Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Higher Education Support Amendment
(Australia's Economic Accelerator) Bill
2022
No. , 2022
(Education, Skills and Employment)
A Bill for an Act to amend the Higher Education
Support Act 2003, and for related purposes
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Higher Education Support Act 2003
3
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
1
A Bill for an Act to amend the Higher Education
1
Support Act 2003, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Higher Education Support Amendment (Australia's
5
Economic Accelerator) Act 2022
.
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
2
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
3
Schedule 1--Amendments
1
2
Higher Education Support Act 2003
3
1 Subsection 41-10(1) (after table item 11)
4
Insert:
5
6
11A
Grants to support arrangements to
increase industry-led study and
postgraduate research
*
Table A providers,
*
Table B
providers and bodies corporate that
are specified in the Other Grants
Guidelines for the purposes of this
item
2 In the appropriate position in subsection 41-10(1) (table)
7
Insert:
8
9
13A
Grants to assist higher education
providers to undertake programs of
research, in areas of national
priority, that progress development
of technologies and services to a
state of commercial investor
readiness
*
Table A providers,
*
Table B
providers and bodies corporate that
are specified in the Other Grants
Guidelines for the purposes of this
item
3 At the end of Part 2-3
10
Add:
11
Division 42--Australia's Economic Accelerator
12
Subdivision 42-A--Research commercialisation strategy and
13
investment plan
14
42-1 Research commercialisation strategy
15
(1) The
*
AEA Advisory Board must make a written strategy, to be
16
known as the research commercialisation strategy, to:
17
Schedule 1
Amendments
4
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
(a) outline the vision, aims and objectives for translation and
1
commercialisation of university research in areas of national
2
priority; and
3
(b) identify new and emerging technologies in areas of national
4
priority; and
5
(c) identify and propose ways of addressing regulatory, financial
6
and cultural barriers to translating and commercialising
7
university research in areas of national priority.
8
Note:
For variation and revocation of a strategy, see subsection 33(3) of the
9
Acts Interpretation Act 1901
.
10
(2) The first strategy must be made as soon as practicable after this
11
section commences. A subsequent strategy must be made and in
12
force as soon as the current strategy ceases to be in force.
13
(3) A strategy is in force for 5 years.
14
(4) The
*
AEA Advisory Board must give a copy of a strategy to the
15
Minister as soon as practicable after making it.
16
(5) The Minister must cause a copy of a strategy to be laid before each
17
House of the Parliament.
18
(6) A strategy made under subsection (1) is not a legislative
19
instrument.
20
42-5 Investment plan
21
(1) The
*
AEA Advisory Board must, in relation to each year,
22
formulate written policies for the
*
Australia's Economic
23
Accelerator program, dealing with the following matters in relation
24
to the year:
25
(a) areas of national priority;
26
(b) the total amount of funding available;
27
(c) any other matters the AEA Advisory Board considers
28
appropriate to deal with to ensure the program meets the
29
program's objectives.
30
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
5
(2) The
*
AEA Advisory Board must ensure that the policies are
1
consistent with the research commercialisation strategy in force
2
under section 42-1.
3
(3) A member of the
*
AEA Advisory Board, or a person performing
4
functions or exercising powers under the
*
Australia's Economic
5
Accelerator program, must not act inconsistently with policies
6
formulated under subsection (1).
7
Subdivision 42-B--Advisory Board
8
42-10 Australia's Economic Accelerator Advisory Board
9
The Australia's Economic Accelerator Advisory Board (
AEA
10
Advisory Board
) is established.
11
42-15 Functions of the AEA Advisory Board
12
The
*
AEA Advisory Board has the following functions:
13
(a) to advise the Minister in relation to translation and
14
commercialisation of university research;
15
(b) to advise the Minister in relation to the
*
Australia's
16
Economic Accelerator program, including in relation to
17
objectives, conditions of eligibility and conditions of grants;
18
(c) to oversee the performance of functions by priority managers
19
engaged under section 42-75;
20
(d) any other functions conferred on the
*
AEA Advisory Board
21
by this Act or the Other Grants Guidelines;
22
(e) to do anything incidental or conducive to the performance of
23
the above functions.
24
42-20 Annual report
25
(1) The
*
AEA Advisory Board must, as soon as practicable after the
26
end of each financial year, prepare and give to the Minister, for
27
presentation to the Parliament, a report on the AEA Advisory
28
Board's operations during the year.
29
Schedule 1
Amendments
6
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
Note:
See also section 34C of the
Acts Interpretation Act 1901
, which
1
contains provisions about annual reports.
