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Science and Industry Research Amendment Act 1978

Authoritative Version
  • - C2004A01942
  • No longer in force
Act No. 143 of 1978 as made
An Act to amend the Science and Industry Research Act 1949.
Administered by: Innovation, Industry, Science and Research
Date of Assent 24 Nov 1978
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015

SCIENCE AND INDUSTRY RESEARCH AMENDMENT ACT 1978

No. 143 of 1978

An Act to amend the Science and Industry Research Act 1949.

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

Short title, &c.

1. (1) This Act may be cited as the Science and Industry Research Amendment Act 1978.

(2) The Science and Industry Research Act 1949 is in this Act referred to as the Principal Act.

Commencement

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

Saving

3. Section 5 of the Principal Act is amended

(a) by omitting from sub-section (2) “, subject to the next succeeding sub-section,”;

(b) by omitting sub-section (3); and

(c) by adding at the end thereof the following sub-section:

“(7) In this section, ‘Council’ means the Commonwealth Council for Scientific and Industrial Research that was constituted under the Science and Industry Research Act 1920.”.

Trustees of the Science and Industry Endowment Fund

4. Section 6 of the Principal Act is amended by omitting sub-section (2).

5. Section 7 of the Principal Act is repealed and the following section substituted:

Interpretation

“7. In this Act, unless the contrary intention appears

‘Advisory Council’ means the Advisory Council established by section 33;

‘acting Chairman’ means an acting Chairman of the Organization appointed under sub-section 30(1);

‘Chairman’ means the Chairman of the Organization;

‘Commonwealth Authority’ means a body corporate established for a public purpose by, or in accordance with the provisions of, an Act;

‘Executive’ means the Executive of the Organization;

‘full-time member’ means a person appointed as a full-time member of the Executive;

‘member’ means a member of the Executive;

‘officer’ means an officer of the Organization;

‘Organization’ means the Commonwealth Scientific and Industrial Research Organization established under this Act;

‘science’ includes technology;

‘State Committee’ means a State Committee established by sub-section 38(1).”.

 

6. Section 9 of the Principal Act is repealed and the following sections are substituted:

 

Functions of the Organization

 

“9. The functions of the Organization are

(a) to carry out scientific research for any of the following purposes:

(i) assisting Australian industry;

(ii) furthering the interests of the Australian community;

(iii) contributing to the achievement of Australian national objectives or the performance of the national and international responsibilities of the Commonwealth;

(iv) any other purpose determined by the Minister;

(b) to encourage or facilitate the application or utilization of the results of such research;

(c) to act as a means of liaison between Australia and other countries in matters connected with scientific research;

(d) to train, and to assist in the training of, research workers in the field of science and to co-operate with tertiary-education institutions in relation to education in that field;

(e) to establish and award fellowships and studentships for research, and to make grants in aid of research, for a purpose referred to in paragraph (a);

(f) to recognize associations of persons engaged in industry for the purpose of carrying out industrial scientific research and to cooperate with, and make grants to, such associations;

(g) to establish, develop and maintain standards of measurement of physical quantities and, in relation to those standards

(i) to promote their use;

(ii) to promote, and participate in, the development of calibration with respect to them; and

(iii) to take any other action with respect to them that the Executive thinks fit;

(h) to collect, interpret and disseminate information relating to scientific and technical matters; and

(j) to publish scientific and technical reports, periodicals and papers.

Powers of the Organization

“9aa. The Organization has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may

(a) arrange for scientific research or other work to be undertaken, on behalf of the Organization, by any person or body;

(b) join in the formation of a partnership or company for the purpose of the commercial development of a discovery, invention or improvement the property of the Organization;

(c) make available to a person, on such conditions and on payment of such fees or royalties, or otherwise, as the Executive determines, a discovery, invention or improvement the property of the Organization;

(d) pay to officers, or to persons undertaking work on behalf of the Organization, such bonuses as the Executive, with the approval of the Minister, determines in respect of discoveries or inventions made by them; and

(e) charge such fees, and agree to such conditions, as the Executive thinks fit for research and other services carried out by the Organization at the request of any person.

