Australian Institute of Marine Science Act 1972

Act No. 55 of 1972 as amended

This compilation was prepared on 5 November 2001
taking into account amendments up to Act No. 159 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

4 Repeal.....................................

5 Interpretation.................................

6 Application of Act outside Australia...................

Part II—Australian Institute of Marine Science

7 The Institute.................................

9 Functions of Institute............................

10 Powers of Institute..............................

Part III—Council of the Institute

10A Interpretation.................................

11 Institute to be governed by Council....................

12 Constitution of Council...........................

13 Leave of absence...............................

14 Resignation of members..........................

15 Termination of appointment........................

16 Vacation of office..............................

17 Acting members...............................

19 Fees and allowances.............................

20 Meetings of Council.............................

20A Director not to take part in certain deliberations of Council......

Part IV—Director of the Institute

21 Director of Institute.............................

22 Tenure of office...............................

23 Functions of Director............................

24 Remuneration and allowances of Director................

25 Leave of absence...............................

26 Resignation..................................

27 Termination of appointment........................

28 Vacation of office of Director.......................

29 Director not to undertake any other work................

30 Acting Director...............................

31 Oath or affirmation.............................

Part V—Staff

33 Appointment of officers..........................

34 Terms and conditions of appointment of officers............

35 Temporary and casual employees.....................

Part VI—Finance

36 Moneys payable to Institute........................

38 Application of moneys...........................

42 Limit on contracts..............................

43 Exemption from taxation..........................

Part VII—Miscellaneous

45 Committees..................................

46 Application of Air Accidents (Commonwealth Liability) Act.....

48 Inventions etc. of officers and employees................

49 Bonuses for discoveries by officers and employees...........

50 Fees and agreements for investigations..................

51 Regulations..................................

The Schedule

Notes   19

An Act relating to the Australian Institute of Marine Science

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Australian Institute of Marine Science Act 1972.

2  Commencement [see Note 1]

  This Act shall come into operation on a date to be fixed by Proclamation.

4  Repeal

  The Australian Institute of Marine Science Act 1970 is repealed.

5  Interpretation

 (1) In this Act, unless the contrary intention appears:

Acting Director means an acting Director of the Institute appointed under section 30.

acting member means an acting Chairperson, Acting Director or other acting member appointed under section 17.

appointed includes re‑appointed, and re‑appointment has a corresponding meaning.

hire includes charter.

institution includes any university or other body, whether corporate or unincorporate.

member means a member of the Council, and includes the Chairperson and the Director.

the Chairperson means the Chairperson of the Council.

the Council means the Council of the Institute.

the Director means the Director of the Institute appointed under section 21.

the Institute means the Australian Institute of Marine Science referred to in section 7.

vessel includes ship, boat or other craft.

6  Application of Act outside Australia

  The Institute is not limited, in the performance of its functions and the exercise of its powers, to Australia and the territorial waters of Australia and this Act applies both within and outside Australia and extends to all the external Territories.

Part II—Australian Institute of Marine Science

7  The Institute

 (1) Notwithstanding the repeal effected by section 4, the institute established by the Australian Institute of Marine Science Act 1970 under the name of the Australian Institute of Marine Science is continued in existence by this Act under that name.

 (2) The Institute:

 (a) is a body corporate;

 (b) shall have a seal;

 (c) may acquire, hold and dispose of real and personal property; and

 (d) may sue and be sued.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

 (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.

 (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.

9  Functions of Institute

 (1) The functions of the Institute are:

 (a) to carry out research and development in relation to marine science and marine technology; and

 (b) to encourage and facilitate the application and use of the results of research and development of that kind; and

 (c) to arrange for carrying out research and development of that kind; and

 (d) to co‑operate with other institutions and persons in carrying out research and development of that kind; and

 (e) to provide any other institution or person with facilities for carrying out research and development of that kind; and

 (f) to collect and disseminate information relating to marine science and marine technology and, in particular, to publish reports and other papers; and

 (g) to provide and sell goods (whether produced by the Institute or purchased or otherwise acquired by the Institute) and services in connection with matters related to its research and development activities in marine science and marine technology; and

 (h) to make available to other persons, on a commercial basis, the knowledge, expertise, equipment and facilities of the Institute; and

 (i) to do anything incidental or conducive to the performance of any of the functions in paragraphs (a) to (h).

