Mining and Petroleum Research Act 1981 (WA)
WESTERN AUSTRALIA.
MINING AND PETROLEUM RESEARCH ACT 1981.
ARRANGEMENT.
Section
PART I—PRELIMINARY.
1. Short title.
2. Commencement.
3. Interpretation.
PART II—THE WESTERN AUSTRALIAN MINING AND
PETROLEUM RESEARCH INSTITUTE.
4. Establishment of Western Australian Mining and Petroleum Research
Institute.
5. Functions of Institute.
6. Powers of Institute.
PART III—THE BOARD OF DIRECTORS
OF THE INSTITUTE.
7. Management of Institute.
8. Board subject to Minister.
9. Advice of Advisory Committee.
10. Constitution of Board.
11. Appointment and tenure of Board Chairman.
12. Appointment and tenure of directors.
13. Acting Board Chairman.
14. Acting directors.
15. Remuneration and allowances of Board Chairman and other directors.
16. Meetings and proceedings of Board.
17. Common seal of Institute.
PART IV—THE MINING AND PETROLEUM
ADVISORY COMMITTEE.
18. Mining and Petroleum Advisory Committee.
19. Functions of Advisory Committee.
20. Membership of Advisory Committee.
21. Chairman and Deputy Chairman of Advisory Committee.
22. Tenure of office of Advisory Committee members.
23. Meetings and proceedings of Advisory Committee.
24. Remuneration and allowances of members.
PART V—FINANCE.
25. Funds of Institute.
26. Mining and Petroleum Research Fund.
27. Accounts and financial statements.
PART VI—MISCELLANEOUS.
Section
28. Staff of Institute.
29. Professional or technical assistance.
30. Use of staff and facilities of Departments and instrumentalities.
31. Institute may require information and terminate assistance.
32. Secrecy.
33. Liability.
34. Records to be maintained.
35. Information and annual report.
36. Regulations.
WESTERN AUSTRALIA.
MINING AND PETROLEUM
RESEARCH.
No. 2 of 1981.
AN ACT to promote and co-ordinate research for the development of the mining and petroleum industries, to establish the Western Australian Mining and Petroleum Research Institute and for incidental purposes.
[Assented to 18 May 1981.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I-PRELIMINARY.
| 1. This Act may be cited as the Mining and Short | tate |
Petroleum Research Act 1981.
| No. 2.] Mining and Petroleum Research. | [1981. |
Commence-
| ment. | 2. The provisions of this Act shall come into operation on such day or days as is or are respect- ively fixed by proclamation. |
| Interpreta- |
| tion. | 3. In this Act, unless the contrary intention |
appears
"Acting Board Chairman" means person nominated under section 13 (1) to act in the office of Board Chairman;
"Advisory Committee" means Mining and Petroleum Advisory Committee established under section 18;
"Advisory Committee Chairman" means member appointed under section 21 (1) to be the Chairman of the Advisory Committee;
"Board" means Board of Directors of the Institute referred to in section 7 (1);
"Board Chairman" means director appointed under section 11 (1) to be the Chairman of the Board;
"Deputy Advisory Committee Chairman" means member appointed under section 21 (1) to be the Deputy Chairman of the Advisory Committee;
"director" means director appointed under
section 12;
"Institute" means Western Australian Mining and Petroleum Research Institute estab- lished by section 4 (1);
"financial year" means year ending on 30 June;
"member" means member of the Advisory Committee appointed under section 20;
"mining and petroleum research" and "mining or petroleum research" include the develop- ment of any process, technique, method, design or apparatus to locate, extract, process, transport or market minerals or petroleum;
Mining and Petroleum Research. [No. 2. "Minister" means Minister of the Crown to whom the administration of the Mining Act 1904 is for the time being committed by the Governor;
1981.]
"paragraph" means paragraph of the section or subsection in which the term is used;
| "section" means section of this Act; "subsection" means subsection of the section in |
which the term is used;
"the Fund" means the Mining and Petroleum Research Fund established under section 26 (1);
"Treasurer" means Treasurer of the State.