2
(2) The report must include details of:
3
(a) achievements and outcomes in translating and
4
commercialising university research in areas of national
5
priority; and
6
(b) regulatory, financial and cultural barriers to translating and
7
commercialising university research in areas of national
8
priority and proposed ways of addressing them.
9
42-25 Membership of the AEA Advisory Board
10
The
*
AEA Advisory Board consists of the following members:
11
(a) the Chair;
12
(b) the Deputy Chair;
13
(c) not fewer than 4, and not more than 6, other members.
14
42-30 Appointment of members of the AEA Advisory Board
15
(1) Members of the
*
AEA Advisory Board are to be appointed, on a
16
part-time basis, by the Minister by written instrument.
17
(2) A member holds office for the period specified in the instrument of
18
appointment. The period must not exceed 5 years.
19
Note:
Subject to subsection (3), a member may be reappointed--see
20
section 33AA of the
Acts Interpretation Act 1901
.
21
(3) A member cannot be appointed for more than 3 consecutive
22
periods.
23
(4) The Minister must appoint one member to be the Chair and another
24
to be the Deputy Chair.
25
(5) The Minister must ensure that the members collectively:
26
(a) possess experience and knowledge in research and its
27
translation and commercialisation; and
28
(b) represent the sectors of government, industry, business and
29
research.
30
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
7
42-35 Acting AEA Advisory Board members
1
Acting by operation of law
2
(1) The Deputy Chair of the
*
AEA Advisory Board is to act as the
3
Chair of the AEA Advisory Board:
4
(a) during a vacancy in the office of Chair (whether or not an
5
appointment has previously been made to the office); or
6
(b) during any period, or during all periods, when the Chair:
7
(i) is absent from duty; or
8
(ii) is, for any reason, unable to perform the duties of the
9
office.
10
Note:
For rules that apply to persons acting as the Chair, see section 33A of
11
the
Acts Interpretation Act 1901
.
12
Acting appointments
13
(2) The Minister may, by written instrument, appoint a member to act
14
as the Deputy Chair of the
*
AEA Advisory Board:
15
(a) during a vacancy in the office of Deputy Chair of the AEA
16
Advisory Board (whether or not an appointment has
17
previously been made to the office); or
18
(b) during any period, or during all periods, when the Deputy
19
Chair of the AEA Advisory Board:
20
(i) is acting as the Chair of the AEA Advisory Board; or
21
(ii) is absent from duty; or
22
(iii) is, for any reason, unable to perform the duties of the
23
office.
24
Note:
For rules that apply to acting appointments, see sections 33AB and
25
33A of the
Acts Interpretation Act 1901
.
26
(3) The Minister may, by written instrument, appoint a person to act as
27
a member (other than the Chair or Deputy Chair) of the
*
AEA
28
Advisory Board:
29
(a) during a vacancy in the office of a member (whether or not
30
an appointment has previously been made to the office); or
31
(b) during any period, or during all periods, when a member:
32
Schedule 1
Amendments
8
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
(i) is acting as the Deputy Chair; or
1
(ii) is absent from duty; or
2
(iii) is, for any reason, unable to perform the duties of the
3
office.
4
Note:
For rules that apply to acting appointments, see sections 33AB and
5
33A of the
Acts Interpretation Act 1901
.
6
Experience and knowledge etc. of acting members
7
(4) Subsection 42-30(5) applies to an appointment under this section in
8
the same way as it applies to an appointment under section 42-30.
9
42-40 Remuneration and allowances
10
(1) A member of the
*
AEA Advisory Board is to be paid the
11
remuneration that is determined by the Remuneration Tribunal. If
12
no determination of that remuneration by the Tribunal is in
13
operation, the member is to be paid the remuneration that is
14
prescribed by rules made under subsection (4).
15
(2) A member of the
*
AEA Advisory Board is to be paid the
16
allowances that are prescribed by rules made under subsection (4).
17
(3) This section has effect subject to the
Remuneration Tribunal Act
18
1973
.
19
(4) The Minister may, by legislative instrument, make rules
20
prescribing matters for the purposes of this section.
21
42-45 Leave of absence
22
The Minister may grant leave of absence to a member of the
*
AEA
23
Advisory Board on the terms and conditions that the Minister
24
determines.
25
42-50 Disclosure of interests to the Minister
26
A member of the
*
AEA Advisory Board must give written notice
27
to the Minister of any direct or indirect pecuniary interest that the
28
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
9
member has or acquires and that conflicts or could conflict with the
1
proper performance of the member's functions.
