FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INDUSTRY, INNOVATION AND SCIENCE MEASURES NO. 1) REGULATION 2016 (F2016L00513) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL FRAMEWORK (SUPPLEMENTARY POWERS) AMENDMENT (INDUSTRY, INNOVATION AND SCIENCE MEASURES NO. 1) REGULATION 2016 (F2016L00513)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Financial Framework (Supplementary Powers) Act 1997

 

Financial Framework (Supplementary Powers) Amendment

(Industry, Innovation and Science Measures No. 1) Regulation 2016

 

The Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) confers on the Commonwealth, in certain circumstances, powers to make arrangements under which money can be spent; or to make grants of financial assistance; and to form, or otherwise be involved in, companies.  The arrangements, grants, programs and companies (or classes of arrangements or grants in relation to which the powers are conferred) are specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the Principal Regulations).  The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

Section 65 of the FF(SP) Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

 

Section 32B of the FF(SP) Act authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Principal Regulations.  Section 32B also authorises the Commonwealth to make, vary and administer arrangements for the purposes of programs specified in the Principal Regulations.  Schedule 1AA and Schedule 1AB to the Principal Regulations specify the arrangements, grants and programs. 

 

Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AB for spending by the Government on initiatives under the National Innovation and Science Agenda, which was announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Industry, Innovation and Science, the Hon Christopher Pyne MP, on 7 December 2015.  The initiatives will be administered by the Department of Industry, Innovation and Science, with an aspect of the Global Innovation Strategy to be administered by the Australian Trade Commission.  Funding details were included in the Mid-Year Economic and Fiscal Outlook 2015-16, released on 15 December 2015. 

 

Funding will be provided for:

*         quantum computing research to support the development of silicon quantum computing technology in Australia;

*         the Global Innovation Strategy to support collaborations between Australian business, researchers and international clusters; 

*         expanding opportunities for women in science, technology, engineering and mathematics (STEM) and entrepreneurship to attract and retain girls and women in STEM studies;

*         the Prime Minister's Prizes for Science to recognise excellence in STEM in young Australians and early career research;

*         the Science and Mathematics Olympiads to support Australian students' participation in the Olympiads program;

*         the Asian Physics Olympiad to support Australia's hosting of the 2019 Asian Physics Olympiad and Australian student participation in this event;

*         international science competitions to support the participation of Australian students in international STEM competitions; and

*         STEM community engagement to support an annual National Youth Science Forum to deliver programs to encourage students' participation in STEM subjects, STEM events for students in primary school and secondary school, and provide scholarships that enable students to attend STEM events.

 

Details of the Regulation are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.  The Regulation commences on the day after registration on the Federal Register of Legislation. 

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Industry, Innovation and Science.

 

A regulation impact statement is not required as the Regulation only applies to non-corporate Commonwealth entities and does not adversely affect the private sector. 


Details of the Financial Framework (Supplementary Powers) Amendment (Industry, Innovation and Science Measures No. 1) Regulation 2016

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Financial Framework (Supplementary Powers) Amendment (Industry, Innovation and Science Measures No. 1) Regulation 2016.

 

Section 2 - Commencement

 

This section provides that the Regulation commences on the day after it is registered on the Federal Register of Legislation. 

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Financial Framework (Supplementary Powers) Act 1997.

 

Section 4 - Schedules

 

This section provides that the Financial Framework (Supplementary Powers) Regulations 1997 are amended as set out in the Schedules to the Regulation.

 

Schedule 1 - Amendments

 

Item 1 - Part 4 of Schedule 1AB (table)

 

This item adds eight new table items to Part 4 of Schedule 1AB that establish legislative authority for government spending on a number of initiatives which are part of the National Innovation and Science Agenda (NISA), which was announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Industry, Innovation and Science, the Hon Christopher Pyne MP, on 7 December 2015.  The initiatives will be administered by the Department of Industry, Innovation and Science, with an aspect of the Global Innovation Strategy to be administered by the Australian Trade Commission. 