PART II-THE WESTERN AUSTRALIAN MINING
AND PETROLEUM RESEARCH INSTITUTE.
Establish-
| 4. (1) There is hereby established a body | ment of Western |
| corporate under the name of the Western Australian | Australian Mining and |
| Mining and Petroleum Research Institute. | Petroleum Research Institute. |
(2) Under its corporate name, the Institute
(a) has perpetual succession;
(b) shall have a common seal;
| (c) | may sue and be sued in any court; |
| (d) | may acquire, hold and dispose of real and personal property; |
| (e) | has the powers, functions, authorities and duties conferred or imposed by or under this Act; and |
| (f) | subject to this Act, is capable of doing and suffering all that bodies corporate may do and suffer. |
| 5. The functions of the Institute are— | Functions of |
| Institute. |
| (a) | to encourage the development of the mining and petroleum industries within |
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Western Australia by fostering and promot- ing all aspects of mining and petroleum research;
| (b) | to undertake, in its own right or in conjunction with other persons, such mining and petroleum research projects as it thinks fit and to evaluate projects so undertaken; |
| (c) | to investigate matters, and to undertake |
mining and petroleum research projects,
referred to it by the Minister;
(d) to co-ordinate, when appropriate and prac-
ticable, mining and petroleum research
projects undertaken by other persons who-
(i) have received funds or any other form of support from the institute; or
(ii) seek or agree to have their mining and petroleum research projects co- ordinated by the Institute;
| (e) | to receive and consider applications from persons undertaking or wishing to under- take mining and petroleum research pro- jects and seeking funds from the Institute; |
| (f) | of the Fund, funds to enable or assist persons referred to in paragraph (e) to continue to undertake or to undertake mining and petroleum research projects; |
| (g) | whom the Institute has allocated funds with respect to the terms and conditions of the allocation of those funds, which terms and conditions may include a condition that such a person shall comply with any directions or guidelines issued by the Institute in relation to the conduct of a mining or petroleum research project; |
at its discretion, to allocate to persons, out
to enter into agreements with persons to
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| (h) | to monitor and evaluate mining and petro- leum research projects in respect of which the Institute has allocated funds and other mining and petroleum research work within the State and elsewhere; |
(i) to maintain within the Department of Mines a collection of relevant literature, journals and other information concerning mining and petroleum research;
| (j) | to confer and collaborate on matters relating to mining and petroleum research with the Department of Mines and other appropriate authorities and institutions within the State and elsewhere; and |
| (k) | to promote public awareness of matters relating to mining and petroleum research, to inform the public concerning the latest developments in the fields of mining and petroleum research and to receive and consider submissions from the public concerning- |
(i) the performance by the Institute of its functions; or
(ii) matters relating to mining and petro- leum research in general.
Powers of
| 6. (1) The Institute may do, in the State or else- | Institute. |
where, 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 conferred on the Institute by that subsection include power
| (a) | to purchase and construct facilities and equipment needed to conduct mining and petroleum research projects; |
| (b) | to own, lease, rent or otherwise acquire suitable premises or accommodation for its staff, records and facilities; |
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| (c) | to open and maintain an account at a bank approved by the Treasurer; |
| (d) | to apply for, or to join in the making of an application for, a patent; and |
| (e) | to apply for the registration of an industrial design. |
(3) The Institute may, by writing bearing the common seal of the Institute, delegate to the Board Chairman or a director or to an officer of the Insti- tute or of the Department of Mines, either generally or otherwise as provided by the instrument of delegation, all or any of its powers under this Act except this power of delegation.
A power delegated under subsection (3) may be exercised by the delegate in accordance with the instrument of delegation and, when so exercised, shall for the purposes of this Act be deemed to have been exercised by the Institute.
(4)
A delegation under subsection (3) is revocable
at will and does not prevent the exercise of a power
by the Institute.
(5)
PART III-THE BOARD OF DIRECTORS OF THE
INSTITUTE.
Management
(1) The control and management of the Institute are vested in a Board of Directors of the Institute, which shall be constituted as prescribed by this Part.
| of | 7. |
Institute.
