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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Research Council Bill 2000
No. ,
2000
(Education, Training and Youth
Affairs)
A Bill for an Act to establish an
Australian Research Council and to provide for the funding of research programs,
and for related purposes
ISBN: 0642
450838
Contents
A Bill for an Act to establish an Australian Research
Council and to provide for the funding of research programs, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Research Council Act
2000.
(1) Subject to subsection (2), this Act commences on a day to be
fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the
period of 6 months beginning on the day on which it receives the Royal Assent,
it commences on the first day after the end of that period.
The objects of this Act are:
(a) to establish a body:
(i) that will, at the request of the Minister, provide the Minister with
high quality advice about matters related to research; and
(ii) that will make high quality recommendations to the Minister in
relation to which research programs should receive financial assistance under
Division 1 of Part 7; and
(iii) that will administer the regimes of financial assistance provided
for in Divisions 1 and 2 of Part 7; and
(b) to provide for the funding of research programs.
In this Act, unless the contrary intention appears:
Account means the ARC Research Endowment Account established
by section 62.
appointed member means a member of the Board referred to in
paragraph 12(a) or (c).
ARC means the Australian Research Council established by
section 5.
Board means the Board of the ARC.
Board member means a member of the Board (including the
Chair).
CEO means the Chief Executive Officer of the
ARC.
Chair means the Chair of the Board.
research program means:
(a) a program of research; or
(b) a program that supports the conduct of a program of
research.
(1) The Australian Research Council is established by this
section.
(2) The ARC consists of:
(a) the Board (which includes the CEO); and
(b) the committees referred to in section 30; and
(c) the staff referred to in section 41.
(1) The ARC has the following functions:
(a) the function of making recommendations to the Minister under
section 52 in relation to which proposals should be approved as deserving
financial assistance under Division 1 of Part 7; and
(b) the function of administering the regimes of financial assistance
provided for in Divisions 1 and 2 of Part 7; and
(c) the function of providing advice to the Minister on research matters
as requested under subsection (2); and
(d) such other functions as are conferred on the ARC by the other
provisions of this Act and by any other Act.
(2) The Minister may, in writing, request the ARC to provide the Minister
with advice about a particular matter related to research.
(3) The ARC must comply with a request under subsection (2) for
advice. The advice must be in writing.
(4) Particulars of any requests made by the Minister under
subsection (2) in a financial year must be included in the annual report
for the ARC for the financial year.
(1) Subject to subsection (2), the Minister may, by written notice
given to the Chair, give directions to the Board about the performance of the
ARC’s functions.
(2) The Minister is not entitled to direct the ARC (or the Board) to
recommend that a particular proposal should, or should not, be approved as
deserving financial assistance under Division 1 of Part 7.
(3) Particulars of any directions given by the Minister under this section
in a financial year must be included in the annual report for the ARC for the
financial year.
(4) The Board must ensure that a direction given under this section is
complied with.
The Board of the ARC is established by this section.
In addition to the functions conferred on the Board by other provisions
of this Act, the Board has the functions of:
(a) deciding the ARC’s goals, priorities, policies and strategies;
and
(b) ensuring that the ARC’s functions are performed properly,
efficiently and effectively.
Note: Provisions relevant to the proper performance of the
ARC’s functions include (in addition to the provisions giving the ARC
those functions) section 10 (obligation to ensure Ministerial directions
complied with) and section 11 (obligation to comply with general Government
policies).
(1) The Minister may, by written notice given to the Chair, give
directions to the Board about the performance of the Board’s
functions.
(2) Particulars of any directions given by the Minister under this section
in a financial year must be included in the annual report for the ARC for the
financial year.
(3) The Board must comply with any directions given to it under this
section.
(1) The Minister may, by written notice given to the Chair, notify the
Board of general policies of the Commonwealth Government that are to apply in
relation to all or any of the following:
(a) the ARC;
(b) the Board (which includes the CEO);
(c) the committees referred to in section 30;
(d) the staff referred to in section 41.
(2) Particulars of any notifications given by the Minister under this
section in a financial year must be included in the annual report for the ARC
for the financial year.
