Institute of Science and Industry Act 1920 (Cth)

 

INSTITUTE OF SCIENCE AND INDUSTRY.

No. 22 of 1920.

An Act relating to the Commonwealth Institute of Science and Industry.

[Assented to 14th September, 1920.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1.This Act may be cited as the Institute of Science and Industry Act l920.

Parts.

2.This Act is divided into Parts as follows:—

Part I.—Preliminary.

Part II.—The Commonwealth Institute of Science and Industry.

Part III.—Powers and Functions of the Director.

Part IV.—Miscellaneous.

Definitions.

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

“Institute” means the Commonwealth Institute of Science and Industry;

“Officer” means any person employed by the Director under this Act;

“The Director” means the Director of the Commonwealth Institute of Science and Industry.

Part II.—The Commonwealth Institute of Science and Industry.

The Institute of Science and Industry.

4.—(1.) There shall be a Commonwealth Institute of Science and Industry, consisting of the Director, which shall be a body corporate with perpetual succession and a common seal and capable of suing and being sued.

(2.) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Institute affixed to any document or notice, and shall presume that it was duly affixed.

(3.) The Institute shall, subject to this Act, have power to hold lauds, tenements and hereditaments, goods, chattels and any other property for the purpose of and subject to this Act.

(4.) The Institute shall have power to acquire by gift, grant, bequest or devise, any such property for the purposes of this Act, and, in the absolute discretion of the Director, to agree to any conditions of such gift, grant, bequest or devise.

(5.) The powers of the Institute under the last preceding subsection shall, subject to the regulations and the approval of the Minister, be exercised by the Director on behalf of the Institute.

Constitution of Institute.

5. The Institute shall establish—

(a) a Bureau of Agriculture;

(b) a Bureau of Industries; and

(c) such other bureaux as the Governor-General determines.

Appointment of Advisory Council and Boards.

6.The Governor-General may appoint a General Advisory Council and Advisory Boards in each State to advise the Director with regard to—

(a) the general business of the Institute or any bureau thereof; and

(b) any particular matter of investigation or research.

Appointment of Director.

7.—(1.) The Governor-General may appoint a Director of the Institute.

(2.) On the happening of any vacancy in the office of Director of the Institute the Governor-General may appoint a person to the vacant office.

(3.) The term for which such appointment is made shall he five years, and any person so appointed shall, at the expiration of the term of office, be eligible for re-appointment.

(4.) In case of the illness, suspension or absence of the Director, the Governor-General may appoint a person to act as Deputy-Director during the illness, suspension or absence, and the Deputy shall, while so acting, have all the powers and perform all the duties of the Director.

Salary and expenses of the Director.

8.—(1.) The Director shall receive such salary as the Governor-General determines.

(2.) The salary of the Director shall be paid out of moneys appropriated by Parliament for the purpose.

(3.) Travelling expenses as prescribed shall be paid to the Director on account of his expenses in travelling in the discharge of the duties of his office.

Suspension of Director.

9.—(1.) The Governor-General may at any time suspend the Director from his office for incapacity, incompetence, or misbehaviour.

(2.) The Minister shall, within seven days after the suspension, if the Parliament is then sitting, or if the Parliament is not then sitting, within seven days after the next meeting of the Parliament, cause to be laid before both Houses of the Parliament a full statement of the grounds of suspension.

(3.) A Director who has been suspended shall be restored to office unless each House of Parliament within forty days after the statement has been laid before it, and in the same session, passes an address praying for his removal on the grounds of proved incapacity, incompetence, or misbehaviour.

Director to devote whole time to his duties.

10.The Director shall devote the whole of his time to the performance of his duties, and shall not accept or hold any paid employment outside the duties of his office as Director or be a director of a company.

Part III.—Powers and Functions of the Director.

Powers and functions of Director.

11.The powers and functions of the Director shall, subject to the regulations and to the directions of the Minister, be—

(a) the initiation and carrying out of scientific researches in connexion with, or for the promotion of, primary or secondary industries in the Commonwealth;

(b) the establishment and awarding of industrial research studentships and fellowships;

(c) the making of grants in aid of pure scientific research;

(d) the recognition or establishment of associations of persons engaged in any industry or industries for the purpose of carrying out industrial scientific research and the cooperation with and the making of grants to such associations when recognised or established;

(e) the testing and standardization of scientific apparatus and instruments, and of apparatus, machinery, materials and instruments used in industry;

(f) the establishment of a Bureau of Information for the collection and dissemination of information relating to scientific and technical matters; and

(g) the collection and dissemination of information regarding industrial welfare and questions relating to the improvement of industrial conditions.

12.The Director shall, as far as possible, co-operate with the existing State organizations in the co-ordination of scientific investigation, with a view to—

(a) the prevention of unnecessary overlapping; and

(b) the utilization of facilities and staffs available in the States.

Part IV.—Miscellaneous.

Arrangements with States.

13.The Governor-General may arrange with the Governor of any State for any of the following purposes:—

(a) the utilization for the purposes of this Act of State Research Departments and Laboratories and Experimental Stations and Farms;

(b) the co-operation in industrial and scientific research with State Government Departments, Universities and Technical Schools; and

(c) the co-operation with educational authorities and scientific societies in the Commonwealth with a view to—

(i) advancing the teaching of science in schools, technical colleges and universities where the teaching is determined by those authorities;

(ii) the training of investigators in pure and applied science, and of technical experts; and

(iii) the training and education of craftsmen and skilled artisans.

Appointment of officers.

14. —(1.) The Governor-General may, on the recommendation of the Minister, appoint such officers as he thinks necessary for the purposes of this Act.

(2.) Officers employed under this Act shall not be subject to the Commonwealth Public Service Act 1902-1918, but shall be engaged for such periods and shall be subject to such conditions as are prescribed.

(3.) An officer of the Commonwealth Public Service or of the Public Service of a State who becomes an officer under this Act shall retain all his existing and accruing rights.

Discoveries by officers.

15.All discoveries, inventions and improvements in processes, apparatus and machines made by officers of the Institute shall be vested in the Institute as its sole property, and shall be made available under such conditions and payment of such fees or royalties or otherwise as the Governor-General determines.

Bonuses for discoveries by officers.

16. —(1.) The Director may pay to successful discoverers or inventors working as officers of the Institute or under the auspices of the Institute such bonuses as the Governor-General determines.

(2.) Bonuses payable under this section shall be paid out of moneys appropriated by Parliament for the purpose.

Fees and agreements for special investigations.

17.The Director may charge such fees and may agree to such conditions as he thinks fit for special investigations carried out at the request of any authority, institution, association, firm or person.

Annual report of Director.

18.The Director shall, once in every year, make a report to the Minister containing a summary of the work done and researches and investigations made and proceedings taken by the Institute during the preceding year.

Reports to be presented to Parliament.

19.The Minister shall cause the yearly report of the Director to be laid before both Houses of the Parliament within thirty days after the receipt thereof if the Parliament is then sitting, and if not, within thirty days after the next meeting of the Parliament.

Power to publish information.

20.The Director may publish such information relating to any matter investigated by him as he thinks fit, except where such publication would be contrary to conditions agreed to under section seventeen hereof.

Regulations.

21.