relation to such matters as are approved by the Minister.

(2)

The Minister may at any time dissolve a committee.

43 Subsection 37(1)

(1)

Subject to the approval of the Minister, a committee is to consist of such members as are appointed by the Council.

44 Paragraph 37(2)(a)

(a)

consist wholly of persons who are members of the Council; or

45 Subsections 37(4) and (5)

46 Section 38

38 Functions

(1)

The functions of a committee established to assist the Council in connection with any matter are to make such enquiries and give such reports, with respect to that matter, as the Council directs.

(2)

The Minister may specify the other functions of a committee after consulting with the Chairperson of the Council.

47 Subsection 55(1)

48 Subsection 55(2)

49 Subsection 55(3)

50 At the end of section 55

(4)

The Minister may resolve any conflict between any of the policies determined, and the directions given to the Director, by the Council under subsection (3).

51 Subsection 57(1)

(1)

The Minister may, after consultation with the Chairperson of the Council, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to the Council on matters relating to the functions of the Council.

52 Subsection 57(2)

53 Subsection 60(1)

54 Subsection 60(2)

(2)

The disclosure is to be recorded in the minutes of the meeting of the body and, subject to subsection (2A), the member must not:

(a)

be present during any deliberation of the body with respect to the matter; or

(b)

take any part in any decision of the body with respect to the matter.

(2A)

A determination that paragraphs (2)(a) and (b) do not apply in relation to the member may be made by:

(a)

the body; or

(b)

if the body is the Council—the Minister; or

(c)

if the body is a committee—the Council.

55 Subsection 60(3)

56 Subsection 60(4)

57 Subsection 61(1)

58 Subsection 61(1)

59 Paragraph 61(2)(a)

60 Subsection 61(2)

61 Subsection 62(1)

62 Subsection 62(1)

63 Paragraph 62(2)(a)

64 At the end of section 62

(3)

The Minister may delegate his or her power under subsection 55(4) to the Secretary of the Department.

65 Subsection 63(1)

66 Schedule 1

67 Definitions

amended Act means the Employment, Education and Training Act 1988 as amended by Part 1 of this Schedule.

Board has the same meaning as in the Employment, Education and Training Act 1988 immediately before the commencement.

commencement means the commencement of this Part.

68 Continuation of the Australian Research Council

69 Existing matters referred to the Australian Research Council

70 Existing appointments in relation to the Australian Research Council

(1) Subject to subitem (2), a person who, immediately before the commencement, held an appointment to, or in relation to, the Australian Research Council under a particular provision of the Employment, Education and Training Act 1988 :

(a)

continues to hold that appointment:

(i)

for the remainder of the period for which he or she was appointed; and

(ii)

on the same terms and conditions on which he or she was appointed; and

(b)

is taken to hold that appointment under the same provision of the amended Act.

(2) If, immediately before the commencement, a person was the Chairperson of the Australian Research Council on a part-time basis and at the same time was a member of the Board appointed on a full-time basis, the person's appointment as the Chairperson of the Council:

(a)

continues in force as if the appointment had been on a full-time basis; and

(b)

so continues in force on the same terms and conditions as the terms and conditions of the person's appointment as a member of the Board.

71 Existing committees to assist Australian Research Council

72 Existing members of the committee for the Australian Research Council

(a)

continues to be a member of that committee:

(i)

for the remainder of the period for which he or she was appointed a member; and

(ii)

on the same terms and conditions on which he or she was holding office immediately before the commencement; and

(b)

is taken to have been appointed under subsection 37(1) of the amended Act.

73 Existing Counsellors for the Australian Research Council

(a)

continues to be a Counsellor for the Council:

(i)

for the remainder of the period for which he or she was appointed a Counsellor; and

(ii)

on the same terms and conditions on which he or she was holding office immediately before the commencement; and

(b)

is taken to have been appointed under subsection 57(1) of the amended Act.

74 Directions and guidelines under subsection 29(1)

75 Determinations under subsection 60(2)

(a)

if the original determination was made by the Board—the Minister; or

(b)

in any other case—the person or body that made the original determination.

[ Minister's second reading speech made in—
House of Representatives on 30 March 1999
Senate on 12 August 1999 ]
(67/99)