 

New table item 142 establishes legislative authority for the Government to provide funding to support the development of silicon quantum computing technology in Australia.  Funding of $25.8 million over five years from 2016-17 will be provided to assist the Centre for Quantum Computation and Communications Technology (CQC2T) with the development of a silicon quantum integrated circuit - the first step in developing a practical quantum computing system.  It is expected that the funding will be provided to a new company which is proposed to be established with the Commonwealth's involvement.  This initiative is a key measure of the NISA. 

 

Information on this initiative is set out in the Mid-Year Economic and Fiscal Outlook 2015-16, Appendix A: Policy decisions taken since the 2015-16 Budget at page 197, under the measure 'National Innovation and Science Agenda - quantum computing'.

 

The decision-maker for funding made under this initiative will be a senior departmental official (or delegate).  Decisions by the decision-maker will be made in accordance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and, if applicable, the Commonwealth Grants Rules and Guidelines (CGRGs).  Funding will be provided over five years ($5 million, per year) to match research output.  Specific details would be finalised as part of the shareholder/funding agreement to be entered into between CQC2T and the Commonwealth should a company be formed.

Given the targeted, non-competitive nature of the funding that will be provided to CQC2T, merits review is not applicable. 

 

This initiative is part of Sub-program 1.2: Business research, development and commercialisation, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the Commonwealth executive power and the express incidental power (section 61 and section 51(xxxix) of the Constitution).

 

New table item 143 establishes legislative authority for government funding through the Global Innovation Strategy (GIS) to support collaborations between Australian business, researchers and international clusters, focusing on the Government's key growth sectors and science and research priorities. 

 

The GIS supports Australia's international whole-of-government activities, initiatives and programs for innovation and science to capitalise on global opportunities.  This includes government-to-government agreements and dialogues, programs enabling research and industry stakeholders to engage with international partners and other science and innovation stakeholders to establish and foster relationships with their counterparts.

 

Under the GIS, funding of $36 million will be provided over five years from 2016-17 to:

*         establish 'landing-pads' in five locations to support entrepreneurial Australians ($11 million);

*         provide seed funding to assist Australian collaborations including major venture projects involving international partners, and small and medium-sized enterprises (SME) and researcher links ($22 million); and

*         invest in reducing barriers to regional partnerships and promoting an open-market approach to industry research collaboration, including Asia-Pacific workshops, multilateral projects and mobility support for businesses and researchers ($3 million).

 

Funding for this initiative will commence from 1 July 2016.  Information on the initiative is set out in the Mid-Year Economic and Fiscal Outlook 2015-16, Appendix A: Policy decisions taken since the 2015-16 Budget at pages 194 to 195, under the measure 'National Innovation and Science Agenda - Global Innovation Strategy', and the Government's website on the NISA (www.innovation.gov.au).

 

Landing pads will assist emerging Australian companies with their approach to identifying and engaging with international opportunities in overseas markets.  Landing pads will be a physical space providing a mechanism for entrepreneurial Australian companies to make linkages with customers, mentors, investors and other businesses in the country of location.  The Australian Trade Commission (Austrade) will deliver the landing pads through a three-tier service offering:

*         Tier 1 relates to the landing pad site itself.  Core services will be delivered free of charge by Austrade through service provider partnerships.  Service providers will be reputable workspace communities and have existing infrastructure, business networks and marketing networks for Australian startups to leverage.

*         Tier 2 relates to the locally engaged landing pad coordinator.  The landing pad coordinator will be contracted by Austrade to manage the landing pad and will assist participants in customer identification, advice on accessing investors, understanding the local regulatory environment, leveraging the Austrade network and access to mentors.

*         Tier 3 relates to third parties and external providers.  To assist the Australian startups in creating a strong network of people, companies and programs to assist them in their expansion into international markets, Austrade will enable landing pad participants to access services provided by third parties (which may be sponsored, free of charge or on a fee for service basis).

 

These activities support Austrade's role in promoting Australian export trade, making information available to Australian organisations regarding opportunities for Australian export trade, supporting and facilitating investment in foreign countries and in Australia, and providing assistance in the development of markets in foreign countries.  Funding decisions in relation to these activities will be made by the Chief Executive Officer of Austrade, or delegate, in accordance with the functions set out in section 8 of the Australian Trade Commission Act 1985.