(2) Subject to section 8, the Board shall perform all the functions, and may exercise all the powers, of the Institute under this Act.
Board
The Board shall comply with the directions, if any, of the Minister in relation to the performance of any function, or the exercise of any power, by the Board.
| subject to | 8. |
Minister.
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9. The Board shall pay due regard to the advice et=
of the Advisory Committee in relation to the per- Committee
formance of any function, or the exercise of any power, by the Board but is not bound to act on or give effect to that advice and, when the Board has referred a proposal, matter or question to the Advisory Committee for advice, the Board may act notwithstanding that the advice has not been received.
Constitution
| 10. | The Board shall consist of three directors. | of Board. |
| 11. (1) The Minister shall from time to time | Appoint- | |
|
| appoint one of the directors to be the Chairman | Board |
| of the Board. | Chairman. |
| (2) The appointment of the Board Chairman may be terminated at any time by the Minister and the Board Chairman may resign his office by writing signed by him and delivered to the Minister. |
| 12. (1) The directors | Appoint- | |
|
| (a) | shall be appointed by the Governor on the | directors. |
| nomination of the Minister from amongst persons who appear to the Minister to be qualified by training or experience in the physical sciences, applied sciences, mining, petroleum technology, engineering, finance, administration, marketing, or any other field that is, in the opinion of the Minister, relevant to the functions of the Institute; and | ||
| (b) | shall be nominated in accordance with subsection (2). |
(2) Before the first appointments are made to the offices of the directors and thereafter whenever it is necessary to fill a vacancy which has occurred, or is about to occur, in the office of a director, the Minister shall nominate one or more persons, as the case requires, and may, in so doing, seek and act on the advice of the Department of Mines.
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(3) A person may be appointed to the office of director for such period, not exceeding 4 years, as is specified in the instrument of his appointment and, subject to this Act, any person so appointed is eligible for re-appointment.
(4) A director may resign his office by writing signed by him and delivered to the Minister.
(5) If a director
| (a) | is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy; |
| (b) | becomes permanently incapable of per- forming the duties of his office; or |
| (c) | is removed from office by the Governor on the grounds of neglect of duty, misbe- haviour or incompetence, |
the office of the director becomes vacant.
Acting
| Board | 13. |
(1) The Minister may, from time to time, if he considers it necessary in order to enable the Institute to perform its functions effectively, nominate an officer of the Department of Mines to act in the office of Board Chairman during any period when the Board Chairman is, or is expected to be, absent from duty or from the State or is, for any reason, unable to perform the duties of his office.
Chairman.
(2) The provisions of section 11 (2) apply to and in relation to an Acting Board Chairman as if he were the Board Chairman.
Acting
| directors. | 14. |
(1) The Minister may, if he considers it necessary in order to enable the Institute to perform its functions effectively, appoint a person to act in the office of a director, other than the director who is the Board Chairman, during any period when that director is, or is expected to be, absent from duty or from the State or is, for any reason, unable to perform the duties of his office.
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(2) A person acting in the office of a director under this section
| (a) | holds office on such terms and conditions as the Minister determines; and |
| (b) | may resign his appointment by writing signed by him and delivered to the Minister. |
(3) The Minister may at any time terminate an appointment under this section.
Remunera-
| 15. There shall be paid to | tion and | |
|
| (a) the Board Chairman; and | Chairman | |
|
| (b) | each director (other than the Board Chairman) or person acting in the office of that director, |
such remuneration and allowances as are fixed by the Minister on the recommendation of the Public Service Board.
16. (1) The Board shall meet regularly and as Meetings
| often as is necessary for the performance of its func- tnCI | ,Igeeedings |
| tions under this Act. | of Board. |
| (2) The Board Chairman or Acting Board Chair- man may at any time convene a meeting of the Board. |
(3) At a meeting of the Board
| (a) | the Board Chairman or Acting Board Chairman and one other director constitute a quorum; and |
| (b) | the Board Chairman or Acting Board Chairman shall preside. |
(4) A question arising at a meeting of the Board shall be determined by a majority of the votes of the directors present and voting and, subject to sub- section (5), when the votes cast on any question are equally divided the question shall remain unresolved until a subsequent meeting of the Board.
