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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Research Council
Amendment (Review Response) Bill 2023
No. , 2023
(Education)
A Bill for an Act to amend the
Australian Research
Council Act 2001
, and for related purposes
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Object of Act
3
Australian Research Council Act 2001
3
Schedule 2
--
Australian Research Council Board and CEO
5
Australian Research Council Act 2001
5
Schedule 3
--
Funding of research
20
Australian Research Council Act 2001
20
Schedule 4
--
Reporting
40
Australian Research Council Act 2001
40
Schedule 5
--
Transitional rules
41
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
1
A Bill for an Act to amend the
Australian Research
1
Council Act 2001
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Research Council Amendment (Review
5
Response) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2024.
1 July 2024
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Object of Act
Schedule 1
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
3
Schedule
1--Object of Act
1
2
Australian Research Council Act 2001
3
1 Section 3
4
Repeal the section, substitute:
5
3 Object of Act
6
The object of this Act is to establish a national body to:
7
(a) support Australian universities in conducting excellent
8
research, including collaborative research with local, national
9
and international partners, for Australia's economic, social,
10
environmental and cultural benefit; and
11
(b) promote and conduct activities to shape and foster the
12
Australian research landscape and community, including by
13
supporting academic career pathways, expanding Indigenous
14
knowledge systems and evaluating the excellence, impact
15
and depth of Australian research; and
16
(c) support research integrity, promote ethical research and
17
facilitate access to research publications and research data;
18
and
19
(d) uphold peer review as a core process to identify excellent
20
research; and
21
(e) administer funding of excellent pure basic research, strategic
22
basic research and applied research in all disciplines under
23
the National Competitive Grants Program, except
24
experimental development; and
25
(f) administer funding for nationally significant research
26
programs; and
27
(g) provide expert advice on research to the Commonwealth
28
Government; and
29
(h) partner with other Commonwealth entities to deliver research
30
grants by those other entities.
31
Note:
Research
does not include medical research (see section 4). The
32
National Health and Medical Research Council Act 1992
deals with
33
funding for medical research.
34
Schedule 1
Object of Act
4
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
2 Section 4
1
Insert:
2
medical research
has the same meaning as it has in the
National
3
Health and Medical Research Council Act 1992
.
4
research
does not include medical research.
5
Australian Research Council Board and CEO
Schedule 2
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
5
Schedule
2--Australian Research Council
1
Board and CEO
2
3
Australian Research Council Act 2001
4
1 Section 4
5
Insert:
6
Board
means the Australian Research Council Board established
7
by section 8.
8
Board committee
means a committee established under section 29.
9
Board member
means a member of the Board and includes the
10
Chair and Deputy Chair.
11
Chair
means the Chair of the Board.
12
Commonwealth entity
has the same meaning as in the
Public
13
Governance, Performance and Accountability Act 2013
.
14
Deputy Chair
means the Deputy Chair of the Board.
15
2 Section 4 (definition of
designated committee
)
16
Repeal the definition, substitute:
17
designated committee
means a committee established under
18
section 30.
19
3 Section 4
20
Insert:
21
Indigenous person
has the same meaning as in the
Indigenous
22
Education (Targeted Assistance) Act 2000
.
23
paid work
means work for financial gain or reward (whether as an
24
employee, a self-employed person or otherwise).
25
4 Before paragraph 5(2)(a)
26
Insert:
27
Schedule 2
Australian Research Council Board and CEO
6
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
(aa) the Board; and
1
5 Paragraph 5(3)(b)
2
Repeal the paragraph, substitute:
3
(b) the members of the Board are the accountable authority of
4
the ARC; and
5
6 After subparagraph 5(3)(c)(i)
6
Insert:
7
(ia) the members of the Board;
8
(ib) the members of the Board committees;
9
7 Subparagraph 5(3)(d)(i)
10
Omit "function", substitute "functions"
.
11
8 After subparagraph 5(3)(d)(i)
12
Insert:
13
(ia) the functions of the Board referred to in section 9; and
14
9 Section 6
15
Repeal the section, substitute:
16
6 Functions of ARC
17
The functions of the ARC (other than the Board and the CEO) are
18
the following:
19
(a) to assist the Board in the performance of the
Board's
20
functions;
21
(b)
to assist the CEO in the performance of the CEO's functions
.
22
10 After Part 2
23
Insert:
24
Australian Research Council Board and CEO
Schedule 2
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
7
Part
3--The Australian Research Council Board
1
Division
1--Introduction
2
7 Simplified outline of this Part
3
The Australian Research Council Board is established.
4
The Board
's functions include determining priorities, strategies and
5
policies for the ARC.
6
The Board consists of the Chair, the Deputy Chair and up to 5
7
other members. The Minister appoints the members of the Board.
8
This Part also deals with the terms and conditions of appointment
9
for Board members, meetings of the Board and Board committees.
10
Division
2--The Board
11
8 Establishment
12
The Australian Research Council Board is established by this
13
section.
14
9 Functions and powers of the Board
15
(1) The functions of the Board are:
16
(a) to determine priorities, strategies and policies for the ARC
17
and to advise the Minister of those priorities, strategies and
18
policies; and
19
(b)
to assist the Minister in the performance of the Minister's
20
functions under this Act; and
21
(c) to provide advice to the Minister on research matters; and
22
(d) any other functions that are specified in an instrument under
23
subsection (2); and
24
(e) any other functions conferred on the Board by this Act.
25
(2) The Minister may, by legislative instrument, specify functions for
26
the purposes of paragraph (1)(d).
27
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Australian Research Council Amendment (Review Response) Bill 2023
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(3) The Board has power to do all things necessary or convenient to be
1
done for, or in connection with, the performance of its functions.
2
(4) The Board may engage consultants or contractors to assist in the
3
performance of the Board's functions
.
4
10 Minister may give directions to the Board
5
(1) The Minister may, by legislative instrument, give directions to the
6
Board about the performance of its functions or the exercise of its
7
powers.
8
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
9
Legislation Act 2003
do not apply to the directions (see regulations
10
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
11
Act).
12
(2) However, the Minister must not give a direction in relation to the
13
making of a decision by the Board about whether or not to give a
14
particular funding approval.
15
(3) The Board must comply with a direction under subsection (1).
16
11 Membership
17
The Board consists of the following members:
18
(a) the Chair;
19
(b) the Deputy Chair;
20
(c) not fewer than 3, and not more than 5, other members.
21
Division
3--Board members
22
12 Appointment
23
(1) The Board members are to be appointed by the Minister by written
24
instrument.
25
Note:
Board members may be reappointed: see section 33AA of the
Acts
26
Interpretation Act 1901
.