 (2) The Institute may perform its functions only:

 (a) in so far as it is appropriate for its functions to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government; or

 (b) for the purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to perform functions; or

 (c) by way of expenditure or money that is available for the purposes of the Institute in accordance with an appropriation made by the Parliament; or

 (d) in the course of, and in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or

 (e) for purposes related to external affairs; or

 (f) for purposes in relation to a Territory.

10  Powers of Institute

 (1) Subject to any directions of the Minister, whether general or with respect to a particular matter, the Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

 (2) Without limiting the generality of subsection (1), the powers of the Institute referred in that subsection include power:

 (a) to enter into contracts;

 (b) to acquire, hold and dispose of personal property;

 (ba) to take on hire, or to accept on loan, equipment (including vessels) or other goods needed for the purposes of the Institute;

 (bb) to lend or to hire out equipment (including vessels) or other goods that are the property of the Institute;

 (c) to purchase or take on lease land or buildings, and to erect buildings, necessary for the purposes of the Institute;

 (d) to dispose of, or grant leases of, land or buildings vested in the Institute;

 (e) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;

 (f) to participate in partnerships, trusts, unincorporated joint ventures and other arrangements for sharing profits;

 (g) to subscribe for and to purchase shares in, and debentures and other securities of, companies;

 (h) to form, and to participate in the formation of, companies;

 (i) to appoint agents and attorneys, and to act as agents for other persons;

 (j) to accept anything given or transmitted to the Institute whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;

 (k) to arrange for displaying material and giving lectures, to the public or otherwise, in respect of matters relating to marine science and marine technology.

 (3) Notwithstanding anything contained in this Act, any money or property held by the Institute upon trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.

 (4) The Governor‑General may make available, for the purposes of the Institute, any land or buildings owned or held under lease by the Commonwealth.

Part III—Council of the Institute

10A  Interpretation

  In this Part, a reference to a member or an acting member does not, except in section 18 and subsections 20(5) and (6), include a reference to the Director or an Acting Director.

11  Institute to be governed by Council

  The Institute shall be governed by a council to be known as the Council of the Institute of Marine Science.

12  Constitution of Council

 (1) The Council shall consist of:

 (a) a Chairperson;

 (b) the Director; and

 (c) 4 other members.

 (2) The members shall be appointed by the Governor‑General.

 (3) At least 3 members shall be persons possessing scientific qualifications.

 (4) Subject to this Act, each member holds office for such period, not exceeding 5 years, as is specified in the instrument of the member’s appointment and on such terms and conditions as the Governor‑General determines, but is eligible for re‑appointment.

 (5) An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.

13  Leave of absence

  The Minister may grant leave of absence to a member upon such terms and conditions as the Minister determines.

14  Resignation of members

  A member may resign from office by writing signed by the member and delivered to the Governor‑General.

15  Termination of appointment

  The Governor‑General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

16  Vacation of office

  If a member:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

 (b) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Council; or

 (c) fails, without reasonable excuse, to comply with section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;

the Governor‑General shall, by notice published in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.

17  Acting members

 (1) In the event of an inability, whether on account of illness or otherwise, of the Chairperson to attend meetings of the Council, the Minister may appoint a person to be the acting Chairperson of the Council during that inability and, while so acting, the person has all the powers and functions of the Chairperson and, when attending a meeting of the Council, shall be deemed to be the Chairperson.

 (2) In the event of the inability, whether on account of illness or otherwise, of a member, other than the Chairperson, to attend meetings of the Council, the Minister may appoint a person to be an acting member of the Council during that inability, and while so acting, the person has all the powers and functions of a member, other than the Chairperson, of the Council and, when attending a meeting of the Council, shall be deemed to be a member, other than the Chairperson, of the Council.