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(5) When the votes cast on a question at a previous meeting of the Board were equally divided and the votes cast on the question at a subsequent meeting thereof are also equally divided, the Board Chairman or Acting Board Chairman shall exercise a casting vote on the question.
The Board shall cause accurate minutes to be kept of its proceedings at its meetings.
(6)
(7) A director who has a direct or indirect pecuniary interest in any matter that is being con- sidered or is about to be considered at a meeting of the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to those present at that meeting and that disclosure shall be recorded in the minutes of that meeting.
(8) An act or proceeding of the Board shall not be invalid in consequence only of there being a vacancy in the office of a director at the time of the act or proceeding or in consequence only of there being some defect or irregularity in the appointment of a person purporting to be a director.
The Board shall determine its own procedure to the extent that it is not prescribed.
(9)
Common
| seal of | 17. (1) A person shall not affix the common seal of the Institute to any document except in pursuance of a resolution of the Board. |
| Institute. |
A document executed in pursuance of a resolu-
tion of the Board shall be attested by the signatures
of any 2 directors.
(2)
(3) When a document purporting to bear the common seal of the Institute is produced before any court, judge or person acting judicially, that court, judge or person shall, unless the contrary is proved, presume that
| (a) | that document bears the common seal of the Institute; and |
| (b) | the common seal of the Institute was duly affixed to that document. |
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PART IV-THE MINING AND PETROLEUM
ADVISORY COMMITTEE.
18. For the purposes of this Act there shall be Eligaind
established a committee to be known as the Mining Advisor Yee.
and Petroleum Advisory Committee.
19. The functions of the Advisory Committee Aglicstot
| are- | Committee. |
| (a) | to consider and advise the Board on research goals in the mining and petroleum industries; |
| (b) | to consider and advise the Board on any proposals, matters or questions that may be referred to the Advisory Committee by the Board; and |
| (c) | to make recommendations to the Board- |
(i) concerning the funding policy of the Institute;
(ii) as to whether or not a particular mining or petroleum research project examined by the Advisory Committee deserves the support or continued support, as the case may be, of the Institute; or
(iii) concerning any other aspect of the activities of the Institute,
with a view to ensuring that the best use is made of the resources and funds at the disposal of the Institute.
Membership
| 20. (1) Subject to this section, the Advisory | of Advisory |
| Committee shall be appointed by the Minister and | Committee. |
| shall consist of the following members, namely |
| (a) | one person appointed from a panel of names submitted by the body known as The Confederation of Western Australian Industry (Incorporated); |
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| (b) | one person appointed from a panel of names submitted by the body known as The Chamber of Mines of Western Australia (Incorporated); |
| (c) | one person appointed from a panel of names submitted by the body known as the Aus- tralian Petroleum Exploration Association; |
| (d) | one person appointed from a panel of names submitted by the Senate of The University of Western Australia; |
| (e) | one person appointed from a panel of names submitted by the Senate of Murdoch University; |
| (f) | one person appointed from a panel of names submitted by the Council of the Western Australian Institute of Technology; |
| (g) | one person appointed from a panel of names submitted by the Commonwealth Scientific and Industrial Research Organization established under the Science and Industry Research Act 1949, as amended, of the Parliament of the Commonwealth; |
| (h) | one person appointed on the nomination of the Minister for Resources Development; and |
(i) such number of other persons (if any) as the Minister considers appropriate, being persons who appear to the Minister-
(i) to be knowledgeable concerning the research requirements of the mining industry or the petroleum industry;
(ii) to have a genuine interest, or be representative of interests, in mining and petroleum research; or
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| (iii) to be representative of the interests in mining and petroleum research of bodies, post-secondary education institutions or authorities other than those referred to in paragraphs (a), (b), (c), (d), (e), (f), (g) and (h), |
or who, for any other reason, are considered by the Minister to be suitable for appointment as members.
