Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6(e)]
[Heading inserted by No. 53 of 2003 s. 95.]
In this
Schedule —
energy research means research as to energy
derived from a source that can be utilised sustainably and includes the
development of any process, technique, method, design or
apparatus —
(a) to
collect, store, apply or utilise any form of energy;
(b) to
convert one form of energy into another form of energy;
(c) to
substitute one form of energy for any other form of energy; or
(d) to
conserve any form of energy;
researcher means —
(a) a
person to whom the Coordinator has allocated financial assistance to enable
the person to undertake or continue a particular research project; and
(b) a
person who is directing, assisting or working with such a person on that
project.
[Clause 1 inserted by No. 53 of 2003
s. 95.]
(1) It is a function
of the Coordinator to encourage the development of the energy industry in the
State by fostering and promoting energy research.
(2) For the purposes
of subclause (1) the Coordinator may —
(a)
undertake energy research projects, including joint projects;
(b)
receive applications from persons seeking financial assistance to undertake or
continue energy research projects;
(c)
allocate from moneys available for the purpose financial assistance to enable
or assist persons to undertake or continue energy research projects;
(d)
coordinate energy research projects undertaken by persons —
(i)
who are receiving financial assistance or any other form
of support from the Coordinator; or
(ii)
who seek or agree to have their research projects
coordinated by the Coordinator;
(e)
enter into agreements with persons to whom the Coordinator has allocated
financial assistance with respect to the terms and conditions of that
allocation;
(f)
accept moneys from a person for application to energy research, either
unconditionally or subject to any trust, condition or stipulation as to the
application of the moneys;
(g)
monitor and evaluate —
(i)
energy research projects in respect of which the
Coordinator has allocated financial assistance; and
(ii)
other energy research work within the State or elsewhere.
[Clause 2 inserted by No. 53 of 2003
s. 95.]
3 . Power to direct researcher
The terms and
conditions referred to in clause 2(2)(e) may include a condition that a
person to whom the Coordinator has allocated financial assistance must comply
with any directions or guidelines issued by the Coordinator in relation to the
conduct of the research project concerned.
[Clause 3 inserted by No. 53 of 2003
s. 95.]
The Coordinator must
give effect to any trust, condition or stipulation that has been agreed to in
exercise of the power in clause 2(2)(f).
[Clause 4 inserted by No. 53 of 2003
s. 95.]
5 . Provision of information to the Coordinator
(1) This clause
applies where the Coordinator has given financial assistance to a person under
clause 2.
(2) The Coordinator
may, by notice in writing, require the person to provide within a specified
period reports and other information relating to —
(a) the
research concerned; and
(b) the
way in which moneys have been spent.
(3) A person to whom
such a notice has been given —
(a) must
comply with the notice; and
(b) must
not give information that he or she knows to be false or misleading.
Penalty: $10 000.
[Clause 5 inserted by No. 53 of 2003
s. 95.]
6 . Termination of assistance by the Coordinator
(1) This clause
applies where the Coordinator is satisfied that a person to whom financial
assistance has been allocated or given under clause 2 —
(a) has
failed to undertake or continue the research concerned; or
(b) is
unable to complete the research,
in accordance with the
terms and conditions agreed with the Coordinator.
(2) The Coordinator
may, by notice in writing to the person, terminate the financial assistance
and the Coordinator’s obligations under any agreement made under
clause 2(2)(e).
(3) Any
moneys —
(a) paid
to the person by the Coordinator; and
(b)
remaining unspent at the time when a notice is given under this clause,
may be recovered in a
court of competent jurisdiction as a debt due to the Coordinator.
[Clause 6 inserted by No. 53 of 2003
s. 95.]
7 . Researchers to maintain confidentiality
A researcher must not
directly or indirectly —
(a)
disclose to any person; or
(b) make
use of,
information concerning
the affairs of another person acquired by him or her by reason of any research
for which financial assistance has been allocated under this Act, except in
good faith for the purposes of that research.
Penalty: $100 000.
[Clause 7 inserted by No. 53 of 2003
s. 95.]
8 . Protection of trade secrets
(1) This clause
applies if —
(a) a
person discloses information to the Coordinator concerning his or her affairs
for the purposes of energy research; and
(b) the
person requests the Coordinator in writing that the information be treated as
a trade secret.
(2) Subject to
subclause (4), the Coordinator, a person performing functions under this
Act, or a researcher must not make any public disclosure of information
contrary to a request referred to in subclause (1)(b), except with the
consent of the person concerned.
Penalty: $100 000.
(3) Subject to
subclause (4), the Coordinator and a person performing functions under
this Act must take all reasonable steps to ensure that, except with the
consent of the person concerned, information about the nature, conduct,
progress or results of the research is not included in any report or statement
prepared under the Financial Management Act 2006 or Auditor General
Act 2006 by or for the Coordinator.
Penalty: $100 000.
(4)
Subclauses (2) and (3) do not apply to any information that the
Coordinator has, or might have, required to be provided under clause 5.
[Clause 8 inserted by No. 53 of 2003
s. 95; amended by No. 77 of 2006 Sch. 1 cl. 57(3).]
9 . Other requests for confidentiality
(1) This clause
applies if —
(a) the
Coordinator has accepted moneys from a person for application to energy
research subject to any trust, condition or stipulation as to the application
of the moneys; and
(b) the
person requests the Coordinator in writing —
(i)
not make any public disclosure of any information
concerning the nature, conduct, progress or results of the research; or
(ii)
that information about the nature, conduct, progress or
results of the research be not included in any report or statement prepared
under the Financial Management Act 2006 by or for the Coordinator.
(2) The Coordinator, a
person performing functions under this Act, or a researcher must not make any
public disclosure of information contrary to a request referred to in
subclause (1)(b).
Penalty: $100 000.
(3) The Coordinator
and a person performing functions under this Act must take all reasonable
steps to ensure that subclause (1)(b)(ii) is not contravened.
Penalty: $100 000.
[Clause 9 inserted by No. 53 of 2003
s. 95; amended by No. 77 of 2006 Sch. 1 cl. 57(4).]
The Coordinator is to
cause detailed records to be kept in relation to research
projects —
(a)
undertaken by the Coordinator, or by the Coordinator in conjunction with any
other person; or
(b) for
which the Coordinator has allocated financial assistance,
including records
relating to moneys allocated or paid, work undertaken, progress achieved and
results obtained.
[Clause 10 inserted by No. 53 of 2003
s. 95.]