 (3) An appointment under this section may be terminated at any time by the Minister.

19  Fees and allowances

 (1) A member or acting member shall be paid such fees as are determined by the Remuneration Tribunal.

 (2) A member or acting member shall be paid such allowances as are prescribed.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

20  Meetings of Council

 (1) The Council shall hold such meetings as are necessary for the performance of its functions.

 (2) The Chairperson may, at any time, convene a meeting of the Council and shall, if so directed by the Minister, convene a meeting of the Council.

 (3) The Chairperson shall preside at all meetings of the Council at which he or she is present.

 (4) In the absence of both the Chairperson and the acting Chairperson from a meeting of the Council, the members present shall appoint one of their number to preside at the meeting.

 (5) At a meeting of the Council, a quorum is constituted by not less than 4 members.

 (6) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.

 (7) The member presiding at a meeting of the Council has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.

20A  Director not to take part in certain deliberations of Council

  The Director:

 (a) shall not take part in any deliberation or decision of the Council with respect to the grant of leave to him or her by the Council; and

 (b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.

Part IV—Director of the Institute

21  Director of Institute

  There shall be a Director of the Institute, who shall be appointed by the Governor‑General on the recommendation of the Council.

22  Tenure of office

 (1) Subject to this Act, the Director holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Governor‑General determines, but is eligible for re‑appointment.

23  Functions of Director

  Subject to the general direction of the Council, the Director shall manage the affairs of the Institute.

24  Remuneration and allowances of Director

 (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.

 (2) The Director shall be paid such allowances as are prescribed.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

25  Leave of absence

 (1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.

 (2) The Council may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

26  Resignation

  The Director may resign from office by writing signed by the Director and delivered to the Governor‑General.

27  Termination of appointment

  The Governor‑General may retire the Director on the ground of invalidity.

28  Vacation of office of Director

  If the Director:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

 (b) is guilty of misbehaviour;

 (c) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

 (d) fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997;

the Governor‑General shall remove the Director from office.

29  Director not to undertake any other work

 (1) The Director shall not engage in paid employment outside the duties of his or her office except with the approval of the Minister.

 (2) The Minister shall not give an approval for the purposes of subsection (1) unless satisfied that the paid employment will not interfere with the performance of the duties of the Director under this Act.

30  Acting Director

 (1) The Minister may appoint a person to act in the office of Director:

 (a) during a vacancy in the office; or

 (b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

 (3) Where a person is acting in the office of Director in accordance with paragraph (1)(b) and the office becomes vacant while the person is so acting, then, subject to subsection (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

 (4) The Minister may:

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Director; and

 (b) terminate such an appointment at any time.

 (5) An appointment of a person under subsection (1) ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

 (6) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director.

 (7) The validity of anything done by or in relation to a person purporting to act in the office of Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

31  Oath or affirmation

  The Director or an Acting Director shall not perform the duties of his or her office unless he or she has made and subscribed, before a justice of the peace or a commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Schedule.

Part V—Staff

33  Appointment of officers

 (1) Subject to this Part, the Council may appoint such officers of the Institute as it thinks necessary for the purposes of this Act.

 (2) Except with the approval of the Minister, a person shall not be appointed under this section unless:

 (a) the person is an Australian citizen;

 (b) the Institute is satisfied, upon medical examination, as to the person’s health and physical fitness; and

 (c) the person makes and subscribes, before a justice of the peace or a commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form of oath or affirmation in the Schedule.

34  Terms and conditions of appointment of officers

  Officers are not subject to the Public Service Act 1999 but hold office on such terms and conditions as are determined by the Council.

35  Temporary and casual employees

 (1) Subject to this Part, the Council may employ such temporary or casual employees of the Institute as the Council thinks necessary for the purposes of this Act.

 (3) A person shall not be employed under this section unless, if required by the Council to do so, the person makes and subscribes, before a justice of the peace or a commissioner for taking affidavits, an oath or affirmation of allegiance in accordance with the form in the Schedule.