(2) A panel of names referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1)-
| (a) | shall be submitted in writing to the Minister at his request; and |
| (b) | shall contain the names of at least 3 persons each of whom- |
(i) is knowledgeable concerning mining or petroleum or the general subject of the mining industry or the petroleum industry; or
(ii) has a genuine interest in mining or petroleum research,
and is willing to accept appointment as a
member.
(3) If at any time a body, post-secondary institu- tion or authority referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) does not submit a panel of names within 30 days after the making of the relevant request referred to in paragraph (a) of subsection (2), the Minister may, without the submission of that panel, appoint a person who is otherwise eligible to be the member concerned to represent the interests of the body, post-secondary institution or authority in default.
(4) A person appointed under subsection (3) shall for all purposes be deemed to be duly appointed a member and to be the representative of the body, post-secondary institution or authority in default.
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(5) The Minister may appoint persons to be deputies of the several members.
(6) The provisions of subsections (1), (2), (3), and (4) that apply to and in relation to the appoint- ment of a member apply to and in relation to the appointment of a deputy of the member.
(7)
A person appointed under subsection (5) is, in the event of the absence from a meeting of the Advisory Committee of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, is deemed to be a member and has all the powers, functions and duties of a member.
Chairman
| and Deputy | 21. (1) The Minister shall appoint one member (2) The appointment of a member as Advisory Committee Chairman or Deputy Advisory Committee Chairman under subsection (1) may be terminated at any time by the Minister. |
| Chairman | |
| of Advisory | to be the Chairman of the Advisory Committee and |
| Committee. | another member to be the Deputy Chairman of the Advisory Committee. |
| Tenure of | |
| °Mee of | 22. (1) A person may be appointed to the office as is specified in the instrument of his appointment and, subject to this Act, any person so appointed is eligible for re-appointment. |
| Advisory | |
| Committee | of member for such period, not exceeding 3 years, |
| members. | |
| (2) A member may resign his office by writing signed by him and delivered to the Minister. |
(3) If a member
| (a) | is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy; |
| (b) | becomes permanently incapable of perform- ing the duties of his office; or |
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| (c) | is removed from office by the Minister on the grounds of neglect of duty, mis- behaviour or incompetence, |
the office of the member becomes vacant.
Meetings and
| 23. (1) The Board Chairman or Acting Board | proceedings of Advisory |
| Chairman shall convene regular meetings of the | Committee. |
| Advisory Committee and at least 4 such meetings shall be convened in each calendar year after the year in which this section comes into operation. | |
| (2) The Advisory Committee Chairman shall preside at all meetings of the Advisory Committee at which he is present and the Deputy Advisory Committee Chairman shall preside at any meeting at which he, but not the Advisory Committee Chair- man, is present. |
When the Advisory Committee Chairman and Deputy Advisory Committee Chairman are both absent from a meeting, the members present shall appoint one of their number present to preside at the meeting.
(3)
(4) To constitute a meeting of the Advisory Committee there must be present thereat not less than one-half of the members.
A question arising at a meeting of the Advisory Committee shall be determined by a majority of the votes of the members present and voting and, if the votes cast on any question are equally divided, the question shall be declared to be negatived.
(5)
(6)
The Advisory Committee shall cause accurate minutes to be kept of its proceedings at its meetings.
(7) Any member who has a direct or indirect pecuniary interest in any matter that is being considered or is about to be considered at a meeting of the Advisory Committee shall, as soon as possible after the relevant facts have come to
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his knowledge, disclose the nature of his interest to those present at that meeting and that disclosure shall be recorded in the minutes of that meeting.
(8) When a member makes a disclosure under subsection (7) in relation to a matter and a majority of the members present at the meeting concerned determine by motion that the nature of the pecuniary interest disclosed is such that the member should take no part in the consideration of the matter, the member shall not be present during any deliberation of the Advisory Committee with respect to the matter.
(9) Subject to subsection (4), an act or proceeding of the Advisory Committee shall not be invalid in consequence only of there being any vacancy in the office of a member at the time of that act or proceed- ing or in consequence only of there being some defect or irregularity in the appointment of a person purporting to be a member or in the appoint- ment of a person purporting to be the deputy of a member.
