Appointment of a Cooperative Research Centres Research Centres Advisory Committee

Overview

The Industry Research and Development Act 1986 was enacted to address the need for fostering and facilitating research and development in Australian industries, particularly through the establishment of cooperative research centres. This Act was passed by the Parliament of Australia with the overarching policy objective of enhancing innovation and competitiveness within Australian industries by supporting collaborative research initiatives. The 1986 Act provides a legislative framework that enables the creation of cooperative research centres designed to bring together industry, research organisations, and government to address complex research problems. The establishment of a Cooperative Research Centres Advisory Committee, as evidenced by the appointment made under section 22(1) of the Act, is intended to ensure that the Board of Innovation Australia receives expert guidance in exercising its functions related to the directions specified in sections 18, 19, and 20 of the Act, thereby facilitating effective governance and strategic alignment of research initiatives with national interests.

Scope and Application

The Industry Research and Development Act 1986 is an Australian federal statute that primarily applies to the establishment and management of Cooperative Research Centres (CRCs) within Australia. The Act facilitates collaboration between industry, research institutions, and government in the development of research and innovation. The Act applies to entities involved in research and development activities, specifically those participating in CRCs, which are innovative entities formed to undertake collaborative research projects. These CRCs can involve various industries, and the Act is intended to foster technological and scientific advancement by encouraging industry-led research. Geographically, the Act applies throughout the Commonwealth of Australia, and its provisions are enforced nationally. While the Act broadly aims to enhance research and development, specific exclusions or exemptions are not detailed within the scope of this particular legislative instrument, which pertains to the appointment of an advisory committee. The application and interpretation of the Act may be further extended or refined through subordinate instruments, such as regulations or directions issued by the Minister, which provide specific operational guidelines and criteria for CRCs.

Key Provisions

The key operative sections of the Industry Research and Development Act 1986, as highlighted in the appointment instrument, involve the establishment of a Cooperative Research Centres Advisory Committee. Specifically, section 22(1) of the Act provides the authority for the Minister for Industry and Science to appoint such a committee. This committee is intended to assist the Board of Innovation Australia in exercising its powers and functions as directed under sections 18, 19, and 20 of the Act. These sections relate to the general provisions for the establishment and management of Cooperative Research Centres (CRCs), ensuring that the research and development activities align with national priorities and standards. The appointment of the Cooperative Research Centres Advisory Committee imposes several obligations on its members and Innovation Australia. Firstly, the committee is tasked with providing expert advice and recommendations to Innovation Australia on matters related to CRCs, including the establishment, operation, and dissolution of these centres. Members of the committee must act in good faith, with due diligence, and in the best interests of promoting high-quality research and development activities. Additionally, Innovation Australia is required to consult with the committee on significant decisions affecting CRCs, ensuring that the advice is considered in the decision-making process. Breaches of the obligations and requirements set out in the Industry Research and Development Act 1986 can lead to various consequences. While the specific penalties for non-compliance are not detailed in the appointment instrument, the Act generally provides for both civil and criminal penalties for violations. Civil penalties may include fines and other monetary penalties, while criminal penalties could result in imprisonment, depending on the severity and nature of the breach. For instance, under section 157 of the Act, individuals or entities found guilty of misleading or deceptive conduct in relation to research and development activities may face substantial fines and potential imprisonment. It is important for all parties involved to adhere strictly to the provisions of the Act to avoid these potential consequences.