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Coal Research Assistance Act 1977

Authoritative Version
  • - C2004A01773
  • In force - Superseded Version
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Act No. 135 of 1977 as made
An Act to establish a Coal Research Trust Account and for related purposes.
Administered by: Industry, Science and Resources
Date of Assent 10 Nov 1977

COAL RESEARCH ASSISTANCE ACT 1977

No. 135 of 1977

An Act to establish a Coal Research Trust Account and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Coal Research Assistance Act 1977.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. In this Act, unless the contrary intention appears—

“coal” includes brown coal;

“research” means scientific, technical or economic research in connexion with coal or products derived from coal, and includes—

(a) the training of persons for the purpose of any such research;

(b) the publication of reports, periodicals, books and papers in connexion with such research;

(c) the dissemination of information and advice in connexion with scientific, technical or economic matters related to coal or products derived from coal; and

(d) any matter incidental to a matter referred to in this definition;

“Research Account” means the Coal Research Trust Account established by this Act;

“research advisory committee” means a committee appointed under sub-section 7(1) or declared under sub-section 7(2) to be a research advisory committee for the purposes of this Act.

Coal Research Trust Account

4. (1) An account is hereby established to be known as the Coal Research Trust Account.

(2) The Research Account is a Trust Account for the purposes of section 62a of the Audit Act 1901.

Moneys to be paid into the Research Account

5. (1) There shall be paid into the Research Account—

(a) amounts equal to one-third of the amounts from time to time raised as duties of Excise on —

(i) coal in respect of which an entry authorizing the removal of the coal from a coal mine was or is made at or after the hour of 2 o’clock in the morning by standard time in the Australian Capital Territory on 17 August 1977; or

(ii) coal removed at or after that hour, without entry, in pursuance of sub-section 24(2) of the Coal Excise Act 1949;

(b) moneys paid by any State or any other person to the Commonwealth for the purposes of the Research Account;

(c) moneys received by the Commonwealth from the sale of any land or goods bought or produced, or in respect of work paid for, out of moneys paid out of the Research Account; and

(d) interest from the investment of moneys standing to the credit of the Research Account.

(2) Amounts payable into the Research Account by virtue of paragraph (1)(a) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Application of the Research Account

6. (1) Subject to this section, moneys standing to the credit of the Research Account may be expended—

(a) with the approval of the Minister, for the purpose of research; and

(b) in payment of remuneration and allowances payable under section 7.

(2) In exercising his power under paragraph (1)(a) to approve the expenditure of moneys from the Research Account, the Minister shall have regard to recommendations, if any, furnished to him by a research advisory committee with respect to the expenditure of those moneys.

(3) Without limiting sub-section (1), moneys may be expended under that sub-section for the purpose of research conducted jointly by a person or body associated with Australia and a person or body associated with another country.

Research advisory committees

7. (1) The Minister may appoint such persons as he thinks fit to be a research advisory committee for the purposes of this Act.

(2) Where the Minister considers that any other body of persons is so constituted that it would be appropriate for it to make recommendations to him with respect to the expenditure of moneys on research, he may, by writing signed by him, declare that committee to be a research advisory committee for the purposes of this Act.

(3) The Minister may exercise his powers under this section so that, at any time, there is more than one research advisory committee.

(4) The Minister may request a research advisory committee to furnish to him recommendations for the purposes of sub-section 6(2) and such other recommendations and advice with respect to research as the Minister considers appropriate.

(5) Subject to sub-section (7), a member of a committee appointed by the Minister under sub-section (1) shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(6) A member referred to in sub-section (5) shall be paid such allowances as are prescribed.

(7) Sub-sections (5) and (6) have effect subject to the Remuneration Tribunals Act 1973.

Agreement for carrying out of research

8. (1) The Minister, or an officer of the Australian Public Service for the time being authorized by the Minister, in writing, to act under this section, may, on behalf of the Commonwealth, enter into agreements for the purposes of, or for purposes in connexion with, any research to be done or performed with moneys provided in whole or in part out of the Research Account.

(2) Without limiting the generality of sub-section (1), an agreement made with a person under that sub-section in relation to moneys provided out of the Research Account may—

(a) provide for the moneys to which the agreement relates and any property acquired with those moneys or with moneys that include those moneys to be used only for purposes specified in the agreement and for the payment by the person to the Commonwealth for the purpose of the Research Account, in the event of any of those moneys or any of that property being used for a purpose not specified in the agreement, of an amount equal to the whole, or such part as the Minister determines, of those moneys;

(b) provide for the payment by the person to the Commonwealth for the purposes of the Research Account of an amount equal to the whole, or such part as the Minister determines, of any net income derived by the person from—

(i) property acquired with moneys to which the agreement relates or with moneys that include those moneys; or

(ii) patents for inventions made, or any other property acquired, in the course of carrying out research or doing any other act or thing with those moneys or with moneys that include those moneys,

or for the assignment by the person to the Commonwealth of any property referred to in sub-paragraph (i), of any patents for inventions or other property referred to in sub-paragraph (ii) or of any such invention or any interest that he may have in any such invention; and


 

(c) provide for the payment by the person to the Commonwealth for the purposes of the Research Account, in the event of the disposal otherwise than to the Commonwealth of any property of a kind referred to in paragraph (b), of an amount equal to the whole, or such part as the Minister determines—

(i) in the case of a disposal by way of a sale or assignment for value—of the net proceeds of the sale or assignment; and

(ii) in any other case—of the value of the property as determined by the Minister.

Annual report by Minister

9. The Minister shall, as soon as practicable after 30 June 1978, and each 30 June thereafter, cause a report on the operation of this Act during the year ending on that date to be laid before each House of the Parliament.

Regulations

10. 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, making provision for and in relation to the conduct of the business of, and the convening and conduct of meetings of a committee appointed under sub-section 7 (1).