27
(2) A Board member holds office on a part-time basis.
28
(3) A person is not eligible for appointment as the Chair unless the
29
Minister is satisfied that the person has:
30
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Australian Research Council Amendment (Review Response) Bill 2023
9
(a) substantial experience or expertise; and
1
(b) professional credibility and significant standing;
2
in one or more fields of research or in the management of research.
3
(4) In appointing Board members, the Minister must:
4
(a) ensure that a majority of the Board members are persons
5
whom the Minister is satisfied have substantial experience or
6
expertise in one or more fields of research or in the
7
management of research; and
8
(b) ensure that one of the Board members is an Indigenous
9
person; and
10
(c) ensure that one of the Board members is a person whom the
11
Minister is satisfied will represent regional, rural and remote
12
Australia; and
13
(d) have regard to the desirability of the membership of the
14
Board reflecting the diversity of the general community.
15
13 Term of appointment
16
A Board member holds office for the period specified in the
17
instrument of appointment. The period must not exceed 5 years.
18
Note:
Board members may be reappointed: see section 33AA of the
Acts
19
Interpretation Act 1901
.
20
14 Acting appointments
21
Acting by operation of law
22
(1) The Deputy Chair is to act as the Chair:
23
(a) during a vacancy in the office of Chair (whether or not an
24
appointment has previously been made to the office); or
25
(b) during any period, or during all periods, when the Chair:
26
(i) is absent from duty; or
27
(ii) is, for any reason, unable to perform the duties of the
28
office.
29
Acting appointments
30
(2) The Minister may, by written instrument, appoint a Board member
31
to act as the Deputy Chair:
32
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Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
(a) during a vacancy in the office of Deputy Chair (whether or
1
not an appointment has previously been made to the office);
2
or
3
(b) during any period, or during all periods, when the Deputy
4
Chair:
5
(i) is acting as the Chair; or
6
(ii) is absent from duty; or
7
(iii) is, for any reason, unable to perform the duties of the
8
office.
9
(3) The Minister may, by written instrument, appoint a person to act as
10
a Board member (other than the Chair or the Deputy Chair):
11
(a) during a vacancy in the office of a Board member (whether
12
or not an appointment has previously been made to the
13
office); or
14
(b) during any period, or during all periods, when a Board
15
member:
16
(i) is acting as the Deputy Chair; or
17
(ii) is absent from duty; or
18
(iii) is, for any reason, unable to perform the duties of the
19
office.
20
(4) A person must not be appointed under subsection (2) or (3) to act
21
as the Deputy Chair, or as another Board member, unless the
22
Minister is satisfied that the person has appropriate qualifications,
23
knowledge, skills or experience.
24
Note:
For rules that apply to acting appointments, see sections 33AB and
25
33A of the
Acts Interpretation Act 1901
.
26
15 Remuneration
27
(1) A Board member is to be paid the remuneration that is determined
28
by the Remuneration Tribunal. If no determination of that
29
remuneration by the Tribunal is in operation, the member is to be
30
paid the remuneration that is prescribed by the regulations.
31
(2) A Board member is to be paid the allowances that are prescribed
32
by the regulations.
33
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(3) This section has effect subject to the
Remuneration Tribunal Act
1
1973
.
2
16 Leave
3
(1) The Minister may grant the Chair leave of absence on the terms
4
and conditions that the Minister determines.
5
(2) The Chair may grant leave of absence to any other Board member
6
on the terms and conditions that the Chair determines.
7
(3) The Chair must notify the Minister if the Chair grants a Board
8
member leave of absence for a period that exceeds 6 months.
9
17 Paid work
10
A Board member must not engage in any paid work that, in the
11
Minister's opinion, conflicts or could conflict with the proper
12
performance of the member's duties
.
13
18 Disclosure of interests
14
(1) A disclosure by a Board Member under section 29 of the
Public
15
Governance, Performance and Accountability Act 2013
(which
16
deals with the duty to disclose interests) must be made to the
17
Minister.
18
(2) Subsection (1) applies in addition to any rules made for the
19
purposes of that section.
20
(3) For the purposes of this Act and the
Public Governance,
21
Performance and Accountability Act 2013
, the Board member is
22
taken not to have complied with section 29 of that Act if the Board
23
member does not comply with subsection (1) of this section.
24
19 Resignation of appointment
25
(1)
A Board member may resign the member's appointment by giving
26
the Minister a written resignation.
27
(2) The resignation takes effect on the day it is received by the
28
Minister or, if a later day is specified in the resignation, on that
29
later day.
30
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20 Termination of appointment
1
(1) The Minister may terminate the appointment of a Board member:
2
(a) for misbehaviour; or
3
(b) if the member is unable to perform the duties of the
4
member's office because of physical or men
tal incapacity.
5
(2) The Minister may terminate the appointment of a Board member if:
6
(a) the member:
7
(i) becomes bankrupt; or
8
(ii) applies to take the benefit of any law for the relief of
9
bankrupt or insolvent debtors; or
10
(iii) compounds with the memb
er's creditors; or
11
(iv)
makes an assignment of the member's remuneration for
12
the benefit of the member's creditors; or
13
(b) the member is absent, except on leave of absence, from 3
14
consecutive meetings of the Board; or
15
(c) the member engages in paid work
that, in the Minister's
16
opinion, conflicts or could conflict with the proper
17
performance of the member's duties (see
section 17); or
18
(d) the member fails, without reasonable excuse, to comply with
19
section 29 of the
Public Governance, Performance and
20
Accountability Act 2013
(which deals with the duty to
21
disclose interests) or rules made for the purposes of that
22
section.
23
21 Other terms and conditions
24
A Board member holds office on the terms and conditions (if any)
25
in relation to matters not covered by this Act that are determined
26
by the Minister.
27
Division
4--Procedures of the Board
28
22 Convening meetings
29
(1) The Board must hold such meetings as are necessary for the
30
efficient performance of its functions.
31
(2) The Chair:
32
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(a) may convene a meeting at any time; and
1
(b) must convene a meeting within 30 days after receiving a
2
written request to do so from:
3
(i) a majority of the Board members; or
4
(ii) the Minister.
5
23 Quorum
6
(1) At a meeting of the Board, a quorum is constituted by a majority of
7
Board members.
8
(2) However, if:
9
(a) a Board member is required by rules made for the purposes
10
of section 29 of the
Public Governance, Performance and
11
Accountability Act 2013
not to be present during the
12
deliberations, or to take part in any decision, of the Board
13
with respect to a particular matter; and
14
(b) when the Board member leaves the meeting concerned there
15
is no longer a quorum present;
16
the remaining Board members constitute a quorum for the purposes
17
of any deliberation or decision at that meeting with respect to that
18
matter.