Institutes to be established

“9ab. (1) Officers of the Organization engaged in carrying out the scientific research of the Organization shall be organized into Institutes established by the Executive from time to time for the purpose.

 

“(2) The number of Institutes under sub-section (1) at any time shall not exceed 6.

 

“(3) The Executive may direct an Institute to carry out such other work of the Organization as it thinks fit.”.

7. Parts III, IV, V, VI and VII of the Principal Act are repealed and the following Parts substituted:

 

 “PART III—THE EXECUTIVE OF THE ORGANIZATION

Establishment of Executive

“11. There is established by this section an Executive of the Organization, which shall be constituted as provided by section 14.

Functions of Executive

“12. (1) The affairs of the Organization shall be conducted by the Executive.

 

“(2) All acts and things done in the name of, or on behalf of, the Organization by, or with the authority of, the Executive, shall be deemed to have been done by the Organization.

 

“(3) The Executive may make recommendations to the Minister with respect to

(a) the policy and work of the Organization;

(b) the funds required for carrying out the work of the Organization; and


(c) the allocation of funds made available for carrying out that work.

Directions by Minister

“13. The Minister may give a direction to the Executive with respect to

(a) any matter of policy in relation to the carrying out of scientific research for a purpose set out in paragraph 9(a);

(b) any matter to which a recommendation of the Executive to the Minister under sub-section 12 (3) relates; or

(c) any matter relevant to the exercise of a power conferred on the Organization by Paragraph 9aa (b) or (c).

Constitution of Executive

“14. (1) The Executive shall consist of the Chairman of the Organization and 5 other members or such other number of members, not being more than 7, as the Governor-General may from time to time determine.

 

“(2) The members of the Executive, other than the Chairman, shall be appointed by the Governor-General.

 

“(3) Two members of the Executive appointed under sub-section (2) shall be appointed as full-time members and the others shall be appointed as part-time members.

 

“(4) A number equal to the prescribed number of the members of the Executive shall be persons possessing scientific qualifications.

 

“(5) For the purposes of sub-section (4), ‘prescribed number’, in relation to the members of the Executive, means

(a) where the number of those members is an even number—one-half of that number; or

(b) in any other case—one-half of a number that exceeds by one the number of members of the Executive.

 

“(6) The exercise or performance of a power or function by the Executive is not affected by reason only of there being a vacancy in the office of a member, including a vacancy in the office of a member included in the prescribed number of members referred to in sub-section (4).

Meetings

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

“(2) The Chairman may, at any time, convene a meeting of the Executive, and shall do so if so directed by the Minister.

“(3) At a meeting a quorum is constituted by a majority of the members of the Executive for the time being holding office as members or as Chairman.

“(4) The Chairman shall preside at all meetings at which he is present.

“(5) In the event of the absence of the Chairman from a meeting, the members present shall elect one of their number to preside at that meeting.

 

“(6) A question arising at a meeting shall be decided by a majority of the votes of members present and voting.

 

 “(7) At a meeting, the Chairman or other member presiding has a deliberative vote and, in the event of votes being equal, also has a casting vote.

 

Delegation by Executive

“16. (1) The Executive may, by resolution, either generally or as otherwise provided by the resolution, delegate to a person any of its powers under this Act, other than this power of delegation.

 

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Executive.

 

“(3) A delegation of a power under this section

(a) may be revoked by resolution of the Executive (whether or not constituted by the persons constituting the Executive at the time the power was delegated);

(b) does not prevent the exercise of the power by the Executive; and

(c) continues in force notwithstanding a change in the membership of the Executive.

 

“(4) Section 34a of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Executive were a person.

 

“(5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

 

“(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

 

 

“PART IV—MEMBERS OF THE EXECUTIVE OTHER THAN THE CHAIRMAN

Interpretation

“17. In this Part, ‘member’ does not include the Chairman.

Terms and conditions of appointment

“18. (1) Subject to this Act, a full-time member holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

 

“(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member, and a person shall not be appointed or re-appointed as a full-time member for a period that extends beyond the date on which he will attain the age of 65 years.