 (4) The terms and conditions of employment of employees shall be such as are determined by the Council.

Part VI—Finance

36  Moneys payable to Institute

 (1) There are payable to the Institute such moneys as are appropriated by the Parliament for the purposes of the Institute.

 (2) The Minister for Finance may give directions as to the amounts in which and the times at which, moneys referred to in subsection (1) are to be paid to the Institute.

38  Application of moneys

 (1) The moneys of the Institute shall be applied only:

 (a) in payment or discharge of the costs and expenditure of the Institute under this Act; and

 (b) in payment of any remuneration (including fees) and allowances payable under this Act.

 (2) Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997.

42  Limit on contracts

  The Institute shall not, except with the approval of the Minister, enter into a contract involving the payment by the Institute of an amount exceeding $100,000.

43  Exemption from taxation

  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.

Part VII—Miscellaneous

45  Committees

 (1) The Minister may, at the request of the Council, appoint a Committee to assist the Council in relation to a matter specified in the request.

 (2) A Committee appointed under this section shall consist of such persons, whether members of the Council or not, as the Council with the approval of the Minister thinks fit.

 (2A) A member of a Committee shall be paid such remuneration by way of fees as is determined by the Remuneration Tribunal and such allowances as are prescribed.

 (2B) Subsection (2A) has effect subject to the Remuneration Tribunal Act 1973.

 (3) A member of a Committee shall hold office on such terms and conditions as the Council with the approval of the Minister determines.

 (4) A Committee shall make such enquiries, and furnish to the Council such reports, in connexion with the matter in relation to which it has been appointed as the Council directs.

46  Application of Air Accidents (Commonwealth Liability) Act

  The Institute is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Liability) Act 1963.

48  Inventions etc. of officers and employees

 (1) Any discovery, invention or improvement of or in any process, apparatus or machine made by an officer or employee of the Institute in the course of his or her official duties is the property of the Institute and may be made available by the Institute on such conditions and on payment of such fees or royalties, or otherwise, as the Institute, with the approval of the Minister, determines.

 (2) An officer or employee of the Institute shall not, except with the consent in writing of the Council, make application for a patent for an invention that is made by him or her in the course of his or her official duties or that relates to any matter or work connected with his or her official duties.

49  Bonuses for discoveries by officers and employees

  The Council may pay to officers and employees, or to persons working on behalf of the Institute, such bonuses as the Council, with the approval of the Minister, determines in respect of useful discoveries or inventions made by those officers, employees or persons.

50  Fees and agreements for investigations

  The Council may charge such fees, and may agree to such conditions, as it thinks fit for investigations carried out by the Institute at the request of any person.

51  Regulations

  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for penalties not exceeding a fine of $100 for offences against the regulations

The Schedule

Sections 31, 33(2) and 35(3) 

OATH

 I, A. B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.

SO HELP ME GOD!

AFFIRMATION

 I, A. B., do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law.

Notes to the Australian Institute of Marine Science Act 1972

Note 1

The Australian Institute of Marine Science Act 1972 as shown in this compilation comprises Act No. 55, 1972 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(b) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(d) The Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(29) of which provides as follows:

 (29) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the day on which the first‑mentioned Act received the Royal Assent.

(e) The Australian Institute of Marine Science Act 1972 was amended by Schedule 4 (items 28‑30) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(f) The Australian Institute of Marine Science Act 1972 was amended by Schedule 2 (items 338‑346) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997,

(g) The Australian Institute of Marine Science Act 1972 was amended by Schedule 1 (items 198 and 199) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

(h) The Australian Institute of Marine Science Act 1972 was amended by Schedule 10 (items 38 and 39) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

 (2) The following provisions commence on a day or days to be fixed by Proclamation:

 (c) the items in Schedules 10, 11 and 12.

Table of Amendments

Table A

Application, saving or transitional provisions

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001  (No. 159, 2001)

Schedule 1

97  Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.