(10) The Advisory Committee shall determine its
own procedure to the extent that it is not prescribed.
Remunera-
| tion and | 24. A member or a deputy of a member shall be paid such remuneration and allowances as are fixed by the Minister on the recommendation of the Public Service Board. |
| allowances | |
| of members. |
PART V-FINANCE.
Funds of
| Institute. | 25. (1) Subject to subsection (2), the funds available for the purpose of enabling the Institute to perform its functions under this Act consist of |
| (a) | moneys from time to time appropriated by Parliament for the purposes of this Act; |
| (b) | moneys made available to, and accepted by, the State or the Institute for application towards mining and petroleum research; and |
| 1'981.] | Mining and Petroleum Research. [No. 2. (c) any moneys, other than moneys referred to in paragraphs (a) and (b), that may law- fully be received by or for the Institute. |
(2) If any moneys referred to in subsection (1) (b) are made available subject to any trust, condition or stipulation that they be applied towards a specified mining or petroleum research project, or mining or petroleum research projects of a specified class or a specified field of mining or petroleum research, the Institute shall give effect to that trust, condition or stipulation.
Mining and
| 26. (1) The Institute shall establish and | Petroleum Research |
| administer a Fund to be known as the Mining and | Fund. |
| Petroleum Research Fund into which shall be paid all moneys received by or for the Institute and to which shall be charged |
| (a) | all moneys allocated by the Institute under section 5; |
| (b) | the expenses incurred by the Institute in performing its functions and exercising its powers under this Act and generally in administering this Act; |
| (c) | the salary and wages of, and other payments to or in respect of, officers and employees of the Institute; and |
| (d) | the remuneration and allowances payable pursuant to sections 15 and 24. |
(2) Any moneys standing to the credit of the Fund may, until required by the Institute for the purposes of this Act, be temporarily invested in such securities as the Treasurer approves and all income derived from any such investment shall be paid to the credit of the Fund.
Accounts
| 27. (1) The Board shall cause to be kept proper accounts and records of the transactions and affairs | and financial |
| statements. | |
| of the Institute and shall cause to be prepared in respect of each financial year of the Institute financial statements in such form as the Minister approves. |
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(2) The Board shall submit the financial state- ments prepared under subsection (1) for examina- tion and report by the Auditor General.
(3) The Auditor General has, in respect of the accounts and records referred to in subsection (1), all the powers conferred on him by the Audit Act 1904.
PART VI-MISCELLANEOUS.
Staff of
| Institute. | 28. (1) The Institute may appoint such officers and employees as it thinks necessary for the purposes of this Act. |
| (2) Persons appointed under subsection (1) may be employed on a full time or part time basis. | |
| (3) Subject to any relevant award or industrial agreement, the terms and conditions of employ- ment of persons appointed under subsection (1), including the salary or wages payable, are such terms and conditions as are determined by the Minister on the recommendation of the Public Service Board. |
The Public Service Act 1978 does not apply
to or in relation to persons appointed under sub-
section (1).
(4)
Professional
| or technical | 29. The Institute may, with the approval of the Minister, engage under contract for services such professional and technical or other assistance as may be necessary to enable the Institute to perform effectively its functions under this Act. |
| assistance. | |
| Use of |
| staff and | 30. (1) The Institute may by arrangement |
| facilities | |
| of Depart- |
| ments and | (a) with the Minister and on such terms and conditions as are determined by the Minister, make use, either full time or part time, of- |
| instrument- | |
| alities. |
(i) the services of any officer or employee of the Department of Mines; or
(ii) any facilities of the Department of Mines;
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| (b) | with the Minister concerned and on such terms and conditions as may be mutually arranged with that Minister, make use, either full time or part time, of- |
(i) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in right of the State; or
(ii) any facilities of a Department of the Public Service of the State or of a State instrumentality.
(2) For the purpose of the performance of the functions of the Institute, the Institute shall endea- vour as far as practicable to make use of services and facilities in accordance with arrangements made under subsection (1).