 

“(3) Subject to this Act, a part-time member holds office for such period, not exceeding 3 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

Remuneration and allowances of members

“19. (1) A member 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.

 

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

 

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

Leave of absence for members

“20. The Minister may grant leave of absence to a full-time member on such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation of members

“21. A member may resign his office by writing signed by him delivered to the Governor-General.

Termination of appointment

“22. (1) The Governor-General may terminate the appointment of a member by reason of misbehaviour or physical or mental incapacity.

“(2) If

(a) a member

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

(ii) fails to comply with his obligations under section 23; or

(b) a full-time member

(i) engages, without the consent of the Minister, in any paid employment outside the duties of his office; or

(ii) is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any period of 12 months,

the Governor-General may terminate the appointment of that member.


 

“(3) If a part-time member is, without the prior consent of the Chairman, absent from 3 consecutive meetings of the Executive, the Governor-General may terminate the appointment of that member.

Disclosure of interests by member

“23. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Executive, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Executive.

“(2) A reference in sub-section (1) to an interest shall be read as not including a reference to an interest that arises out of any action taken in compliance with a direction given by the Executive to the member concerned.

 

“(3) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Executive and the member

(a) shall not take part in any decision of the Executive with respect to that matter; and

(b) if the Executive so determines—shall not be present during any deliberation of the Executive with respect to that matter.

“PART V—THE CHAIRMAN OF THE ORGANIZATION

Chairman of the Organization

“24. (1) There shall be a Chairman of the Organization.

 

“(2) The Chairman is the executive officer of the Executive and, in particular, is responsible to the Executive for the day-to-day operation and efficiency of the Organization.

Appointment and term of office of Chairman

“25. (1) The Chairman shall be appointed by the Governor-General.

 

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

 

“(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Chairman, and a person shall not be appointed or re-appointed as the Chairman for a period that extends beyond the date on which he will attain the age of 65 years.

Remuneration and allowances of Chairman

“26. (1) The Chairman 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.

 

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

 

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

Leave of absence of Chairman

“27. The Minister may grant leave of absence to the Chairman on such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation of Chairman

“28. The Chairman may resign his office by writing signed by him delivered to the Governor-General.

Termination of appointment of Chairman

“29. (1) The Governor-General may terminate the appointment of the Chairman for misbehaviour or physical or mental incapacity.

 

“(2) If the Chairman

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


 

(b) except with the approval of the Minister, engages in paid employment outside the duties of his office;

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

(d) in any way, otherwise than as a member of, and in common with the other members of an incorporated company which consists of more than 25 persons and of which he is not a director, acquires an interest in a contract entered into by or on behalf of the Organization,

the Governor-General may terminate his appointment.

 

“(3) A reference in paragraph (2)(d) to an interest shall be read as not including a reference to an interest that arises out of any action taken in compliance with a direction given by the Executive to the Chairman.

Acting Chairman

“30. (1) Subject to sub-section (2), where the Chairman is, or is expected to be, absent from duty or from Australia or there is a vacancy in the office of Chairman, the Minister may appoint a person to act as Chairman during the absence of the Chairman or until the filling of the vacancy, as the case may be.

 

“(2) A person appointed under sub-section (1) to act in the place of the Chairman by reason of a vacancy in the office of Chairman shall not continue so to act after the expiration of a period of 12 months after the occurrence of the vacancy.

 

“(3) A person acting, or appointed to act, in accordance with this section, in the place of the Chairman has all the functions, powers and duties of the Chairman and, for the purpose of constituting a quorum at a meeting of the Executive, shall be treated as holding the office of Chairman.

 

“(4) The Minister may

(a) subject to this Act, determine the terms and conditions (including terms and conditions relating to remuneration and allowances) of appointment of a person appointed under this section; and

(b) at any time terminate such an appointment.

Delegation by Chairman

“31. (1) The Chairman may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act, other than a power delegated to him by the Executive under section 16 or this power of delegation.

“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Chairman.

“(3) A delegation under this section does not prevent the exercise of a power by the Chairman.

“PART VI—STAFF

“32. (1) The Executive may appoint such persons to be officers of Staff the Organization as it thinks necessary for the purposes of this Act.