 

The decision-maker for spending decisions in relation to major venture projects under this measure is the Minister for Industry, Innovation and Science (or delegate).  Grants will be made in accordance with the PGPA Act and the CGRGs.

 

The Minister or the Minister's authorised departmental delegate (in accordance with the Guidelines) will award the SME-researcher link component as a grant to the Australian Academy of Technology and Engineering (ATSE).  The delegate will be required to act in accordance with the Accountable Authority Instructions issued by the Secretary of the department.  This initiative will provide seed funding for small-to-medium-sized enterprises and researchers to connect internationally with key innovation economies, with further funding available for connections that show strong commercial promise.  This grant will support one or more of the Government's policy objectives relating to broadening Australia's international science and innovation engagement.  Specifically, this is to enhance the relationships between Australia's learned academies and counterparts in other countries.  The grant to the ATSE will be made in accordance with the PGPA Act and the CGRGs.

 

The ATSE will deliver this component of the program via a competitive process, in which applications will be reviewed and assessed by an expert science and innovation panel (convened by the ATSE).

 

The Department of Industry, Innovation and Science will be closely involved with the ATSE in the development of the relevant criteria, consistent with enhancing the relationships between the ATSE and its international counterparts.  Criteria against which applications will be reviewed and assessed will be specified in guidelines issued by the ATSE, which will be available on the ATSE website (www.atse.org.au).  Given the targeted, non-competitive nature of the funding that will be provided to the ATSE, merits review is not applicable.

 

The Minister or the Minister's authorised departmental delegate (in accordance with the Guidelines) will award the regional collaborations component as a grant to the Australian Academy of Science (AAS).  This will support one or more of the Government's policy objectives relating to broadening Australia's international innovation and science engagement, by providing support for innovative solutions to regional challenges in the Asia-Pacific region.  Specifically, this is to enhance the relationships between Australia's learned academies and counterparts in other countries which serve to broaden Australia's international innovation and science engagement.  The grant to the AAS will be made in accordance with the PGPA Act and the CGRGs.

 

The Department of Industry, Innovation and Science will be closely involved with the AAS in the development of the relevant criteria for the delivery of activities under this initiative, consistent with enhancing the relationships between the AAS and its international counterparts.  Criteria against which applications will be reviewed and assessed will be specified in guidelines issued by the AAS.  The guidelines will be available on the AAS website (www.science.org.au).  Given the targeted, non-competitive nature of the funding that will be provided to the AAS, merits review is not applicable.

 

The Global Innovation Strategy is part of Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the trade and commerce power (section 51(i)); and

*         the external affairs power (section 51(xxix)).

 

New table item 144 establishes legislative authority for the Government to fund activities to expand opportunities for women in science, technology, engineering and mathematics (STEM) and entrepreneurship.  The activities will seek to attract and retain girls and women in STEM studies; address impediments to women pursuing STEM-based careers in the research sector, business or industry; and support girls and women in STEM and entrepreneurial careers.

 

Expenditure of $12.3 million over four years from 2016-17 will:

*         fund projects to boost female enrolments and participation in STEM studies and careers;

*         support the expansion of the Science in Australia Gender Equity (SAGE) initiative to all Australian publicly funded science and research organisations. The expansion will require participants to collect, analyse and present data on gender equity policies and practices in STEM disciplines, as well as identify gaps and opportunities for improvement.  Funding will also be provided to the Australian Academy of Science to establish an independent, not-for-profit limited liability entity to carry out external evaluations of participants and to continue the initiative; and

*         establish a new initiative using the 'Male Champions of Change' model to identify champions for gender equity in STEM-based careers and industries.

 

Information on this initiative is set out in the Mid-Year Economic and Fiscal Outlook 2015-16, Appendix A: Policy decisions taken since the 2015-16 Budget at pages 196 to 197, under the measure 'National Innovation and Science Agenda - inspiring all Australians in STEM'.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Grant guidelines and funding agreements will be in accordance with the PGPA Act and the CGRGs.  Selection criteria for these measures will be made publicly available on the NISA website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Funding for the expansion of SAGE and for the 'Champions of Change for STEM' is being provided to specific recipients on a non-competitive basis.  Given this, merits review is not applicable for these grants.  Other funding under this initiative will be awarded via a competitive selection process that will be set out in program guidelines.  The guidelines will be available on the NISA website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).  These decisions will not be subject to merits review given the limited allocation of funding that is available, however the Department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the external affairs power (section 51(xxix)) of the Constitution.