19
24 Presiding at meetings
20
(1) The Chair must preside at all meetings of the Board at which the
21
Chair is present.
22
(2) If the Chair is not present at a meeting of the Board, the Deputy
23
Chair, if present, must preside at the meeting.
24
(3) If neither the Chair nor the Deputy Chair is present at a meeting of
25
the Board, the other Board members present must appoint one of
26
themselves to preside.
27
25 Voting at meetings
28
(1) A question arising at a meeting of the Board is to be determined by
29
a majority of the votes of the Board members present and voting.
30
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Australian Research Council Amendment (Review Response) Bill 2023
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(2) The person presiding at the meeting of the Board has a deliberative
1
vote and, if the votes are equal, a casting vote.
2
26 Minutes
3
The Board must keep minutes of its meetings.
4
27 Conduct of meetings
5
The Board may, subject to this Division, regulate proceedings at its
6
meetings as it considers appropriate.
7
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
8
information about the ways in which Board members may participate
9
in meetings.
10
28 Decisions without meetings
11
(1) The Board is taken to have made a decision at a meeting if:
12
(a) without meeting, a majority of the Board members entitled to
13
vote on the proposed decision indicate agreement with the
14
decision; and
15
(b) that agreement is indicated in accordance with the method
16
determined by the Board under subsection (2); and
17
(c) all the Board members were informed of the proposed
18
decision, or reasonable efforts were made to inform all the
19
Board members of the proposed decision.
20
(2) Subsection (1) applies only if the Board:
21
(a) has determined that it may make decisions of that kind
22
without meeting; and
23
(b) has determined the method by which Board members are to
24
indicate agreement with proposed decisions.
25
(3) For the purposes of paragraph (1)(a), a Board member is not
26
entitled to vote on a proposed decision if the Board member would
27
not have been entitled to vote on that proposal if the matter had
28
been considered at a meeting of the Board.
29
(4) The Board must keep a record of decisions made in accordance
30
with this section.
31
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Division
5--Board committees
1
29 Board committees
2
(1) The Board must establish a committee to be known as the College
3
of Experts to assist the Board in the performance of its functions or
4
the exercise of its powers.
5
(2) The Board may establish other committees:
6
(a) to assist the Board in the performance of its functions or the
7
exercise of its powers; and
8
(b) to assist the
CEO in the CEO's performance of the CEO's
9
functions.
10
(3) A committee is to consist of such persons (whether Board members
11
or not) as the Board determines.
12
(4) The Board may determine:
13
(a) a
committee's terms of reference; and
14
(b) the terms and conditions of appointment of the members of a
15
committee; and
16
(c) the procedures to be followed by a committee.
17
(5) The Board may abolish a committee established under
18
subsection (2) at any time.
19
11 Section 30 (heading)
20
Repeal the heading, substitute:
21
30 Designated committees
22
12 Subsection 30(1)
23
Repeal the subsection, substitute:
24
(1) The Minister must establish a committee to be known as the ARC
25
Advisory Committee to assist the Board to determine priorities,
26
strategies and policies for the ARC.
27
(1A) The Minister may establish other committees to assist the Board to
28
determine priorities, strategies and policies for the ARC.
29
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No. , 2023
13 Section 33B (heading)
1
After "
Functions
", insert "
and powers
"
.
2
14 Section 33B
3
Before "The", insert "(1)"
.
4
15 Paragraph 33B(a)
5
Repeal the paragraph.
6
16 Paragraph 33B(c)
7
Omit "Minister", substitute "Board"
.
8
17 After paragraph 33B(c)
9
Insert:
10
(ca) to assist the Board in the performance of its functions and to
11
provide advice to the Board on the priorities, strategies and
12
policies for the ARC;
13
(cb) to evaluate the excellence, quality and impact of research in
14
Australian universities;
15
(cc) to provide administration services to other Commonwealth
16
entities in relation to research grants by those other entities;
17
(cd) any other functions that are specified in an instrument under
18
subsection (2);
19
18 At the end of section 33B
20
Add:
21
(2) The Minister may, by legislative instrument, specify functions for
22
the purposes of paragraph (1)(cd).
23
(3) The CEO has power to do all things necessary or convenient to be
24
done for, or in connection with, the performance of
the CEO's
25
functions.
26
(4) The CEO may, on behalf of the Commonwealth, engage
27
consultants or contractors to assist in the performance of the CEO
's
28
functions.
29
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19 Section 33C
1
Repeal the section.
2
20 Subsection 34(1)
3
Omit "Minister", substitute "Board"
.
4
21 Subsection 34(2)
5
Repeal the subsection, substitute:
6
(2) A person is not eligible for appointment as the CEO unless the
7
Board is satisfied that the person has:
8
(a) substantial experience or expertise; and
9
(b) professional credibility and significant standing;
10
in one or more fields of research or in the management of research.
11
(3) The Board must:
12
(a) give the Minister details of at least 2 possible candidates for
13
appointment as CEO; and
14
(b) give the Minister a reasonable opportunity to make
15
representations to the Board about those candidates.
16
(4) A person must not be appointed as the CEO unless the Board is
17
satisfied that the selection of the person for the appointment is the
18
result of a process that:
19
(a) was merit-based; and
20
(b) included public advertising of the position.
21
22 Section 35
22
Omit "Minister", substitute "Board"
.
23
23 Subsection 38(1)
24
Repeal the subsection, substitute:
25
(1) The CEO must not engage in paid work outside the duties of the
26
CEO's office without the Board's approval
.
27
24 Subsection 38(2)
28
Omit "Minister", substitute "Board"
.
29
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No. , 2023
25 Subsection 38(3)
1
Repeal the subsection.
2
26 Section 39
3
Omit "Minister", substitute "Board"
.
4
27 Section 40
5
Omit "Minister", substitute "Board"
.
6
28 At the end of Subdivision B of Division 1 of Part 5
7
Add:
8
40A Termination of appointment
9
(1) The Board may terminate the appointment of the CEO:
10
(a) for misbehaviour; or
11
(b) if the CEO is unable to perform the duties of the
CEO's
12
office because of physical or mental incapacity.
13
(2) The Board may terminate the appointment of the CEO if:
14
(a) the CEO:
15
(i) becomes bankrupt; or
16
(ii) applies to take the benefit of any law for the relief of
17
bankrupt or insolvent debtors; or
18
(iii) compounds with the
CEO's
creditors; or
19
(iv) makes an assignment of the
CEO's
remuneration for the
20
benefit of the
CEO's
creditors; or
21
(b) the CEO is absent, except on leave of absence, for 14
22
consecutive days or for 28 days in any 12 months; or
23
(c)
the CEO engages, except with the Board's approval, in paid
24
work outside the duties of the CEO's office (see
section 38);
25
or
26
(d) the CEO fails, without reasonable excuse, to comply with
27
section 39 (which deals with the duty to disclose interests); or
28
(e) the CEO fails, without reasonable excuse, to comply with
29
section 29 of the
Public Governance, Performance and
30
Accountability Act 2013
(which deals with the duty to
31
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disclose interests) or rules made for the purposes of that
1
section.