“(2) The terms and conditions of service (other than in respect of matters provided for by this Act) of officers appointed under this section are such as are, subject to the approval of the Public Service Board, determined by the Executive.

“PART VII—THE ADVISORY COUNCIL AND STATE COMMITTEES

“Division 1—The Advisory Council

Establishment of Advisory Council

“33. There is established by this section an Advisory Council, which shall be constituted as provided by section 35.

Function of Advisory Council

“34. The function of the Advisory Council is to furnish advice to the Executive in connection with the following matters:

(a) the objectives that should be pursued by the Organization and the priorities to be followed to achieve those objectives;

(b) industrial or economic matters that may be of importance in formulating those objectives;


 

(c) the identification of the interests of the Australian community that may be furthered by the Organization;

(d) any other matter that is referred to it by the Executive for advice.

Membership of Advisory Council

“35. (1) The Advisory Council shall consist of the following members:

(a) a Chairman;

(b) the Chairman of each State Committee;

(c) not more than 18 (or such higher number as is prescribed) other members.

“(2) Members of the Advisory Council referred to in paragraph (1) (c) shall be

(a) persons selected by reason of their association with industry, tertiary education and community interests;

(b) persons selected from such Commonwealth Departments or Commonwealth Authorities as the Minister considers appropriate; and

(c) persons selected by reason of their experience, knowledge or skills.

“(3) The Chairman of the Advisory Council and the members referred to in paragraph (1) (c) shall be appointed by the Minister and shall be so appointed as part-time members.

“(4) Subject to this Part, the Chairman of the Advisory Council or a member referred to in paragraph (1) (c) holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

Meetings of Advisory Council

“36. (1) The Advisory Council shall hold such meetings as are necessary for the performance of its function, but shall meet at least three times in each year.

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

“(3) At a meeting of the Advisory Council a quorum is constituted by such number of members as is prescribed.

“(4) The Chairman of the Advisory Council shall preside at all meetings at which he is present.

“(5) In the event of the absence of the Chairman of the Advisory Council from a meeting, the members present shall elect one of their number to preside at that meeting.

“(6) A question arising at a meeting shall be decided by a majority of the votes of members present and voting.

“(7) At a meeting, the Chairman of the Advisory Council or other member presiding has a deliberative vote and, in the event of votes being equal, also has a casting vote.

“(8) In this section, ‘year’ means the period of 12 months commencing on 1 July 1979 and each subsequent period of 12 months.

Observers at meetings of Advisory Council

“37. The Chairman of the Advisory Council shall give reasonable notice of the time and place at which a meeting of the Advisory Council is to be held to the Australian Science and Technology Council established under the Australian Science and Technology Council Act 1978, which may send 1 observer to the meeting.

“Division 2—State Committees

State Committees

“38. (1) There is established by this section, in each State, a State Committee consisting of

(a) a Chairman; and

(b) not more than 11 (or such higher number as is prescribed) other members.

 

“(2) The members of a State Committee shall be appointed by the Minister and shall be so appointed as part-time members.

“(3) Members of a State Committee shall include

(a) persons selected by reason of their association with industry, tertiary education and community interests in the State concerned; and

(b) persons selected from Departments or Authorities of the Government of the State concerned.

“(4) The period of appointment of the members of a State Committee shall be as prescribed.

Functions of State Committees

“39. The functions of a State Committee are

(a) to request and receive comments and suggestions in connection with the work of the Organization from persons or associations in the State concerned;

(b) to keep itself informed of the current and planned work of the Organization and to make that work known to interested persons and associations in the State concerned; and

(c) to furnish advice to the Advisory Council having regard to the comments and suggestions so received and the information so gained and, in particular, to furnish such advice with respect to any matter that is referred to it by the Advisory Council for advice.

Meetings of State Committees

“40. Each State Committee shall hold meetings at such times as are fixed by or under the regulations, and the regulations may make provision with respect to the quorum, procedure and voting at such meetings.

“Division 3—General

Limitations on membership of Advisory Council and State Committees

“41. (1) A member of the Executive shall not be appointed as a member of the Advisory Council or as a member of a State Committee.

