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Industry Research and Development (Natural Hazards and Disaster Resilience Research Centre Program) Instrument 2021

I, Christian Porter, Minister for Industry, Science and Technology, make the following instrument.

Dated 18 June 2021

Christian Porter

Minister for Industry, Science and Technology

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Prescribed program

6 Specified legislative power

1  Name

  This instrument is the Industry Research and Development (Natural Hazards and Disaster Resilience Research Centre Program) Instrument 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

25 June 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 33 of the Industry Research and Development Act 1986.

4  Definitions

  In this instrument:

Act means the Industry Research and Development Act 1986.

International Covenant on Economic, Social and Cultural Rights means the Covenant of that name done at New York on 16 December 1966.

Note: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

International Labour Organization’s Convention concerning Employment Policy means the Convention of that name done at Geneva on 9 July 1964.

Note: The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources means the Convention of that name done at Geneva on 23 June 1975.

Note: The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997.

Note: The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015.

Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

program: see subsection 5(1).

United Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992.

Note: The Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

5  Prescribed program

 (1) For the purposes of subsection 33(1) of the Act, the Natural Hazards and Disaster Resilience Research Centre Program (the program) is prescribed.

 (2) The program supports research, education and training in relation to natural hazards and disasters in a changing climate, by providing funding for the establishment and operation of the Natural Hazards and Disaster Resilience Research Centre, which is to:

 (a) conduct research relating to the management and impacts of natural hazards and disasters; and

 (b) provide financial assistance, including scholarships, for students in a field related to natural hazards and disaster resilience and management; and

 (c) conduct vocational education and training programs relating to natural hazards and disaster management.

 (3) The purposes of the program are to:

 (a) protect human life and minimise harm and suffering; and

 (b) assist emergency service agencies and communities to prepare for, respond to and recover from natural hazards and disasters; and

 (c) translate research into tools and technology for responding to natural hazards and disasters.

6  Specified legislative power

  For the purposes of subsection 33(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:

 (a) the provision of benefits to students (within the meaning of paragraph 51(xxiiiA) of the Constitution);

 (b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under one or more of the following:

 (i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6;

 (ii) the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;

 (iii) the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1, 2 and 4;

 (iv) the Kyoto Protocol, particularly Article 10(b);

 (v) the Paris Agreement, particularly Article 7(9);

 (vi) the United Nations Framework Convention on Climate Change, particularly Article 4(1)(b);

 (c) enterprises and activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (see paragraph 51(xxxix) and section 61 of the Constitution).