2
42-55 Disclosure of interests to the AEA Advisory Board
3
(1) A member of the
*
AEA Advisory Board who has an interest,
4
pecuniary or otherwise, in relation to either of the following must
5
disclose the nature of the interest to a meeting of the AEA
6
Advisory Board:
7
(a) a decision by the AEA Advisory Board to recommend, or not
8
recommend, approval of a grant under the
*
Australia's
9
Economic Accelerator program;
10
(b) another matter being considered or about to be considered by
11
the AEA Advisory Board.
12
(2) The disclosure must be made as soon as possible after the relevant
13
facts have come to the member's knowledge.
14
(3) The disclosure must be recorded in the minutes of the meeting of
15
the
*
AEA Advisory Board.
16
(4) Unless the
*
AEA Advisory Board determines otherwise, the
17
member:
18
(a) must not be present during any deliberation by the AEA
19
Advisory Board on the matter; and
20
(b) must not take part in any decision of the AEA Advisory
21
Board with respect to the matter.
22
(5) For the purposes of making a determination under subsection (4),
23
the member:
24
(a) must not be present during any deliberation of the
*
AEA
25
Advisory Board for the purpose of making the determination;
26
and
27
(b) must not take part in making the determination.
28
(6) A determination under subsection (4) must be recorded in the
29
minutes of the meeting of the
*
AEA Advisory Board.
30
Schedule 1
Amendments
10
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
42-60 Resignation
1
(1) A member of the
*
AEA Advisory Board may resign the member's
2
appointment by giving the Minister a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Minister or, if a later day is specified in the resignation, on that
5
later day.
6
42-65 Termination
7
The Minister may terminate the appointment of a member of the
8
*
AEA Advisory Board for misbehaviour, or if any of the following
9
applies:
10
(a) the member is unable to perform the duties of the member's
11
office because of physical or mental incapacity;
12
(b) the member:
13
(i) becomes bankrupt; or
14
(ii) applies to take the benefit of any law for the relief of
15
bankrupt or insolvent debtors; or
16
(iii) compounds with the member's creditors; or
17
(iv) makes an assignment of the member's remuneration for
18
the benefit of the member's creditors;
19
(c) the member is absent, except on leave of absence, from 3
20
consecutive meetings of the AEA Advisory Board;
21
(d) the member fails, without reasonable excuse, to comply with
22
section 42-50 or 42-55 (which deal with the disclosure of
23
interests).
24
42-70 Other terms and conditions
25
A member of the
*
AEA Advisory Board holds office on the terms
26
and conditions (if any) in relation to matters not covered by this
27
Act that are determined, in writing, by the Minister.
28
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
11
Subdivision 42-C--Priority managers
1
42-75 Priority managers
2
(1) The Secretary may, on behalf of the Commonwealth, engage
3
persons to be known as priority managers:
4
(a) to perform any functions conferred by the Other Grants
5
Guidelines on priority managers in relation to the
6
*
Australia's Economic Accelerator program; and
7
(b) to provide technical and specialist advisory services to assist
8
the
*
AEA Advisory Board in performing any functions
9
conferred by the Guidelines on the Board in relation to the
10
Australia's Economic Accelerator program.
11
(2) The persons are to be engaged on the terms and conditions that the
12
Secretary determines.
13
4 At the end of subsection 179-5
14
Add:
15
; and (c) not
*
Australia's Economic Accelerator program information.
16
Note:
See Division 181 for
*
Australia's Economic Accelerator program
17
information.
18
5 Section 180-5
19
Before "
Higher
", insert "(1)".
20
6 At the end of section 180-5
21
Add:
22
(2) However,
*
Australia's Economic Accelerator program information
23
is not
Higher Education Support Act information
.
24
Note:
See Division 181 for
*
Australia's Economic Accelerator program
25
information.
26
7 After Division 180
27
Insert:
28
Schedule 1
Amendments
12
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
Division 181--Protection, disclosure and use of Australia's
1
Economic Accelerator program information
2
181-1 What this Division is about
3
An officer who discloses, copies or records information obtained or
4
created by the officer for the purposes of the Australia's Economic
5
Accelerator program, other than in the course of official
6
employment, commits an offence if the information is personal
7
information, or the officer's actions are likely to cause competitive
8
detriment to a person or found an action for breach of confidence.
9
This is the case unless an exception in this Division applies.
10
181-5 Object of this Division
11
The object of this Division is to give recipients and potential
12
recipients of grants under the
*
Australia's Economic Accelerator
13
program, and their industry partners, confidence that personal
14
information and other sensitive information they provide in relation
15
to the program will be dealt with appropriately.