2
(3) The Board may terminate the appointment of the CEO if the Board
3
is satisfied that the performance of the CEO has been
4
unsatisfactory for a significant period of time.
5
(4) The Board must consult the Minister before terminating the
6
appointment of the CEO.
7
40B CEO to act in accordance with directions of Board
8
(1) The Board may give written directions to the CEO about the
9
performance of the CEO's
functions, which may include a
10
direction to provide advice to the Minister on the priorities,
11
strategies and policies for the ARC.
12
(2) The CEO must comply with a direction under subsection (1).
13
(3) Subsection (1) does not apply to the extent that the direction relates
14
to the CEO's performance of functions or exercise of powers under
15
the
Public Service Act 1999
in relation to the ARC.
16
(4) A direction under subsection (1) is not a legislative instrument.
17
29 Application provisions
--
CEO
18
(1)
The amendments of sections 34 and 39 of the
Australian Research
19
Council Act 2001
made by this Schedule apply in relation to the
20
appointment of a person as CEO on or after the commencement of this
21
item.
22
(2)
The amendments of sections 33B, 35, 38 and 40 of the
Australian
23
Research Council Act 2001
made by this Schedule, and sections 40A
24
and 40B of that Act as added by this Schedule, apply in relation to a
25
person appointed as CEO before, on or after the commencement of this
26
item.
27
30 Saving provision
--
directions
28
Paragraph 33C(3)(a) of the
Australian Research Council Act 2001
, as in
29
force immediately before the commencement of this item, continues to
30
apply on and after that commencement in relation to a direction given
31
before that commencement.
32
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Funding of research
20
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Schedule
3--Funding of research
1
2
Australian Research Council Act 2001
3
1 Section 4
4
Before "In", insert "(1)"
.
5
2 Section 4
6
Insert:
7
approved funding rules
means the rules approved by the Minister
8
under section 59 (including as varied under section 60).
9
designated research program
means the following research
10
programs:
11
(a) the research program known as the ARC Centres of
12
Excellence scheme;
13
(b) the research program known as the Industrial Transformation
14
Training Centres scheme;
15
(c) the research program known as the Industrial Transformation
16
Research Hubs scheme;
17
(d) any other research program specified in an instrument under
18
subsection (2).
19
foreign government body
has the same meaning as in Division 70
20
of the
Criminal Code
.
21
foreign intelligence agency
means an intelligence or security
22
service (however described) of a foreign country.
23
foreign law enforcement agency
means:
24
(a) a police force (however described) of a foreign country; or
25
(b) any other authority or person responsible for the enforcement
26
of the laws of the foreign country.
27
foreign military body
means:
28
(a) the armed forces of the government of a foreign country; or
29
(b) the civilian component of:
30
(i) the Department of State of a foreign country; or
31
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21
(ii) a government agency in a foreign country;
1
that is responsible for the defence of the country.
2
funding agreement
means an agreement under subsection 49(1)
3
(including as varied).
4
funding approval
means an approval under subsection 47(1) or
5
48(1) (including as varied).
6
3 At the end of section 4
7
Add:
8
(2) The Minister may, by legislative instrument, specify a research
9
program for the purposes of paragraph (d) of the definition of
10
designated research program
in subsection (1).
11
4 Paragraph 33B(b)
12
Omit "
the
regimes", substitute "grants"
.
13
5 Paragraph 33B(b)
14
O
mit "
Divisions 1
and 2", substitute "
Division 1
"
.
15
6 Division 1 of Part 7
16
Repeal the Division, substitute:
17
Division
1--Grants of financial assistance for research
18
programs
19
47 Board approval of grants of financial assistance for research
20
programs
21
Approval
22
(1) The Board may, in writing, approve the making of a grant of
23
financial assistance to an organisation for a research project in
24
relation to a research program.
25
(2) If the Board does so, the Board must specify in the approval the
26
total amount of financial assistance to be paid to the organisation in
27
relation to the approval.
28
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Funding of research
22
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Note:
The terms and conditions on which a grant of financial assistance is to
1
be made to an organisation are to be set out in a funding agreement:
2
see section 49.
3
(3) Subsection (1) does not apply in relation to a designated research
4
program.
5
Note:
Section 48 deals with designated research programs.
6
(4) The Board must not give an approval under subsection (1) unless:
7
(a) approved funding rules, to which the application for the
8
approval relates, are in force; and
9
(b) the eligibility criteria set out in those rules are satisfied in
10
relation to the application; and
11
(c) the application satisfies the requirements set out in those
12
rules; and
13
(d) the assessment process set out in those rules has been
14
complied with in relation to the application.
15
Variation of approval
16
(5) The Board may, in writing, vary an approval under subsection (1).
17
Board to give details of approval or variation to Minister
18
(6) If the Board gives or varies an approval under this section, the
19
Board must give the Minister:
20
(a) for an approval
--
the following details:
21
(i) the name of the organisation that is the subject of the
22
approval;
23
(ii) a description of the research program the subject of the
24
approval;
25
(iii) the total amount of financial assistance to be paid to the
26
organisation in relation to the approval; or
27
(b) for a variation
--
details of the variation.
28
Board to give copy of approval or variation to CEO
29
(7) If the Board gives or varies an approval under this section, the
30
Board must give the CEO a copy of the approval or variation.
31
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23
Limitation
--
security, defence or international relations of
1
Australia
2
(8) If the Minister considers that, for reasons relevant to the security,
3
defence or international relations of Australia, the Board should not
4
give an approval under subsection (1), the Minister must, by notice
5
in writing given to the Board, inform the Board to this effect.
6
(9) The Board must comply with the notice.
7
(10) A notice under subsection (8) is not a legislative instrument.
8
Tabling requirement
9
(11) The Minister must cause a statement setting out the following to be
10
tabled in each House of the Parliament within 15 sitting days of
11
that House after the day on which the Board gives the Minister
12
details of an approval under this section:
13
(a) the name of the organisation that is the subject of the
14
approval;
15
(b) a description of the research program the subject of the
16
approval;
17
(c) the total amount of financial assistance to be paid to the
18
organisation in relation to the approval.