(3) The Board must ensure that any policies notified under this section
are complied with.
The Board consists of:
(a) a Chair; and
(b) the people who, from time to time, hold the following
offices:
(i) CEO of the ARC;
(ii) the Chief Scientist;
(iii) Chairperson of the National Health and Medical Research Council
(established by the National Health and Medical Research Council Act
1992);
(iv) Secretary of the Department of Education, Training and Youth
Affairs;
(v) Secretary of the Department of Industry, Science and Resources;
and
(c) 8 other members.
Note: The performance of the Board’s functions and the
exercise of its powers is not affected merely because of a vacancy or vacancies
in the membership of the Board (see subsection 33(2B) of the Acts
Interpretation Act 1901).
(1) The Chair is to be appointed by the Governor-General by written
instrument for the period specified in the instrument of appointment. That
period must not exceed 3 years.
(2) A person appointed under this section must be someone who:
(a) in the Minister’s opinion, is a prominent member of the
Australian community and is held in high regard by the research community;
and
(b) is not an APS employee within the meaning of the Public Service Act
1999.
(1) The 8 Board members referred to in paragraph 12(c) are to be appointed
by the Minister by written instrument for the periods specified in their
instruments of appointment. A specified period must not exceed 3
years.
(2) The Minister must, in making appointments under this section, try to
ensure that the composition of the Board reflects the breadth of academic,
industry and community interests in the outcomes of research.
(3) The Minister must not appoint a person under this section if the
person is an APS employee within the meaning of the Public Service Act
1999.
(1) The Minister may appoint a person to act as an appointed
member:
(a) during a vacancy in the office of the member (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the member is absent
from duty or from Australia, or is, for any reason, unable to perform the duties
of the office.
(2) Anything done by a person purporting to act under an appointment under
subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: For more information about acting appointments, see
section 33A of the Acts Interpretation Act 1901.
An appointed member holds office on a part-time basis.
(1) An appointed member is to be paid the remuneration that is determined
by the Remuneration Tribunal. If no determination of that remuneration by the
Tribunal is in operation, the member is to be paid the remuneration that is
prescribed by the regulations.
(2) An appointed member is to be paid the allowances that are prescribed
by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The Minister may grant the Chair leave to be absent from a meeting or
meetings of the Board on the terms and conditions that the Minister
determines.
(2) The Chair may grant another appointed member leave to be absent from a
meeting or meetings of the Board on the terms and conditions that the Chair
determines.
(1) The Chair holds office on the terms and conditions (in relation to
matters not otherwise covered by this Act) that are determined in writing by the
Governor-General.
(2) The other appointed members hold office on the terms and conditions
(in relation to matters not otherwise covered by this Act) that are determined
in writing by the Minister.
(1) The Chair may resign his or her appointment by giving a written
resignation to the Governor-General.
(2) Any other appointed member may resign his or her appointment by giving
a written resignation to the Minister.
(1) The Governor-General may terminate the appointment of the Chair for
misbehaviour or physical or mental incapacity.
(2) The Governor-General must terminate the appointment of the Chair
if:
(a) the Chair:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the Chair is absent, except on leave of absence granted under
subsection 18(1), from 3 consecutive meetings of the Board; or
(c) the Chair engages in paid employment that conflicts or could conflict
with the proper performance of the Chair’s duties; or
(d) the Chair fails, without reasonable excuse, to comply with
section 27 (disclosure of interests).
(1) The Minister may terminate the appointment of an appointed member,
other than the Chair (who is dealt with in section 21), for misbehaviour or
physical or mental incapacity.
(2) The Minister must terminate the appointment of an appointed member,
other than the Chair, if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the member is absent, except on leave of absence granted under
subsection 18(2), from 3 consecutive meetings of the Board; or
(c) the member engages in paid employment that conflicts or could conflict
with the proper performance of the member’s duties; or
(d) the member fails, without reasonable excuse, to comply with
section 27 (disclosure of interests).
(1) Subject to subsection (3), the Chair may convene a meeting of the
Board at any time.