 

New item 145 establishes legislative authority for the Government to fund the Prime Minister's Prizes for Science to inspire engagement with STEM in society and participation in further study. 

 

Funding of $15.2 million over four years from 2016-17 will, in part, support the Prime Minister's Prizes for Science, which are Australia's most prestigious and highly regarded awards for excellence in scientific research, innovation and science teaching.  Under the National Innovation and Science Agenda, this program will be expanded to recognise the efforts of youth and early career research excellence in STEM.  Nominations for the prizes are assessed by the Science Prizes and Science Teaching Prizes committees.  More information is available on www.science.gov.au.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Guidelines and funding agreements are being developed, with delegations to be prescribed within, and will be in accordance with the PGPA Act and the CGRGs.  Selection criteria for these measures will be made publicly available on the NISA website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of the funding.  Where funds are allocated using a competitive selection process, such decisions are not considered suitable for merits review given the limited allocation of funding available.  However, the department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.

 

Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the social welfare power (section 51(xxiiiA)); and

*         the external affairs power (section 51(xxix)). 

 

New item 146 establishes legislative authority for government funding to support the participation of Australian students in the Science and Mathematics Olympiads to inspire engagement with STEM in society and participation in further study. 

 

Funding of $15.2 million over four years from 2016-17 will, in part, support the Olympiads program.  Targeted funding will be awarded to the national organisers in Australia through appropriate funding agreements.  More information will be available at www.innovation.gov.au and www.science.gov.au as it becomes available.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Guidelines and funding agreements are being developed, with delegations to be prescribed within, and will be in accordance with the PGPA Act and the CGRGs.  Guidelines will be made publicly available on the National Innovation and Science Agenda website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of the funding.  However, the department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.


Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the social welfare power (section 51(xxiiiA)); and

*         the external affairs power (section 51(xxix)). 

 

New item 147 establishes legislative authority for government funding of the Asian Physics Olympiad to inspire engagement with STEM in society and participation in further study. 

 

Funding of $15.2 million over four years from 2016-17 will, in part, support targeted funding to the national organiser, through an appropriate funding agreement, to support Australia's hosting of the 2019 Asian Physics Olympiad and Australian student participation in this event.  More information will be available at www.innovation.gov.au and www.science.gov.au as it becomes available.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Guidelines and funding agreements are being developed with delegations to be prescribed within and will be in accordance with the PGPA Act and the CGRGs.  Guidelines will be made publicly available on the National Innovation and Science Agenda website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of the funding.  However, the department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.


Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the social welfare power (section 51(xxiiiA)); and

*         the external affairs power (section 51(xxix)). 

 

New item 148 establishes legislative authority for government funding of international science competitions to inspire engagement with STEM in society and participation in further study.  Ongoing funding will be provided for youth to participate in these science competitions. 

 

Funding of $15.2 million over four years from 2016-17 will, in part, support the participation of Australian students in international STEM competitions.  Funding will be awarded through competitive grants based on applications from students chosen to represent Australia in these competitions.  More information will be available at www.innovation.gov.au and www.science.gov.au as it becomes available.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Guidelines and funding agreements are being developed, with delegations to be prescribed within, and will be in accordance with the PGPA Act and the CGRGs.  Selection criteria for these measures will be made publicly available on the National Innovation and Science Agenda website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of the funding.  Where funds are allocated using a competitive selection process, such decisions are not considered suitable for merits review given the limited allocation of funding available.  However, the department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.


Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the social welfare power (section 51(xxiiiA)); and

*         the external affairs power (section 51(xxix)). 

 


 

New item 149 establishes legislative authority for government funding to support community engagement in STEM. 

 

Funding of $15.2 million over four years from 2016-17 will, in part, support:

*         an annual National Youth Science Forum to deliver programs to students to encourage their participation in STEM subjects;

*         STEM events for students in primary school and secondary school; and

*         scholarships that enable students to attend STEM events.