 

“(2) An officer shall not be appointed as the Chairman of the Advisory Council or as the Chairman of a State Committee.

Assistance by the Organization to Advisory Council and State Committees

“42. (1) The Chairman of the Organization shall, on behalf of the Organization, ensure that the Advisory Council and each State Committee is provided with such assistance as is necessary for the purpose of assisting it in the performance of its function or functions, as the case may be, including

(a) in the case of the Advisory Council—the provision of such staff as are necessary for that purpose; and

(b) in the case of a State Committee—the performance by officers of the Organization of any work for that Committee that is necessary to be performed for that purpose.

 

“(2) For the purpose of providing staff to the Advisory Council in accordance with sub-section (1), the Chairman of the Organization may make arrangements with a Commonwealth Department or a Commonwealth Authority for the services of officers or employees of that Department or Authority to be made available to the Advisory Council.

 

“(3) The terms and conditions of employment of an officer or employee under an arrangement under sub-section (2) shall be subject to the approval of the Public Service Board.

“(4) Staff provided to the Advisory Council under sub-section (1) (including staff so provided in accordance with an arrangement under sub-section (2)) are, in performing services for the Advisory Council, subject to the directions of the Chairman of the Advisory Council.

Remuneration and allowances of members of Advisory Council and of State Committees

“43. (1) In this section, ‘member’ means

(a) a member of the Advisory Council (other than the Chairman of a State Committee); or

(b) a member of a State Committee.

 

 

“(2) A member 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.

 

“(3) A member shall be paid such allowances as are prescribed.

 

“(4) This section has effect subject to the Remuneration Tribunals Act 1973.

Resignation and termination of appointments of Advisory Council and State Committees

“44. (1) In this section, unless the contrary intention appears

‘Chairman’ means the Chairman of a State Committee;

‘member’ means a member of the Advisory Council or of a State Committee, but does not include a Chairman.

 

“(2) A member or a Chairman may resign his office by writing signed by him delivered to the Minister.

 

“(3) The Minister may terminate the appointment of a member or a Chairman by reason of misbehaviour or physical or mental incapacity.

“(4) If a member or a Chairman is, without the prior consent of the Minister, absent from

(a) in the case of a member, being a member of the Advisory Council—3 consecutive meetings of the Advisory Council;

(b) in the case of a member, being a member of a State Committee—3 consecutive meetings of that State Committee; or

(c) in the case of a Chairman

(i) 3 consecutive meetings of the Advisory Council; or

(ii) 3 consecutive meetings of the relevant State Committee, the Minister may terminate his appointment.

“PART VIII—FINANCE

Interpretation

“45. In this Part, ‘approved bank’ means the Reserve Bank of Australia or another bank approved by the Treasurer.

Moneys payable to Organization

“46. (1) There are payable to the Organization such moneys as are appropriated by the Parliament for the purposes of this Act.

 

“(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Organization.

Bank accounts

“47. (1) The Executive may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

 

“(2) The Executive shall pay all moneys of the Organization into an account referred to in sub-section (1).

Application or moneys

“48. (1) Subject to sub-section (2), the moneys of the Organization shall be applied only

(a) in payment or discharge of the costs, expenses and other obligations of the Organization; and

(b) in payment of remuneration and allowances payable to any person under this Act.

 

“(2) Moneys of the Organization not immediately required for the purposes of the Organization may be invested

(a) on deposit with an approved bank;

(b) in securities of the Commonwealth; or

(c) in any other manner approved by the Treasurer.

Estimates of receipts and expenditure

“49. (1) The Executive shall prepare estimates, in such form as the Minister directs, of the receipts and expenditure of the Organization for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the Executive shall submit estimates so prepared to the Minister not later than such date as the Minister directs.

“(2) The moneys of the Organization shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister.

 

“(3) This section does not apply in relation to moneys to which section 9a applies.


 

Contracts

“50. The Organization shall not, except with the approval of the Minister, enter into a contract involving the payment or receipt by the Organization of an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount.