(2) The Minister may convene a meeting of the Board at any time.
(3) The Chair, in exercising his or her power to convene meetings, must
ensure that meetings of the Board are scheduled to meet the following
requirements:
(a) the first meeting of the Board must be within 3 months after the
commencement of this Act;
(b) there must be a minimum of 4 meetings each year;
(c) the period between a meeting and the next meeting must not be more
than 6 months.
A meeting of the Board must be presided over by:
(a) if the Chair is present—the Chair; or
(b) otherwise—a member who is present and who is elected by a
majority of the members present to preside.
At a meeting of the Board a quorum is constituted by such number of
members as constitutes a majority of the members then holding office.
Note: For example:
(a) if there are 14 members holding office, the quorum will
be 8; or
(b) if (because of vacancies) there are only 11 members
holding office, the quorum will be 6.
(1) A question arising at a meeting of the Board is to be determined by a
majority of the votes of Board members present and voting.
(2) The person presiding at a meeting has:
(a) a deliberative vote; and
(b) if necessary, also a casting vote.
(1) A Board member who has a direct or indirect pecuniary interest in a
matter that is being considered, or is about to be considered, by the Board must
disclose the nature of the interest at a meeting of the Board.
(2) The disclosure must be made as soon as possible after the relevant
facts have come to the member’s knowledge, and must be recorded in the
minutes of the meeting.
(3) Unless the Board otherwise determines, the member:
(a) must not be present during any deliberation by the Board on the
matter; and
(b) must not take part in any decision of the Board on the
matter.
(4) For the purposes of any determination being made under
subsection (3), a Board member who has a direct or indirect pecuniary
interest in the matter to which the disclosure relates:
(a) must not be present during any deliberation of the Board on whether to
make the determination; and
(b) must not take part in making the determination.
(5) This section has effect subject to subsection 38(5) (which completely
prohibits the CEO from participating in deliberations and decisions relating to
a proposal to appoint a person as the next CEO or to terminate the CEO’s
appointment).
(1) The Board may regulate proceedings at its meetings as it considers
appropriate. However, proceedings at a meeting must not be inconsistent with the
other provisions of this Division.
Note: Section 33B of the Acts Interpretation Act
1901 provides for people to participate in meetings by various means of
communication (e.g. telephone).
(2) Without limiting subsection (1), the Board may invite a person to
attend a meeting for the purpose of advising or informing the Board on any
matter.
(3) The Board must ensure that minutes of its meetings are
kept.
(1) A Board member (the nominating member) referred to in
paragraph 12(b) who does not attend a meeting of the Board may be represented at
that meeting by a person (the representative) nominated for the
purpose by the Board member. The nomination must be made by notice (whether in
writing or otherwise) given to the Chair.
(2) The representative:
(a) counts for the purpose of determining whether there is a quorum at the
meeting; and
(b) subject to subsections (3) and (4), may participate (including by
voting) in the meeting as if he or she were the nominating member.
(3) In participating in the meeting, the representative must comply with
any instructions given to him or her by the nominating member.
(4) Section 27 (disclosure of interests) applies to the
representative in relation to the following direct or indirect interests in
matters being, or about to be, considered at the meeting:
(a) interests of the representative;
(b) interests of the nominating member of which the representative is
aware.
(1) The Board may, with the approval of the Minister, establish a
committee or committees to assist in carrying out the functions of the ARC or
the Board.
(2) The Board may, with the approval of the Minister, dissolve a committee
at any time.
(1) The functions of a committee established under section 30 are as
determined by the Board.
(2) In performing its functions, the committee must comply with any
directions given to the committee by the Board.
(1) Subject to subsections (2) and (3), a committee established under
section 30 is to consist of such members as are appointed by the Board with
the approval of the Minister.
(2) A committee must have at least 5 members.
(3) A committee may consist of:
(a) persons who are all Board members (other than the CEO); or
(b) one or more Board members (other than the CEO) and one or more other
persons; or
(c) persons none of whom are Board members.
The CEO cannot be appointed as a member of a committee.