16
181-10 Meaning of Australia's Economic Accelerator program
17
information
18
Australia's Economic Accelerator program information
is any
19
information that was obtained or created by an
*
officer for the
20
purposes of the
*
Australia's Economic Accelerator program.
21
181-15 Use of Australia's Economic Accelerator program
22
information
23
Offence
24
(1) An
*
officer commits an offence if:
25
(a) the officer:
26
(i) discloses information; or
27
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
13
(ii) makes a copy or other record of information; and
1
(b) the information is
*
Australia's Economic Accelerator
2
program information that was obtained or created by the
3
officer in the course of the officer's
*
official employment;
4
and
5
(c) the disclosure did not occur, or the copy or record was not
6
made, in the course of that official employment; and
7
(d) any of the following circumstances exist:
8
(i) the information is personal information within the
9
meaning of the
Privacy Act 1988
;
10
(ii) the disclosure, or the making of the copy or record,
11
causes or is likely to cause competitive detriment to a
12
person;
13
(iii) the disclosure, or the making of the copy or record,
14
founds or is likely to found an action by a person (other
15
than the Commonwealth) for breach of a duty of
16
confidence.
17
Penalty: Imprisonment for 2 years.
18
Exception--consent
19
(2) Subsection (1) does not apply if the person to whom the
20
information relates has consented to the disclosure, or the making
21
of the copy or record.
22
Note:
A defendant bears an evidential burden in relation to the matter in this
23
subsection: see subsection 13.3(3) of the
Criminal Code
.
24
Exception--authorised by this Division
25
(3) Subsection (1) does not apply if the disclosure, or the making of
26
the copy or record, is authorised by this Division.
27
Note:
A defendant bears an evidential burden in relation to the matter in this
28
subsection (see subsection 13.3(3) of the
Criminal Code
).
29
Exception--required by a Commonwealth law
30
(4) Subsection (1) does not apply if the disclosure, or the making of
31
the copy or record, is required by a law of the Commonwealth.
32
Schedule 1
Amendments
14
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
No. , 2022
Note:
A defendant bears an evidential burden in relation to the matter in this
1
subsection: see subsection 13.3(3) of the
Criminal Code
.
2
181-20 Disclosure of Australia's Economic Accelerator program
3
information to Minister and staff
4
A
*
Commonwealth officer may disclose
*
Australia's Economic
5
Accelerator program information to:
6
(a) the Minister; or
7
(b) a person employed under section 13 or 20 of the
Members of
8
Parliament (Staff) Act 1984
as a member of staff of the
9
Minister.
10
181-25 Disclosure of Australia's Economic Accelerator program
11
information by Minister
12
(1) The Minister may make
*
Australia's Economic Accelerator
13
program information publicly available, if the information:
14
(a) relates to programs of research in respect of which grants
15
have been approved for the purposes of item 13A of the table
16
in subsection 41-10(1); and
17
(b) is any of the following:
18
(i) the name of a researcher;
19
(ii) a description of the field of research;
20
(iii) the amount of a grant;
21
(iv) other information of a general nature.
22
(2) Despite subsection (1), the Minister must not disclose the
23
information if a person demonstrates to the Minister that:
24
(a) release of the information would cause competitive detriment
25
to the person; and
26
(b) the information is not in the public domain; and
27
(c) the information is not required to be disclosed under another
28
law of the Commonwealth, a State or a Territory; and
29
(d) the information is not readily discoverable.
30
Amendments
Schedule 1
No. , 2022
Higher Education Support Amendment (Australia's Economic
Accelerator) Bill 2022
15
8 Section 206-1 (after table item 1A)
1
Insert:
2
3
1AA
A
If a person applies for a
grant for the purposes
specified in item 13A
of the table in
subsection 41-10(1)
and the grant is not
approved--the decision
not to approve the
grant
section 41-20
the Minister
9 Section 238-12
4
Before "Amounts", insert "(1)".
5
10 At the end of section 238-12
6
Add:
7
(2) Subsection (1) does not apply in relation to amounts payable in
8
respect of members of the
*
AEA Advisory Board (see
9
Subdivision 42-B) or priority managers engaged under
10
section 42-75.
11
11 Subclause 1(1) of Schedule 1
12
Insert:
13
AEA Advisory Board
has the meaning given by section 42-10.
14
Australia's Economic Accelerator program
means a program
15
specified in the Other Grants Guidelines under which grants for
16
purposes specified in item 13A of the table in subsection 41-10(1)
17
are to be paid.
18
Australia's Economic Accelerator program information
has the
19
meaning given by section 181-10.
20