19
48 Ministerial approval of grants of financial assistance for
20
designated research programs
21
Approval
22
(1) The Minister may, on behalf of the Commonwealth and in writing,
23
approve the making of a grant of financial assistance to an
24
organisation for a research project in relation to a designated
25
research program.
26
(2) If the Minister does so, the Minister must specify in the approval
27
the total amount of financial assistance to be paid to the
28
organisation in relation to the approval.
29
Note:
The terms and conditions on which a grant of financial assistance is to
30
be made to an organisation are to be set out in a funding agreement:
31
see section 49.
32
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24
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
(3) The Minister must not give an approval under subsection (1)
1
unless:
2
(a) approved funding rules, to which the application for the
3
approval relates, are in force; and
4
(b) the eligibility criteria set out in those rules are satisfied in
5
relation to the application; and
6
(c) the application satisfies the requirements set out in those
7
rules; and
8
(d) the assessment process set out in those rules has been
9
complied with in relation to the application.
10
Variation of approval
11
(4) The Minister may, on behalf of the Commonwealth and in writing,
12
vary an approval under subsection (1).
13
Minister to give copy of approval or variation to CEO
14
(5) If the Minister gives or varies an approval under this section, the
15
Minister must give the CEO a copy of the approval or variation.
16
Limitation
--
security, defence or international relations of
17
Australia
18
(6) The Minister must refuse to give an approval under subsection (1)
19
if the Minister considers that, for reasons relevant to the security,
20
defence or international relations of Australia, the approval should
21
be refused.
22
Notice to Board
23
(7) The Minister must give the Board written notice of a decision
24
under subsection (6).
25
Tabling requirement
26
(8) The Minister must cause a statement setting out the following to be
27
tabled in each House of the Parliament within 15 sitting days of
28
that House after the day on which the Minister gives an approval
29
under this section:
30
(a) the name of the organisation that is the subject of the
31
approval;
32
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25
(b) a description of the designated research program the subject
1
of the approval;
2
(c) the total amount of financial assistance to be paid to the
3
organisation in relation to the approval.
4
49 Funding agreements
5
(1) The terms and conditions on which a grant of financial assistance
6
is to be made to an organisation under this Division are to be set
7
out in a written agreement (the
funding agreement
) between the
8
organisation and the CEO.
9
(2) Without limiting subsection (1), the agreement must:
10
(a) specify the one or more periods to which the grant relates;
11
and
12
(b) specify the amount of financial assistance to be paid in each
13
of those periods; and
14
(c) specify the times at which each amount of financial
15
assistance is to be paid; and
16
(d) include a description of the research project concerned; and
17
(e) include the name and title of the person leading the research
18
project concerned; and
19
(f) include terms or conditions relating to the organisation giving
20
the CEO regular independent auditor statements relating to
21
the organisation's com
pliance with some or all of the terms
22
and conditions set out in the agreement.
23
CEO may enter into funding agreement
24
(3) The CEO may, on behalf of the Commonwealth, enter into a
25
funding agreement.
26
Notification to Board or Minister of breach of term or condition
27
(4) If the CEO is satisfied that the organisation that is a party to a
28
funding agreement has breached a term or condition of the
29
agreement, the CEO must:
30
(a) if the agreement relates to a funding approval given under
31
subsection 47(1)
--
give the Board:
32
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Funding of research
26
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
(i) a notice in writing to this effect, including specifying
1
the term or condition and the reasons for the CEO's
2
view; and
3
(ii) a copy of the agreement; and
4
(b) if the agreement relates to a funding approval given under
5
subsection 48(1)
--
give the Minister:
6
(i) a notice in writing to this effect, including specifying
7
the term or condition and the reasons for the CEO's
8
view; and
9
(ii) a copy of the agreement.
10
(5) Subsection (4) does not apply if the breach is of a minor nature.
11
50 Termination or variation of funding agreement or proposals
12
CEO may terminate or vary funding agreement
13
(1) If the CEO is satisfied that the organisation that is a party to a
14
funding agreement has breached a term or condition of the
15
agreement, the CEO may, on behalf of the Commonwealth:
16
(a) terminate the agreement; or
17
(b) vary the agreement.
18
(2) The CEO may vary the funding agreement in any other
19
circumstances.
20
(3) Subsections (1) and (2) do not limit the terms and conditions that
21
may be set out in a funding agreement.
22
Board may terminate or vary funding approval
23
(4) The Board may terminate or vary a funding approval given under
24
subsection 47(1) in relation to an organisation if:
25
(a) the CEO gives the Board a notice under subsection 49(4)
26
about a term or condition of the funding agreement that
27
relates to the funding approval; and
28
(b) the Board is satisfied that the organisation has breached the
29
term or condition.
30
Note:
The Board also has a general power to vary a funding approval: see
31
subsection 47(5).
32
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27
Minister may terminate or vary funding approval
1
(5) The Minister may terminate or vary a funding approval given
2
under subsection 48(1) in relation to an organisation if:
3
(a) the CEO gives the Minister a notice under subsection 49(4)
4
about a term or condition of the funding agreement that
5
relates to the funding approval; and
6
(b) the Minister is satisfied that the organisation has breached the
7
term or condition.
8
Note:
The Minister also has a general power to vary a funding approval: see
9
subsection 48(4).
10
Process for making decisions under this section
11
(6) Before making a decision under paragraph (1)(a) or subsection (4)
12
or (5), the CEO, Board or Minister (as the case requires) must give
13
the organisation notice in writing:
14
(a) stating the decision the CEO, Board or Minister is
15
considering making; and
16
(b) stating the reasons why the CEO, Board or Minister is
17
considering making the decision; and
18
(c) inviting the organisation to make written submissions to the
19
CEO, Board or Minister within 28 days concerning why the
20
decision should not be made.
21
(7) In deciding whether to make a decision under paragraph (1)(a) or
22
subsection (4) or (5), the CEO, Board or Minister (as the case
23
requires) must consider any submissions received from the
24
organisation within the 28-day period.
25
Notice of decision
26
(8) The CEO, Board or Minister (as the case requires) must give the
27
organisation notice in writing of a decision under subsection (1),
28
(2), (4) or (5) and of the reasons for the decision.
29
(9)
The CEO must give the Board notice in writing of the CEO's
30
termination of a funding agreement that relates to a funding
31
approval under subsection 47(1).
32
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28
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
(10) The CEO must give the Minister notice in writing of
the CEO's
1
termination of a funding agreement that relates to a funding
2
approval under subsection 48(1).
3
51 Cessation and repayment of financial assistance
--
breach of
4
terms of conditions of funding agreement
5
Cessation of financial assistance
6
(1) Financial assistance to an organisation under a funding agreement
7
is not payable at a time after a decision is made under
8
subsection 50(1), (4) or (5) to terminate the funding agreement or
9
the funding approval concerned.