(4) The Board must, in making appointments to a committee, try to ensure
that the composition of the committee reflects the diversity of the interests in
the matter or matters that the committee will be dealing with.
(5) Subject to subsection (6), the Board may, with the approval of
the Minister, designate a member of a committee as the Chair of the
committee.
(6) The Board must not designate as Chair of a committee a person who is a
member of the staff referred to in section 41.
(1) A member of a committee established under section 30 holds office
for such period as is determined by the Board with the approval of the
Minister.
(2) A member of a committee holds office on the terms and conditions (in
relation to matters not otherwise covered by this Act) that are determined by
the Board with the approval of the Minister.
(3) A committee member may resign by giving the Board a written
resignation.
(4) The Board may at any time, with the approval of the Minister,
terminate the appointment of a committee member.
(1) There is to be a Chief Executive Officer of the ARC.
(2) The CEO is to be appointed by the Minister by written instrument for
the period specified in the instrument. That period must not exceed 5
years.
(3) The Minister must not appoint a person as CEO unless:
(a) except in the case of the first appointment of a person as
CEO—the Minister has:
(i) asked the Board for its advice in relation to the proposed
appointment; and
(ii) considered the Board’s advice; and
(b) in any case—the Minister has considered the proposed
appointee’s record in research and management.
(1) The Minister may appoint a person to act as the CEO:
(a) during a vacancy in the office of CEO (whether or not an appointment
has previously been made to the office); or
(b) during any period, or during all periods, when the CEO is absent from
duty or from Australia, or is, for any reason, unable to perform the duties of
the office.
(2) Anything done by a person purporting to act under an appointment under
subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: For more information about acting appointments, see
section 33A of the Acts Interpretation Act 1901.
The CEO holds office on a full-time basis.
(1) The CEO is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, the CEO is to be paid the remuneration that is prescribed by
the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
(1) The CEO must not engage in paid employment outside the duties of the
CEO’s office without the Minister’s approval.
(2) The CEO holds office on the terms and conditions (in relation to
matters not covered by this Act) that are determined by the Minister in
writing.
(3) Subject to subsection (4), the Minister may at any time, in
writing, terminate the appointment of the CEO.
(4) The Minister must not terminate the appointment of the CEO unless the
Minister has:
(a) asked the Board for its advice in relation to the proposed
termination; and
(b) considered the Board’s advice.
(5) The CEO:
(a) must not be present during any deliberation by the Board that relates
to the provision of advice to the Minister for the purposes of paragraph
34(3)(a) (advice about appointment of person as CEO) or subsection (4) of
this section (advice about termination of appointment); and
(b) must not take part in any decision of the Board as to what advice to
provide on that matter.
(1) In addition to the CEO’s duties under other provisions of this
Act, the CEO has such other duties as are determined by the Board from time to
time.
(2) The Board’s power to determine the CEO’s other duties is
subject to the following qualifications:
(a) the Board must ensure that the duties of the CEO include a duty to
manage the day-to-day administration of the ARC;
(b) the Board must consult the Minister about any proposed
determination.
The CEO may resign his or her appointment by giving the Minister a
written resignation.
(1) The staff required to assist the ARC in the performance of its
functions are to be persons engaged under the Public Service Act
1999.
(2) For the purposes of the Public Service Act 1999:
(a) the CEO and the staff referred to in subsection (1) together
constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
(1) The Board must prepare a strategic plan at least once a year and give
it to the Minister for approval under section 43. The plan must comply with
the requirements of this section.
(2) The plan must be in writing.
(3) The plan must cover a period of at least 3 years.
(4) The plan must:
(a) set out the goals, priorities, policies and strategies to be adopted
by the ARC in performing its functions; and
(b) set out performance indicators for the assessment of the ARC’s
performance of its functions; and
(c) deal with any other matters that the Minister, by notice in writing to
the Board, requires to be dealt with in the plan.
(1) After receiving a strategic plan (or a revised strategic plan) from
the Board, the Minister must either:
(a) approve the plan; or
(b) give the plan back to the Board with a written request for the Board
to give the Minister a strategic plan (prepared in accordance with
section 42) for the same period, revised to take account of specified
concerns of the Minister.
