Australian Research Council Amendment (Review Response) Bill 2023 - Commentary on Ministerial Responses [2024] AUSStaCSBSD 98 (15 May 2024)

• Australian Research Council Amendment (Review Response) Bill 2023137
• Tabling of documents in Parliament138
• Minister for Education’s response140
• Committee comment

---

Australian Research Council Amendment (Review Response) Bill 2023^[137]

Purpose	The bill amended the Australian Research Council Act 2001 to enhance the Australian Research Council’s role to better support Australia’s research landscape. The amendments in the bill were proposed in response to the Final report of the trusting Australia’s ability: Review of the Australian Research Council Act 2001.
Portfolio	Education
Introduced	House of Representatives on 29 November 2023
Bill status	Received the Royal Assent on 28 March 2024

Tabling of documents in Parliament^[138]

2.89 This entry relates to the amendments to the bill agreed to by the Senate on 21 March 2024 and in particular the Australian Greens amendment on sheet 2469, which inserted section 11A into the Australian Research Council Act 2001. Section 11A will require the minister to cause an independent review to be conducted of the functions, size and membership of the board. A report of this review must be given to the minister, but there is no requirement for that report to be tabled in the Parliament.

2.90 In Scrutiny Digest 5 of 2024, the committee requested the minister’s advice as to whether section 11A of the Australian Research Council Act 2001 could be amended at a future date to provide that the review be tabled in each House of the Parliament.^[139]

Minister for Education’s response^[140]

2.91 The minister advised that the recent amendments to the Act were the result of rigorous scrutiny and debate through both Houses of Parliament and as such, the minister is disinclined to facilitate this further amendment to the Act.

Committee comment

2.92 The committee thanks the minister for this response.

2.93 While noting the minister’s advice that the amendments were the result of negotiations and debate in the Parliament, the committee reiterates its long standing scrutiny position that failure to provide for the tabling of reports of statutory reviews reduces the scope for parliamentary scrutiny.

2.94 Noting that the bill has passed both Houses of Parliament the committee makes no further comment on this matter.

---

^[137] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Australian Research Council Amendment (Review Response) Bill 2023, Scrutiny Digest 6 of 2024; [2024] AUSStaCSBSD 98.

^[138] Section 11A of the Australian Research Council Act 2001. The committee draws senators’ attention to this provision pursuant to Senate standing order 24(1)(a)(v).

^[139] Senate Scrutiny of Bills Committee, Scrutiny Digest 5 of 2024 (27 March 2024) pp. 21–22.

^[140] The minister responded to the committee’s comments in a letter dated 11 April 2024. A copy of the letter is available on the committee’s webpage (see correspondence relating to Scrutiny Digest 6 of 2024).