10
Repayment of financial assistance
11
(2) If the CEO makes a decision under paragraph 50(1)(a) to terminate
12
a funding agreement covering an organisation, the CEO may give
13
the organisation a notice in writing:
14
(a) requiring the organisation to pay a specified amount to the
15
Commonwealth that is equal to the whole or a part of the
16
financial assistance already paid to the organisation under the
17
agreement; and
18
(b) specifying the period within which the organisation must pay
19
that specified amount, which must be a period of at least 28
20
days starting on the day on which the notice is given.
21
(3) If the Board or the Minister makes a decision under
22
subsection 50(4) or (5) to terminate a funding approval for an
23
organisation, the Board or Minister (as the case requires) may give
24
the organisation a notice in writing:
25
(a) requiring the organisation to pay a specified amount to the
26
Commonwealth that is equal to the whole or a part of the
27
financial assistance already paid to the organisation under the
28
funding agreement relating to the approval; and
29
(b) specifying the period within which the organisation must pay
30
that specified amount, which must be a period of at least 28
31
days starting on the day on which the notice is given.
32
(4) Without limiting the matters that the CEO, Board or Minister may
33
consider in deciding whether it is appropriate to give a notice under
34
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29
subsection (2) or (3), the CEO, Board or Minister may consider
1
any or all of the following matters:
2
(a) the nature of the breach of the term or condition;
3
(b) the impact of the breach on the research provided by the
4
organisation and on the organisation
's
research partners or
5
reputation;
6
(c)
the impact of the breach on Australia's reputation as a
7
provider of high quality research;
8
(d) the nature of any other breaches by the organisation of terms
9
or conditions of the funding agreement in the last 12 months.
10
Debt
11
(5) If an amount payable by the organisation under subsection (2) or
12
(3) remains unpaid at the end of the period specified in the notice
13
under that subsection, the amount:
14
(a) is a debt due to the Commonwealth; and
15
(b) may be recovered by the CEO, on behalf of the
16
Commonwealth, by action in a court of competent
17
jurisdiction.
18
Set-off
19
(6) The CEO may, on behalf of the Commonwealth, set off the whole
20
or a part of the amount payable to the Commonwealth under
21
subsection (2) or (3) against a later payment of financial assistance
22
to the organisation under this Division in relation to another
23
funding approval.
24
(7) The debt under subsection (5) is reduced by the amount of the
25
set-off.
26
52 Cessation and repayment of financial assistance
--
security,
27
defence or international relations of Australia
28
(1) The Minister may, on behalf of the Commonwealth, terminate a
29
funding approval in relation to an organisation if the Minister
30
considers that, for reasons relevant to the security, defence or
31
international relations of Australia, the approval should be
32
terminated.
33
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Funding of research
30
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Note:
The funding approval may have been given by the Board or the
1
Minister.
2
No further payments of financial assistance
3
(2) If the Minister does so, no further payment of financial assistance
4
to the organisation in relation to that funding approval is to be
5
made under this Division.
6
Notice to organisation
7
(3) The Minister:
8
(a) must give the organisation written notice of the decision
9
under subsection (1); and
10
(b) may in that notice:
11
(i) include a requirement for the organisation to pay a
12
specified amount to the Commonwealth that is equal to
13
the whole or a part of the financial assistance already
14
paid to the organisation under the funding agreement
15
relating to the approval; and
16
(ii) specify the period within which the organisation must
17
pay that specified amount, which must be a period of at
18
least 28 days starting on the day on which the notice is
19
given.
20
Notice to Board and CEO
21
(4) The Minister must give the Board and CEO a copy of the notice
22
given to the organisation under subsection (3).
23
Debt
24
(5) If an amount payable by the organisation under subsection (3)
25
remains unpaid at the end of the period specified in the notice
26
under that subsection, the amount:
27
(a) is a debt due to the Commonwealth; and
28
(b) may be recovered by the CEO, on behalf of the
29
Commonwealth, by action in a court of competent
30
jurisdiction.
31
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31
Set-off
1
(6) The CEO may, on behalf of the Commonwealth, set off the whole
2
or a part of the amount payable to the Commonwealth under
3
subsection (3) against a later payment of financial assistance to the
4
organisation under this Division in relation to another funding
5
approval.
6
(7) The debt under subsection (5) is reduced by the amount of the
7
set-off.
8
Compensation for acquisition of property
9
(8) If the operation of this section would result in an acquisition of
10
property (within the meaning of paragraph 51(xxxi) of the
11
Constitution) from a person otherwise than on just terms (within
12
the meaning of that paragraph), the Commonwealth is liable to pay
13
a reasonable amount of compensation to the person.
14
(9) If the Commonwealth and the person do not agree on the amount
15
of the compensation, the person may institute proceedings in the
16
Federal Court of Australia for the recovery from the
17
Commonwealth of such reasonable amount of compensation as the
18
Court determines.
19
53 Cessation of financial assistance
--
other circumstances
20
Financial assistance to an organisation under a funding agreement
21
is not payable at a time after any of the following happen:
22
(a)
the organisation's involvement with the research pro
ject
23
concerned ends;
24
(b) the research project concerned changes so that it is no longer
25
consistent with the description in the agreement;
26
(c) the person named in the agreement as the person leading the
27
research project ceases to lead the project.
28
54 Overpayments of financial assistance
29
Set-off
30
(1) The CEO may, on behalf of the Commonwealth, set off the whole
31
or a part of an overpayment of an amount of financial assistance to
32
Schedule 3
Funding of research
32
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
an organisation under this Division against another payment of
1
financial assistance to the organisation under this Division.
2
Notice requiring organisation to pay amount to Commonwealth
3
(2) If the CEO is not able to do so, the CEO may give the organisation
4
a written notice:
5
(a) specifying the amount the Commonwealth is not able to set
6
off; and
7
(b) requiring the organisation to pay to the Commonwealth the
8
amount specified in the notice; and
9
(c) specifying the period within which the organisation must pay
10
the amount specified in the notice, which must be a period of
11
at least 28 days starting on the day on which the notice is
12
given.
13
Debt
14
(3) If the organisation is required by a notice under subsection (2) to
15
pay an amount to the Commonwealth and an amount payable by
16
the organisation remains unpaid at the end of the period specified
17
in the notice, the amount unpaid:
18
(a) is a debt due to the Commonwealth; and
19
(b) may be recovered by the CEO, on behalf of the
20
Commonwealth, by action in a court of competent
21
jurisdiction.