(2) If the Minister requests the Board to give him or her a revised
strategic plan, the Board must do so as soon as reasonably
practicable.
(3) The Minister must cause a copy of a strategic plan that he or she has
approved to be laid before each House of the Parliament within 15 sitting days
of that House after that approval.
(4) A strategic plan is of no effect unless it has been approved by the
Minister.
(1) If the Board considers that a variation of a strategic plan is
necessary or desirable, the Board may, with the approval of the Minister, vary
the strategic plan.
(2) The Minister must cause a copy of a variation that he or she has
approved to be laid before each House of the Parliament within 15 sitting days
of that House after that approval.
(3) A variation of a strategic plan is of no effect unless the variation
has been approved by the Minister.
The annual report for the ARC for a financial year must include an
assessment of the ARC’s performance of its functions during that year. The
performance indicators set out in the strategic plan as required by paragraph
42(4)(b) must be used in making that assessment.
(1) The Board must, as soon as practicable after 30 June in each
year, prepare and give to the Minister a report of the operations of the ARC
during the year that ended on that 30 June. The report must also deal
with:
(a) any matters required by other provisions of this Act to be dealt with
in the report; and
(b) any other matters that the Minister, by notice in writing to the
Board, requires to be dealt with in the report.
Note: Other provisions of this Act that require matters to
be dealt with in the report are subsections 6(4), 7(3), 10(2) and 11(2), and
section 45.
(2) The report must be prepared in accordance with the guidelines referred
to in subsection 63(2) of the Public Service Act 1999 (as if the
report were a report to which those guidelines applied).
(3) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of that House after the day on
which the Minister receives the report.
In this Division:
approved amount, in relation to a funding approval and a year
to which the approval relates, means the amount determined under paragraph
51(2)(b) for the year and the funding proposal concerned.
approved funding rules for a year to which this Division
applies means the set of rules prepared by the Board for that year under
section 59 and approved by the Minister under section 60.
funding approval means an instrument of approval under
subsection 51(1).
funding cap for a year to which this Division applies means
the amount set out in section 49 for that year.
funding proposal means a proposal that expenditure by an
organisation on a research program be approved under subsection 51(1) as a
proposal deserving financial assistance under this Division. A funding proposal
may relate to a single year to which this Division applies or to 2 or more such
years.
funding split determination means a determination by the
Minister under subsection 50(1) dividing the funding cap for a year to which
this Division applies between 2 or more categories of research
programs.
governing funding rules, in relation to a funding approval,
means the approved funding rules referred to in paragraph 53(1)(c).
year to which this Division applies means a year specified in
section 48.
This Division applies to the following years:
(a) the year 2001;
(b) the year 2002.
The total of all the approved amounts determined in respect of a year to
which this Division applies must not exceed:
(a) for the year 2001—$244,330,000; and
(b) for the year 2002—$243,812,000.
(1) The Minister must, in writing, determine that the funding cap for a
year to which this Division applies is to be divided, in such proportions as the
Minister specifies in the determination, between such categories of research
programs as the Minister specifies in the determination.
(2) The determination for a year must be made before the start of that
year.
(3) The Minister may, in writing, vary a determination for a year (but
only in a way so that the varied determination will still comply with
subsection(1)).
(4) The Minister may, in a single instrument, make a determination
covering 2 or more years to which this Division applies.
(1) Subject to section 53, the Minister may, in writing, approve a
proposal for expenditure by an organisation (the approved
organisation) on a research program (the approved program)
as a proposal deserving financial assistance under this Division in respect of a
year to which this Division applies, or in respect of each of 2 or more such
years.
(2) If the Minister approves the proposal, the Minister must, in writing,
for the year, or each of the years, in respect of which the proposal is
approved, determine:
(a) an amount as the estimated total expenditure on the proposal for the
year; and
(b) an amount of approved expenditure in relation to the proposal for the
year.
The amount of approved expenditure on the proposal for a year must not be
greater than the amount of estimated total expenditure on the proposal for the
year.
