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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION
AMENDMENT BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Industry, Innovation and Science, Senator the
Honourable Arthur Sinodinos AO)
AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION
AMENDMENT BILL 2017
OUTLINE
The purpose of the Bill is to amend the Australian Nuclear Science and Technology
Organisation Act 1987 (ANSTO Act) to provide greater flexibility to the Australian Nuclear
Science and Technology Organisation (ANSTO) in its activities, including the use of its
property, facilities and resources for science, technology, innovation and training purposes.
This includes enabling the establishment of an Innovation Precinct at ANSTO's Lucas
Heights campus, and the potential establishment of similar precincts in association with other
ANSTO campuses. More broadly, the Bill will facilitate enhanced collaboration between
industry, universities, researchers and ANSTO across all its sites.
Nationally and globally, nuclear science and technology is a major basis for innovation across
a range of industries. The Bill aligns with the priorities of the Government's National Science
Statement 2017 (www.science.gov.au/SCIENCEGOV/NationalScienceStatement/index.html)
and the National Innovation and Science Agenda (www.innovation.gov.au/page/agenda) for
driving Australian innovation through greater synergies between government, universities,
researchers and industry. The proposed ANSTO Innovation Precinct will co-locate and
crowd-in scientific partners, knowledge-intensive businesses, high-tech industry, and
university graduates around Australia's centre of nuclear capabilities and expertise.
Plans for an Innovation Precinct include three major components - a Graduate Institute, an
Innovation Incubator and a Technology Park. These three components will enable ANSTO to
act as a conduit between research, industry and universities. The Innovation Precinct will
support the achievement of science, innovation and technology excellence, and foster
research and industry linkages, technology development, commercialisation, entrepreneurship
and science, technology, engineering, mathematics and medicine (STEMM) education. The
Bill supports the establishment of the ANSTO Innovation Precinct and enhanced
collaboration.
ANSTO has been working in partnership with local industry groups, universities and all
levels of government in developing an ANSTO Innovation Precinct. These stakeholders have
been supportive of the proposal and have been working with ANSTO to achieve the
successful development of the Innovation Precinct.
The Department of Industry, Innovation and Science, the Australian Government Solicitor,
the Office of Best Practice Regulation, the Office of Parliamentary Counsel and the
Department of Finance have been consulted regarding the drafting of the Bill.
FINANCIAL IMPACT STATEMENT
The Bill will not have any direct financial impact on the Budget.
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However, it will allow ANSTO to leverage its facilities to generate additional capability and
increase opportunities for ANSTO to generate commercial revenues from its land, facilities
and research.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION
AMENDMENT BILL 2017
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Bill makes minor amendments to the Australian Nuclear Science and Technology
Organisation Act 1987 to provide greater flexibility to the Australian Nuclear Science and
Technology Organisation in its science, education and innovation activities, including the use
of its property, facilities and resources for science, technology, and innovation purposes.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
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Australian Nuclear Science and Technology Organisation Amendment Bill 2017
NOTES ON CLAUSES
Clause 1--Short Title
This clause provides for the Bill, when enacted, to be cited as the Australian Nuclear Science
and Technology Organisation Amendment Act 2017.
Section 2--Commencement
This clause provides that the Bill commences on the day after it receives the Royal Assent.
Clause 3--Schedules
Clause 3 is a machinery clause that enables the Schedule to amend the Act. The Bill contains
one Schedule.
Schedule 1--Amendments
Australian Nuclear Science and Technology Organisation Act 1987
Item 1--Section 3
Item 1 inserts a new definition of scientific research, innovation and training. The definition
includes activities in the fields of natural or applied science, activities that involve innovation
or high levels of technical risk and education and training, whether or not those activities are
related to nuclear science and nuclear technology. The inclusion of this definition, when read
with subsection 5(4A), supports the Australian Nuclear Science and Technology Organisation
(ANSTO) in its science, technology, innovation and training activities, including its ability to
make available to others its facilities, resources and property for the purposes of innovation.
Item 2--Paragraph 5(1)(ea)
Item 2 replaces the words "on a commercial basis" with "whether or not on a commercial
basis" in paragraph 5(1)(ea). This will allow ANSTO to undertake the functions in parahraph
5(1)(ea) without limiting it to being on a commercial basis. By encompassing non-
commercial activities, the Bill provides the flexibility for the potential construction of post-
graduate accommodation and facilities, for example, which may not necessarily be
undertaken on a commercial basis, but would help support research, innovation and training
outcomes.
Item3 - At the end of paragraph 5(1)(ea)
Item 3 inserts a note at the end of paragraph 5(1)(ea) to cross-reference the new subsection
5(4A) and existing subsection 6(3).
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Item 4--After subsection 5(4)
Item 4 inserts new subsection 5(4A) to enhance ANSTO's function in paragraph 5(1)(ea),
which provides for ANSTO to make available to other people its knowledge, expertise,
equipment, facilities, resources and property. The inclusion of subsection 5(4A) supports
ANSTO in making available its knowledge, expertise, equipment, facilities, resources and
property for use by innovative businesses or high-end manufacturers and for training and
education purposes (for example), whether or not those activities have a connection with
nuclear science or nuclear technology. The Bill supports the national priority of bringing
business, universities and researchers together to drive Australian innovation.
Item 5 - Subsection 5(5)
Item 5 repeals subsection 5(5). This section is being repealed as the substance will now be
included in an expanded new section 6A, outlined below.
Item 6 - After section 6
Item 6 inserts a new section 6A which replaces subsection 5(5). Subsection 5(5) was drafted
on the basis of Constitutional law as it was understood in 1987. Section 6A updates and
expands the constitutional references in the ANSTO Act to better reflect ANSTO's current
and proposed activities. Section 6A sets out the constitutional basis on which ANSTO can
perform its functions by listing the constitutional heads of power that limit ANSTO's
functions.
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