22
55 Reasons relevant to the security, defence or international
23
relations of Australia
24
(1) The Minister must, in deciding whether there are reasons relevant
25
to the security, defence or international relations of Australia for
26
the making of a decision under subsection 47(8), 48(6) or 52(1),
27
have regard to the following:
28
(a) the nature and extent of the organisat
ion's research activities
29
(if any) that are being, or have been, carried out and the
30
financial support (if any) the organisation has received for
31
those activities from a foreign government body;
32
(b) whether the organisation or a person involved in the research
33
project concerned has, or has had, an association with a
34
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33
tertiary education institution (however described) located
1
outside Australia and, if so, the nature of that association;
2
(c) whether the organisation or a person involved in the research
3
project concerned has, or has had, an association with a
4
foreign government body, foreign law enforcement agency,
5
foreign military body or foreign intelligence agency and, if
6
so, the nature of that association;
7
(d) whether the organisation or a person involved in the research
8
project concerned has, or has had, an association with a
9
foreign country upon which the Security Council of the
10
United Nations or Australia has imposed a sanction and, if
11
so, the nature of that association;
12
(e) whether the organisation or a person involved in the research
13
project concerned has, or has had, an association with a
14
person or entity proscribed by an instrument under the
15
Autonomous Sanctions Act 2011
and, if so, the nature of that
16
association;
17
(f) whether the organisation or a person involved in the research
18
project concerned has, or has had, an association with a
19
proscribed person or entity within the meaning of Part 4 of
20
the
Charter of the United Nations Act 1945
and, if so, the
21
nature of that association.
22
(2) The Minister may have regard to any other matters that the
23
Minister considers appropriate.
24
56
Minister's obligations in relation to decisions
relevant to the
25
security, defence or international relations of Australia
26
Notice to Parliamentary Joint Committee on Intelligence and
27
Security
28
(1) The Minister must:
29
(a) give the Parliamentary Joint Committee on Intelligence and
30
Security a written statement of any decision under
31
subsection 47(8), 48(6) or 52(1); and
32
(b) do so as soon as practicable after the decision is made.
33
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Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Tabling requirement
1
(2) The Minister must cause a statement specifying the following to be
2
tabled in each House of the Parliament within 15 sitting days of
3
that House after the day on which the Minister makes a decision
4
under subsection 47(8), 48(6) or 52(1):
5
(a) the day on which the Minister made the decision and the
6
subsection under which the decision was made;
7
(b) a description of the research program to which the decision
8
relates.
9
57 Relationship with other laws
10
To avoid doubt, the power of the Board or Minister to approve the
11
making of a grant of financial assistance to an organisation under
12
this Division must be disregarded for the purpose of
13
paragraph 32B(1)(a) of the
Financial Framework (Supplementary
14
Powers) Act 1997
.
15
Note:
The effect of this section is to make clear that this Division does not
16
effectively
limit the operation of section 32B of the
Financial
17
Framework (Supplementary Powers) Act 1997
. The Commonwealth
18
has the power to make, vary or administer an arrangement or grant
19
under that section whether the Board or Minister also has the power to
20
approve the making of a grant of financial assistance to an
21
organisation under this Division.
22
58 Board to prepare rules
23
(1) The Board must:
24
(a) prepare written rules dealing with the following:
25
(i) the eligibility criteria to be met in order for the Board or
26
the Minister to approve the making of grants of
27
financial assistance to organisations under this Division;
28
(ii) the making of applications by organisations for such an
29
approval;
30
(iii) the assessment process for deciding which applications
31
will receive such an approval;
32
(iv) any other matters that the Board considers appropriate;
33
and
34
(b) give the rules to the Minister for approval under section 59.
35
Funding of research
Schedule 3
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
35
(2) Without limiting subparagraph (1)(a)(i), the eligibility criteria may
1
relate to the kinds of organisation that may receive financial
2
assistance and the kinds of research projects in respect of which
3
financial assistance may be approved.
4
59 Ministerial approval of rules
5
(1) After receiving rules under section 58, or revised rules under this
6
section, from the Board, the Minister must, in writing:
7
(a) approve the rules; or
8
(b) request the Board to give the Minister revised rules to take
9
account of specified concerns of the Minister.
10
(2) If the Minister makes such a request, the Board must comply with
11
the request as soon as reasonably practicable.
12
Approved rules are legislative instruments
13
(3) Rules (including revised rules) prepared by the Board and
14
approved by the Minister are a legislative instrument made by the
15
Minister on the day on which the rules are approved.
16
60 Variation of funding rules
17
(1) The Board may prepare a proposed variation of the approved
18
funding rules and give the proposed variation to the Minister.
19
(2) After receiving a proposed variation (including a revised
20
variation), the Minister must, in writing:
21
(a) approve the variation; or
22
(b) request the Board to give the Minister a revised variation to
23
take account of specified concerns of the Minister.
24
(3) If the Minister makes such a request, the Board must comply with
25
the request as soon as reasonably practicable.
26
Approved variation is a legislative instrument
27
(4) A variation (including a revised variation) of the approved funding
28
rules prepared by the Board and approved by the Minister is a
29
legislative instrument made by the Minister on the day on which
30
the variation is approved.
31
Schedule 3
Funding of research
36
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
7 Section 63 (note)
1
Repeal the note, substitute:
2
Note:
An Appropriation Act may contain a provision to the effect that, if any
3
of the purposes of a special account is a purpose that is covered by an
4
item in the Appropriation Act (whether or not the item expressly
5
refers to the special account), then amounts may be debited against the
6
appropriation for that item and credited to that special account.
7
8 Sections 64 and 65
8
Repeal the sections, substitute:
9
64 Purpose of Account
10
The purpose of the Account is paying financial assistance under
11
Division 1.
12
9 Subsection 66(1)
13
Repeal the subsection, substitute:
14
Minister
15
(1)
The Minister may, in writing, delegate all or any of the Minister's
16
powers or functions under Division 1 of Part 7, except those under
17
provisions covered by subsection (1A), to:
18
(a) the CEO; or
19
(b) a member of the staff referred to in section 41 who is an SES
20
employee or an acting SES employee.
21
(1A) The provisions are subsections 47(8) and (11), 48(1), (2), (4), (6)
22
and (8), 50(5), 51(3) and 52(1) and (3) and sections 56, 59 and 60.
23
Board
24
(1B) The Board may, in writing, delegate all o
r any of the Board's
25
powers or functions under Division 1 of Part 7, except those under
26
provisions covered by subsection (1C), to:
27
(a) a Board member; or
28
(b) the CEO; or
29
(c) a member of the staff referred to in section 41 who is an SES
30
employee or an acting SES employee.