Proper accounts to be kept

“51. The Executive shall cause to be kept proper accounts and records of the transactions and affairs of the Organization and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Organization and over the incurring of liabilities by the Organization.

Audit

“52. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Organization and records relating to assets of, or in the custody of, the Organization and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

 

“(2) The Auditor-General may, in his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

 

“(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1).

 

“(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Organization relating directly or indirectly to the receipt or payment of moneys by the Organization or to the acquisition, receipt, custody or disposal of assets by the Organization.

 

“(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

 

“(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

 

“(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

Liability to taxation

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

“PART IX—MISCELLANEOUS

Inventions, &c., by officers

“54. (1) A discovery, invention or improvement of or in any process, apparatus or machine made by an officer of the Organization in the course of his official duties is the property of the Organization.

 

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

Rights of public servants

“55. If a person appointed to the office of Chairman of the Organization or appointed as a full-time member of the Executive of the Organization or as an officer of the Organization was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928 applied

(a) he retains his existing and accruing rights; and

(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service.


 

Consultative Council

“56. (1) There is established by this section a Consultative Council comprising representatives of the Executive and of organizations of officers.

“(2) The functions of the Council are to consider, and to report to the executive on, any matter affecting, or of general interest to, the officers of the Organization, including any such matter that is referred to the Council by the Executive.

“(3) The regulations shall prescribe the manner in which the Council is to be constituted, the manner in which the Council is to carry out its functions and any other matter relevant to the operations of the Council.

Annual report of Organization

“57. (1) The Executive shall, as soon as practicable after each 30 June, prepare and furnish to the Minister, for presentation to the Parliament, a report of the operations of the Organization during the year ended on that date, together with

(a) financial statements in respect of that year in such form as the Minister for Finance approves; and

(b) copies of

(i) all determinations of the Minister made under subparagraph 9 (a) (iv);

(ii) all directions of the Minister given under section 13; and

(iii) all advice furnished by the Advisory Council under section 34,

during that year.

“(2) The report shall set out

(a) a statement of the policies of the Organization in relation to the carrying out of the scientific research of the Organization that were current at the beginning of the relevant year, together with a description of any developments in those policies that occurred during that year; and

(b) comments of the Executive on advice furnished to it by the Advisory Council during that year.

 

 

“(3) Before furnishing financial statements to the Minister, the Executive shall submit them to the Auditor-General, who shall report to the Minister

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records;

(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Organization during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

“(4) The Minister shall cause a copy of the report and the other documents referred to in sub-section (1), together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.

Regulations

“58. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act.”.

Repeal of Second Schedule

8. The Second Schedule to the Principal Act is repealed.

Formal amendments

9. The Principal Act is amended as set out in the Schedule.

Transitional provision with respect to staff of the Organization

10. (1) Where a person was, immediately before the commencement of this Act, an officer or employee of the Organization, the person, after the commencement of this Act

(a) in the case of a person who was an officer—shall continue to hold office as an officer as if he had been appointed under section 32 of the Principal Act as amended by this Act; or

(b) in the case of a person who was an employee—shall be deemed to have been appointed as an officer under section 32 of the Principal Act as amended by this Act.


(2) The terms and conditions of service of a person referred to in sub-section (1) are the terms and conditions of service that were applicable to him immediately before the commencement of this Act, but those terms and conditions of service may be varied at any time by the Executive under section 32 of the Science and Industry Research Act 1949.

 

(3) The reference in section 55 of the Science and Industry Research Act 1949 to a person appointed as an officer of the Organization shall be read as including a reference to a person referred to in sub-section (1) of this section who was, immediately before the commencement of this Act, an officer to whom sub-section 22(2) of the Principal Act applied.

SCHEDULE

Section 9

FORMAL AMENDMENTS

1. Section 4 of the Principal Act is amended by omitting “the First Schedule to this Act” and substituting “Schedule 1”.

2. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter, to identify a section of another Act, and substituting that number expressed in figures:

Sections 5(4) and (5) and 6(1).

3. The First Schedule to the Principal Act is amended by omitting “FIRST SCHEDULE” and substituting “SCHEDULE 1”.