Note: If the proposal is approved in respect of 2 or more
years, different amounts may be determined in respect of different
years.
(3) The Minister must cause a copy of the determination under
paragraph (2)(b) to be laid before each House of the Parliament within 15
sitting days of that House after the day on which the determination is
made.
(4) The instrument of approval under subsection (1) must include the
following information:
(a) the name of the approved organisation;
(b) a description of the approved research program;
(c) the name and title of the person leading the approved research
program;
(d) the amount determined under paragraph (2)(b) in relation to the
year, or each of the years, for which the approved program is
approved.
(1) Subject to section 53, the ARC must make recommendations
to the Minister in relation to the following matters in respect of each year to
which this Division applies:
(a) what proposals should be approved under subsection 51(1) and what
proposals should not be approved;
(b) what amounts should be determined under paragraphs 51(2)(a) and (b) in
respect of proposals recommended by the ARC for approval.
(2) A recommendation must not be made unless it has been approved by the
Board.
(3) The recommendation that the ARC makes in relation to a particular
proposal for expenditure on a research program (whether it is a recommendation
that the proposal should be approved under subsection 51(1) or should not be so
approved) must include the following information:
(a) the name of the organisation seeking financial assistance for the
proposal;
(b) a description of the research program;
(c) the name and title of the person leading the research
program;
(d) a statement of the reasons why the proposal is, or is not, recommended
for approval under subsection 51(1).
(4) In deciding what proposals to approve under subsection 7B(1), the
Minister may (but is not required to) rely solely on recommendations made by the
ARC under subsection (1) of this section.
Note: Decisions by the ARC to make recommendations to the
Minister are reviewable under the Administrative Decisions (Judicial Review)
Act 1977, and the ARC may be requested to give a statement of reasons under
section 13 of that Act.
(1) Subject to subsection (2), a funding proposal must not be
approved under subsection 51(1), or recommended by the ARC under subsection
52(1) for such approval, as deserving financial assistance under this Division
in respect of a year to which this Division applies unless:
(a) the approval of the proposal would be consistent with the funding cap
for the year, or each of the years, to which the proposal relates; and
(b) the Minister has made a funding split determination in relation to the
year, or each of the years, to which the proposal relates and the approval of
the proposal would be consistent with that determination; and
(c) a set of approved funding rules for the year, or the first of the
years, to which the proposal relates is in force; and
(d) the eligibility criteria set out in those approved funding rules are
satisfied in relation to the proposal; and
(e) the application for financial assistance for the proposal satisfies
the requirements set out in those approved funding rules; and
(f) the assessment process set out in those approved funding rules has
been complied with in relation to the proposal.
(2) If, after a recommendation is made in relation to a proposal and
before the Minister decides whether to approve the proposal, there is a
variation of:
(a) the funding split determination for the year, or any of the years, to
which the proposal relates; or
(b) the governing funding rules in relation to the
recommendation;
the Minister must, in making that decision, disregard that variation and
have regard to the funding split determination, or the funding rules, (as the
case requires) as in force when the recommendation was made.
(3) If an approval or recommendation relating to a proposal is, when
given, in accordance with this section, the validity or effectiveness of the
approval or recommendation is not affected by:
(a) any subsequent variation of:
(i) the funding split determination for the year, or any of the years, to
which the proposal relates; or
(ii) the governing funding rules; or
(b) if the proposal relates to 2 or more years—the subsequent making
and approval of a set of funding rules for the second or a later one of those
years.
Example 1: A proposal that relates to the year 2001 is
approved. The approval is consistent with the funding cap and the funding split
determination for that year as at that time. Subsequently, the Minister varies
the funding split determination by specifying different categories of research
programs. Because of paragraph (3)(a), the approval of the proposal remains
effective (including for the purposes of section 55) whether or not the
proposal fits into one of the new categories of research
programs.
Example 2: A proposal relates to the years 2001 and 2002.