31
Funding of research
Schedule 3
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
37
(1C) The provisions are subsections 47(1), (2) and (5), 50(4) and 51(3).
1
10 Before subsection 66(2)
2
Insert:
3
CEO
4
11 Subsection 66(2)
5
Omit "(including powers or functions delegated to the CEO by the
6
Minister)", substitute "under this Act"
.
7
12 Before subsection 66(3)
8
Insert:
9
Directions
10
13 Subsection 66(3)
11
After "A delegate must", insert "perform a function or"
.
12
14 Subsection 66(3)
13
Omit "Minister or the CEO" (wherever occurring), substitute "Minister,
14
Board or CEO"
.
15
15 Transitional provisions
--
existing funding approvals
16
(1)
Subject to this item, Division 1 of Part 7 of the
Australian Research
17
Council Act 2001
(including the approved funding rules under that
18
Division), as in force immediately before the commencement of this
19
item, continues to apply on and after that commencement in relation to
20
a funding approval (within the meaning of that Part) in force
21
immediately before that commencement.
22
(2)
If that funding approval (the
old approval
) is in force immediately
23
before 1 July 2025:
24
(a) subject to subitem (3), that Division (including the approved
25
funding rules under that Division) ceases to apply in relation
26
to the old approval on and after that day; and
27
(b) Division 1 of Part 7 of the
Australian Research Council Act
28
2001
(the
new Division
), as substituted by this Schedule
29
Schedule 3
Funding of research
38
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
applies in relation to the old approval on and after that day as
1
if it were:
2
(i) if the old approval was in relation to a designated
3
research program within the meaning of that Act as
4
amended by this Schedule
--
a funding approval (the
5
new approval
) under subsection 48(1) of that Act as
6
amended by this Schedule; or
7
(ii) otherwise
--
a funding approval (the
new approval
)
8
under subsection 47(1) of that Act as amended by this
9
Schedule; and
10
(c) no financial assistance is to be paid in relation to the new
11
approval under the new Division unless a written agreement,
12
in relation to the new approval, is entered into under
13
subsection 49(1) of that Act as amended by this Schedule.
14
(3)
Paragraphs 58(1)(c) and (d) of the
Australian Research Council Act
15
2001
, as in force immediately before the commencement of this item,
16
continue to apply on and after that commencement in relation to
17
financial assistance paid before 1 July 2025 in relation to the old
18
approval.
19
16 Transitional provisions
--
pending funding proposals
20
(1)
Subject to this item if:
21
(a) before the commencement of this item, under the
Australian
22
Research Council Act 2001
an application for financial
23
assistance for a proposal for expenditure by an organisation
24
on a research program was made; and
25
(b) immediately before the commencement of this item, the
26
Minister had not made a decision under section 51 of that Act
27
whether or not to approve the proposal;
28
then Division 1 of Part 7 of that Act
(including the approved funding
29
rules under that Division), as in force immediately before the
30
commencement of this item, continues to apply on and after that
31
commencement in relation to that proposal and any funding approval of
32
that proposal by the Minister.
33
(2)
If, under that Division, there is a funding approval (the
old approval
) of
34
that proposal and the old approval is in force immediately before 1 July
35
2025:
36
Funding of research
Schedule 3
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
39
(a) subject to subitem (3), that Division
(including the approved
1
funding rules under that Division) ceases to apply in relation
2
to the old approval on and after that day; and
3
(b) Division 1 of Part 7 of the
Australian Research Council Act
4
2001
(the
new Division
), as substituted by this Schedule
5
applies in relation to the old approval on and after that day as
6
if it were:
7
(i) if the old approval was in relation to a designated
8
research program within the meaning of that Act as
9
amended by this Schedule
--
a funding approval (the
10
new approval
) under subsection 48(1) of that Act as
11
amended by this Schedule; or
12
(ii) otherwise
--
a funding approval (the
new approval
)
13
under subsection 47(1) of that Act as amended by this
14
Schedule; and
15
(c) no financial assistance is to be paid in relation to the new
16
approval under the new Division unless a written agreement,
17
in relation to the new approval, is entered into under
18
subsection 49(1) of that Act as amended by this Schedule.
19
(3)
Paragraphs 58(1)(c) and (d) of the
Australian Research Council Act
20
2001
, as in force immediately before the commencement of this item,
21
continue to apply on and after that commencement in relation to
22
financial assistance paid before 1 July 2025 in relation to the old
23
approval.
24
Schedule 4
Reporting
40
Australian Research Council Amendment (Review Response) Bill 2023
No. , 2023
Schedule
4--Reporting
1
2
Australian Research Council Act 2001
3
1 Part 6
4
Repeal the Part.
5
2 Before section 66
6
Insert:
7
65A Annual report
8
The annual report prepared by the members of the Board and given
9
to the Minister under section 46 of the
Public Governance,
10
Performance and Accountability Act 2013
for a period must also:
11
(a) include particulars of any directions given by the Minister
12
under section 10 in that period; and
13
(b) include particulars of any directions given by the Board
14
under section 40B in that period; and
15
(c) specify the number of decisions made by the Minister in that
16
period under each of subsections 47(8), 48(6) and 52(1); and
17
(d) deal with any other matters that the Minister, by notice in
18
writing to the Chair, requires to be dealt with in the report.
19
3 Application and saving provisions
--
annual report
20
(1)
Paragraph 33C(3)(b) of the
Australian Research Council Act 2001
, as in
21
force immediately before commencement of this item, continues to
22
apply on and after that commencement in relation to a reporting period
23
that began before that commencement.
24
(2)
Section 46 of the
Australian Research Council Act 2001
, as in force
25
immediately before the commencement of this item, continues to apply
26
on and after that commencement in relation to a reporting period that
27
began before that commencement.
28
(3)
Section 65A of the
Australian Research Council Act 2001
, as inserted
29
by this Schedule, applies in relation to a reporting period beginning on
30
or after the commencement of this item.
31
Transitional rules
Schedule 5
No. , 2023
Australian Research Council Amendment (Review Response) Bill 2023
41
Schedule
5--Transitional rules
1
2
1 Transitional rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters of a transitional nature (including prescribing any saving or
5
application provisions) relating to the amendments or repeals made by
6
this Act.
7
(2)
To avoid doubt, the rules may not do the following:
8
(a) create an offence or civil penalty;
9
(b) provide powers of:
10
(i) arrest or detention; or
11
(ii) entry, search or seizure;
12
(c) impose a tax;
13
(d) set an amount to be appropriated from the Consolidated
14
Revenue Fund under an appropriation in this Act;
15
(e) directly amend the text of this Act.
16
(3)
Schedules 2 to 4 do not limit the rules that may be made under this
17
item.
18