Institute
| 31. (1) If the Institute has allocated funds to a | may require |
| person to enable the person to undertake or continue | information and |
| a mining or petroleum research project the Institute | terminate |
| may, by notice in writing served on the person, | assistance. |
| require the person to furnish to the Institute within such period as is specified in that notice such infor- mation by way of reports, data or other evidence of funds expended, work conducted and progress made in relation to that project as the Institute requires by that notice for the purposes of this Act. | |
| (2) A person, when required by a notice served under subsection (1) to furnish any information to the Authority |
| (a) | shall comply with that notice; and |
| (b) | shall not knowingly furnish any false or misleading information to the Institute. |
Penalty: $1 000.
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(3) If the Institute has allocated funds to a person to enable the person to undertake or continue a mining and petroleum research project and the Board is satisfied that the person-
| (a) | has failed or is failing to undertake or continue the mining and petroleum research project in accordance with terms and conditions agreed between him and the Institute; or |
| (b) | is unable to complete the mining and petroleum research project, |
the Institute may, by notice in writing served on the person, terminate the allocation of funds to the person in respect of that project and, in that event, any funds that have already been so allocated to the person but have not yet been expended by him are recoverable by the Institute by action in a court of competent jurisdiction as a debt due and payable to the Institute.
| Secrecy. | 32. (1) This section applies to every person who is or has been a director, is acting or has acted in the office of the Board Chairman or a director, is or has been a member or a deputy of a member, is or has been an officer or employee of the Institute or is rendering or has rendered services to the Institute under section 29 or 30. |
| (2) A person to whom this section applies shall not, either directly or indirectly, except in the per- formance of a function or duty under or in con- nection with this Act |
| (a) | make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or |
| (b) | produce to any person any document relating to the affairs of another person furnished for the purposes of this Act. |
| 1981.] | Mining and Petroleum Research. [No. 2. |
(3) Subject to subsection (4), if a person discloses
information to the Institute concerning his affairs and indicates to the Institute that he wishes that information to be treated as an industrial or trade secret then, except with the consent of that person-
| (a) | a person to whom this section applies shall not make any public disclosure of that information; and |
| (b) | that information shall not be included in the annual report or financial statements furnished under section 35(2). |
(4) Subsection (3) does not apply to any informa- tion that the Institute has, or might have, required to be furnished under section 31(1).
(5) When moneys referred to in section 25(1) (b)
are made available subject to any trust, condition or stipulation that they be applied towards a specified mining or petroleum research project, then, except with the consent of the person by whom those moneys were made available
| (a) | a person to whom this section applies shall not make any public disclosure of any information concerning the nature, conduct, progress or results of that project; and |
| (b) | no information concerning the nature, conduct, progress or results of that project shall be included in the annual report or financial statements furnished under section 35(2). |
(6) A person to whom this section applies shall not contravene or fail to comply with a provision of this section.
Penalty: $10 000.
33. A person to whom section 32 applies is not Liability.
personally liable in civil proceedings, and the Crown in right of the State is not liable, for any act done,
| No. 2.] Mining and Petroleum Research. | [1981. |
default made, or statement issued by the Board, the Advisory Committee or any person to whom that section applies in good faith in the course of the operations of the Institute.
Records
The Board shall cause detailed records to be kept in relation to mining and petroleum research projects that the Institute has undertaken, either in its own right or in conjunction with any other person, or to which the Institute has allocated funds, including, without limiting the generality of the foregoing, records as to funds allocated, work undertaken, progress achieved and results obtained.
| to be | 34. |
maintained
Information
| and annual | 35. |
(1) The Board shall furnish the Minister with such information concerning the activities, achievements, expenditure and financial position of the Institute as the Minister may from time to time require.
report.
The Board shall as soon as practicable after the end of each financial year of the Institute furnish to the Minister a general report on the per- formance by the Institute of its functions during that financial year, together with the financial statements prepared in respect of that financial year under section 27 (1).
(2)
(3) The Minister shall cause the report and financial statements furnished under subsection (2), together with the report of the Auditor General on those financial statements, to be laid before each House of Parliament as soon as practicable after receiving them from the Board.
Regulations. 36. The Governor may make regulations prescrib- ing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.
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