The governing funding rules are the funding rules for 2001. The proposal meets
the requirements of those rules and is approved for both years. Subsequently, a
set of funding rules is made and approved for the year 2002 specifying new
eligibility criteria. Because of paragraph (3)(b), the approval of the
proposal remains effective for the year 2002 (including for the purposes of
section 55), whether or not the proposal satisfies the eligibility criteria
specified in the new set of rules.
(1) Subject to subsection (2), the Minister may, in writing, vary a
funding approval as provided for in the governing funding rules.
(2) A variation of a funding approval:
(a) must be consistent with:
(i) the funding cap for the year, or each of the years, to which the
approval relates; and
(ii) the funding split determination for the year, or each of the years,
to which the approval relates; and
(b) cannot vary the approved amount for a year to which the approval
relates to make it less than the amount of financial assistance (including
advances) that has already been paid under this Division pursuant to the
approval in respect of that year.
(1) This section applies if, under section 51, the Minister approves
a proposal for expenditure by an organisation on a research program in respect
of a year, or each of 2 or more years, to which this Division applies.
(2) Subject to subsections (3) and (4), there is payable to the
organisation, for the purpose of financial assistance in respect of expenditure
incurred or to be incurred by the organisation in connection with the proposal
in respect of the year, or each of the years, an amount equal to the approved
amount in relation to the proposal and the year, or each of the years.
(3) The financial assistance is not payable at a time after any of the
following things happen:
(a) the organisation’s involvement with the research program
ends;
(b) the research program changes so that it is no longer consistent with
the description in the funding approval;
(c) the person named in the funding approval as the person leading the
research program ceases to lead the program.
Note: It may be possible to vary the funding approval to
accommodate a change that would otherwise result in the financial assistance
ceasing to be payable because of this subsection (see
section 54).
(4) The financial assistance is to be paid in such amounts, and at such
times, as the Minister determines.
(1) The Minister may make arrangements for the making of advances by the
Minister to an organisation, by way of financial assistance to the organisation,
on account of an amount that is expected to become payable under section 55
in respect of a research program and a year to which this Division
applies.
(2) An advance so paid to the organisation is paid:
(a) subject to the conditions specified in paragraphs 58(1)(a) to (e),
which apply to the advance as if it were an actual payment of financial
assistance under section 55 in respect of the research program and the
year; and
(b) such other conditions as the Minister imposes by notice in writing to
the organisation.
The Consolidated Revenue Fund is appropriated for the purpose of paying
financial assistance under section 55 and advances under
section 56.
(1) Financial assistance under section 55 in relation to a proposal
for expenditure by an organisation on a research program in respect of a year to
which this Division applies is paid to the organisation subject to the following
conditions:
(a) the sum of the amounts spent by the organisation in connection with
the proposal in respect of the year (being amounts spent before the end of the
year or spent after the year in respect of commitments entered into before the
end of the year) must not be less than the sum of the amounts of financial
assistance paid to the organisation under section 55 in relation to the
proposal in respect of the year;
(b) the organisation must give to the Minister, not later than
30 June next following the year, a statement by a qualified auditor, in a
form approved in writing by the Minister for the purpose, as to the amounts
spent as described in paragraph (a);
(c) if the Minister informs the organisation that the Minister is
satisfied that the organisation has failed to fulfil a condition applicable to
the financial assistance, the organisation will pay to the Commonwealth the
amount (if any) specified by the Minister, not exceeding the amount of the
financial assistance;
(d) if the amount of the financial assistance paid to the organisation
exceeds the amount of the financial assistance that is properly payable to the
organisation, the organisation will pay an amount equal to the excess to the
Commonwealth;
(e) despite paragraph (d), if:
(i) the organisation fails to spend all of that financial assistance as
required by this Division (including the other conditions) in respect of the
year; and
(ii) the Minister determines that this paragraph is to apply in relation
to the organisation in respect of the year;
so much of the unspent amount as the Minister specifies will be taken to
have been paid to the organisation under section 55 in respect of the next
following year under similar conditions to the conditions of the original
payment or under other conditions determined by the Minister;
(f) the organisation will comply with any applicable additional
accountability requirements specified in the governing funding rules;
(g) such other conditions as the Minister imposes by notice in writing to
the applicant.