 

Funding will be provided through both targeted funding to relevant organisations and competitive grants.  More information will be available on www.innovation.gov.au and www.science.gov.au as it becomes available.  Information on this initiative is set out in the Mid-Year Economic and Fiscal Outlook 2015-16, Appendix A: Policy decisions taken since the 2015-16 Budget at pages 196 to 197, under the measure 'National Innovation and Science Agenda - inspiring all Australians in STEM'.

 

The decision-maker for grants made under this initiative is to be determined in consultation with stakeholders.  Guidelines and funding agreements are being developed, with delegations to be prescribed within, and will be in accordance with the PGPA Act and the CGRGs.  Selection criteria for these measures will be made publicly available on the National Innovation and Science Agenda website (www.innovation.gov.au) and the Government's Science website (www.science.gov.au).

 

Merits review is not applicable in respect of decisions made in relation to targeted funding, given the non-competitive nature of the funding.  Where funds are allocated using a competitive selection process, such decisions are not considered suitable for merits review given the limited allocation of funding available.  However, the department has established processes for dealing with complaints and these will be followed in instances where applicants for funding are dissatisfied with the outcomes of funding rounds.

 

Funding for this initiative will come under Sub-program 1.1: Science awareness, infrastructure and international engagement, which is part of Program 1: Supporting Science and Commercialisation.  Program 1 comes under Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation.  Funding details are set out in the Portfolio Additional Estimates Statements 2015-16, Industry, Innovation and Science Portfolio at page 26.


Noting that it is not a comprehensive statement of relevant constitutional considerations, the objective of the item references the following powers of the Constitution:

*         the social welfare power (section 51(xxiiiA)); and

*         the external affairs power (section 51(xxix)). 

 

 

 

 


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Financial Framework (Supplementary Powers) Amendment (Industry, Innovation and Science Measures No. 1) Regulation 2016

 

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 32B of the Financial Framework (Supplementary Powers) Act 1997 (the FF(SP) Act) authorises the Commonwealth to make, vary and administer arrangements and grants specified in the Financial Framework (Supplementary Powers) Regulations 1997 (the FF(SP) Regulations) and to make, vary and administer arrangements and grants for the purposes of programs specified in the Regulations.  Schedule 1AA and Schedule 1AB to the FF(SP) Regulations specify the arrangements, grants and programs. 

 

The FF(SP) Act applies to Ministers and the accountable authorities of non-corporate Commonwealth entities, as defined under section 12 of the Public Governance, Performance and Accountability Act 2013

 

Schedule 1 to the Regulation amends the Principal Regulations to establish legislative authority in Schedule 1AB for spending by the Government on initiatives under the National Innovation and Science Agenda, which was announced by the Prime Minister, the Hon Malcolm Turnbull MP, and the Minister for Industry, Innovation and Science, the Hon Christopher Pyne MP, on 7 December 2015.  The initiatives will be administered by the Department of Industry, Innovation and Science, with an aspect of the Global Innovation Strategy to be administered by the Australian Trade Commission.  Funding details were included in the Mid-Year Economic and Fiscal Outlook 2015-16, released on 15 December 2015. 

 

Funding will be provided for:

*         quantum computing research to support the development of silicon quantum computing technology in Australia;

*         the Global Innovation Strategy to support collaborations between Australian business, researchers and international clusters; 

*         expanding opportunities for women in science, technology, engineering and mathematics (STEM) and entrepreneurship to attract and retain girls and women in STEM studies;

*         the Prime Minister's Prizes for Science to recognise excellence in STEM in young Australians and early career research;

*         the Science and Mathematics Olympiads to support Australian students' participation in the Olympiads program;

*         the Asian Physics Olympiad to support Australia's hosting of the 2019 Asian Physics Olympiad and Australian student participation in this event;

*         international science competitions to support the participation of Australian students in international STEM competitions; and

*         STEM community engagement to support an annual National Youth Science Forum to deliver programs to encourage students' participation in STEM subjects, STEM events for students in primary school and secondary school, and provide scholarships that enable students to attend STEM events.

 

The Minister for Industry, Innovation and Science has portfolio responsibility for these programs.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

 


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