(2) In this section:
qualified auditor means:
(a) the Auditor-General of a State, of the Australian Capital Territory or
of the Northern Territory; or
(b) a person registered as a company auditor or a public accountant under
a law in force in a State, the Australian Capital Territory or the Northern
Territory; or
(c) a member of the Institute of Chartered Accountants in Australia, or of
the Australian Society of Certified Practising Accountants; or
(d) a person approved by the Minister in writing as a qualified auditor
for the purposes of this Act.
(1) The Board must, before the start of each year to which this Division
applies, prepare a set of rules dealing with the matters set out in
subsection (2) for funding proposals that relate to that year, or that
relate to that year and to one or more later years to which this Division
applies, and give it to the Minister for approval under
section 60.
(2) The matters that must be dealt with in the rules are as
follows:
(a) the eligibility criteria to be met in order for a proposal to be
approved for financial assistance (including criteria relating to the kinds of
organisation that may receive assistance and the kinds of research program in
respect of which assistance may be provided);
(b) how to apply for financial assistance;
(c) the assessment process for deciding which proposals will be
recommended for approval;
(d) the ways in which, and circumstances in which, a funding approval may
be varied;
(e) any additional accountability requirements that the Board thinks
desirable.
The rules may also deal with such other matters as the ARC considers
appropriate.
(3) The rules must be in writing.
(4) The rules must take account of, and be consistent with:
(a) the funding cap for the year, or each of the years, to which the rules
apply; and
(b) the funding split determination for the year, or each of the years, to
which the rules apply.
(5) The rules take effect from the time determined by the Board, which
must not be a time before the rules have been approved by the
Minister.
(1) After receiving a set of rules (or a revised set of rules) from the
Board, the Minister must either:
(a) approve the set of rules; or
(b) give the set of rules back to the Board with a written request for the
Board to give the Minister a set of rules (prepared in accordance with
section 59), revised to take account of specified concerns of the
Minister.
(2) If the Minister requests the Board to give him or her a revised set of
rules, the Board must do so as soon as reasonably practicable.
(3) A set of rules is of no effect unless it has been approved by the
Minister.
(1) If the Board considers that a variation of a set of approved funding
rules is necessary or desirable, the Board may, with the approval of the
Minister, vary the set of rules.
(2) The circumstances in which a variation of a set of approved funding
rules is necessary include (but are not limited to) the following:
(a) there is a change in the amount of the funding cap for the year, or
any of the years, to which the rules apply and the rules are not consistent with
the changed funding cap;
(b) the funding split determination for the year, or any of the years, to
which the rules apply is varied and the rules are not consistent with the varied
determination.
(3) A variation of a set of rules is of no effect unless the variation has
been approved by the Minister.
(1) The ARC Research Endowment Account is established by this
section.
(2) The Account is a Special Account for the purposes of the Financial
Management and Accountability Act 1997.
There must be credited to the Account:
(a) amounts that are given or bequeathed for the purposes of the Account;
and
(b) amounts (if any) from time to time appropriated by the Parliament for
the Account.
(1) Amounts standing to the credit of the Account may be expended by the
ARC on providing financial assistance to organisations for eligible
research programs if the following conditions are satisfied:
(a) if a funding proposal for that financial assistance were proposed
under Division 1, that proposal would satisfy the eligibility criteria set
out in the approved funding rules for the year in which expenditure occurs;
and
(b) the Minister has, in writing, approved the expenditure.
(2) In this section, approved funding rules and
funding proposal have the same meanings as they have in
Division 1.
Financial assistance under section 64 is provided on such terms and
conditions (if any) as are determined by the ARC, with the written approval of
the Minister, by notice in writing to the organisation to which the assistance
is provided.
(1) The Minister may, in writing, delegate all or any of the
Minister’s powers or functions under the following provisions to
the CEO or a member of the staff referred to in section 41:
(a) subsection 54(1);
(b) subsection 55(4);
(c) section 56;
(d) section 58.
(2) A delegate must, in exercising a delegated power or function, comply
with any directions of the Minister.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.