Australian Institute of Marine Science Amendment Act 2005

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Legislation au C2005A00054 In force Act

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Australian Institute of Marine Science Amendment Act 2005

 

No. 54, 2005

 

 

 

 

 

An Act to amend the Australian Institute of Marine Science Act 1972, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Representation by James Cook University

Australian Institute of Marine Science Act 1972

Part 2—Chief Executive Officer of the Australian Institute of Marine Science

Australian Institute of Marine Science Act 1972

 

 

 

Australian Institute of Marine Science Amendment Act 2005

No. 54, 2005

 

 

 

An Act to amend the Australian Institute of Marine Science Act 1972, and for related purposes

[Assented to 25 May 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Institute of Marine Science Amendment Act 2005.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Part 1—Representation by James Cook University

Australian Institute of Marine Science Act 1972

1  After paragraph 12(1)(b)

Insert:

 (ba) a member nominated by James Cook University; and

2  Section 16

Before “If a member”, insert “(1)”.

3  At the end of paragraph 16(a)

Add “or”.

4  At the end of paragraph 16(c)

Add “or”.

5  After paragraph 16(c)

Insert:

 (d) is covered by subsection (2);

6  At the end of section 16

Add:

 (2) A member is covered by this subsection if:

 (a) the member is appointed under paragraph 12(1)(ba) on the basis of a nomination by James Cook University; and

 (b) the University notifies the Minister in writing that the nomination is withdrawn.


Part 2—Chief Executive Officer of the Australian Institute of Marine Science

Australian Institute of Marine Science Act 1972

7  Subsection 5(1)

Insert:

Acting Chief Executive Officer means an acting Chief Executive Officer of the Institute appointed under section 30.

8  Subsection 5(1) (definition of Acting Director)

Repeal the definition.

9  Subsection 5(1) (definition of acting member)

Omit “Acting Director”, substitute “Acting Chief Executive Officer”.

10  Subsection 5(1) (definition of member)

Omit “Director”, substitute “Chief Executive Officer”.

11  Subsection 5(1)

Insert:

the Chief Executive Officer means the Chief Executive Officer of the Institute appointed under section 21.

12  Subsection 5(1) (definition of the Director)

Repeal the definition.

13  Section 10A

Omit “Director” (wherever occurring), substitute “Chief Executive Officer”.

14  At the end of paragraph 12(1)(a)

Add “and”.

15  Paragraph 12(1)(b)

Omit “Director”, substitute “Chief Executive Officer”.

16  Section 20A

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 20A is altered by omitting “Director” and substituting “Chief Executive Officer”.

17  Part IV (heading)

Repeal the heading, substitute:

Part IV—Chief Executive Officer of the Institute

18  Section 21

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 21 is altered by omitting “Director” and substituting “Chief Executive Officer”.

19  Subsection 22(1)

Omit “Director”, substitute “Chief Executive Officer”.

20  Section 23

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 23 is altered by omitting “Director” and substituting “Chief Executive Officer”.

21  Subsection 24(1)

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 24 is altered by omitting “Director” and substituting “Chief Executive Officer”.

22  Subsection 24(2)

Omit “Director”, substitute “Chief Executive Officer”.

23  Subsection 25(1)

Omit “Director”, substitute “Chief Executive Officer”.

24  Subsection 25(2)

Omit “Director”, substitute “Chief Executive Officer”.

25  Section 26

Omit “Director” (wherever occurring), substitute “Chief Executive Officer”.

26  Section 27

Omit “Director”, substitute “Chief Executive Officer”.

27  Section 28

Omit “Director” (wherever occurring), substitute “Chief Executive Officer”.

Note: The heading to section 28 is altered by omitting “Director” and substituting “Chief Executive Officer”.

28  Subsection 29(1)

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 29 is altered by omitting “Director” and substituting “Chief Executive Officer”.

29  Subsection 29(2)

Omit “Director”, substitute “Chief Executive Officer”.

30  Subsection 30(1)

Omit “Director”, substitute “Chief Executive Officer”.

Note: The heading to section 30 is altered by omitting “Director” and substituting “Chief Executive Officer”.

31  Subsection 30(3)

Omit “Director”, substitute “Chief Executive Officer”.

32  Paragraph 30(4)(a)

Omit “Director”, substitute “Chief Executive Officer”.

33  Subsection 30(6)

Omit “Director” (wherever occurring), substitute “Chief Executive Officer”.

34  Subsection 30(7)

Omit “Director”, substitute “Chief Executive Officer”.

 

 

[Minister’s second reading speech made in—

House of Representatives on 10 February 2005

Senate on 10 March 2005]

(9/05)

 

Overview

The Australian Institute of Marine Science Amendment Act 2005 was enacted to revise the Australian Institute of Marine Science Act 1972. This legislative amendment was introduced to address certain governance and structural issues within the Institute. The Parliament of Australia enacted this Act to provide clarity and update the roles and responsibilities within the Institute, particularly in terms of the appointment of members and the definition and duties of the Chief Executive Officer. The overarching policy objective of this Act is to enhance the governance and operational efficiency of the Australian Institute of Marine Science by ensuring that the roles and functions within the Institute are clearly defined and appropriately represented. The Act makes significant changes to the representation on the Institute's Council by including a member nominated by James Cook University and provides specific conditions under which a nominated member can be removed. Additionally, the Act redefines various terms and roles within the Institute, replacing the term "Director" with "Chief Executive Officer" and introducing the role of an "Acting Chief Executive Officer". These amendments aim to streamline the management structure and clarify the appointment process for the Chief Executive Officer, thereby improving the overall governance framework of the Institute.

Scope and Application

The Australian Institute of Marine Science Amendment Act 2005 amends the Australian Institute of Marine Science Act 1972 to update the governance structure of the Australian Institute of Marine Science (AIMS). This Act applies to the AIMS, its members, and the Chief Executive Officer of the Institute, introducing changes to the composition and operational procedures of the Institute's governing body. The Act provides for a member nominated by James Cook University to be included in the membership of the Institute, which impacts the appointment, tenure, and removal conditions for this specific member. Additionally, the Act redefines the role of the Director as the Chief Executive Officer, aligning the terminology and responsibilities with modern governance practices. This amendment is intended to enhance the efficiency and effectiveness of the Institute's operations. Geographically, the application of this Act is national, affecting the operations of the AIMS throughout Australia. The changes introduced by this legislation do not explicitly state any exclusions or exemptions, and it does not establish any new thresholds. The Act extends its application through amendments to the original Australian Institute of Marine Science Act 1972, ensuring that the updated provisions are incorporated into the existing legislative framework. The amendments are detailed in the Schedule to the Act, providing a clear and structured revision of the relevant sections and definitions within the original Act.

Key Provisions

The Australian Institute of Marine Science Amendment Act 2005 (C2005A00054) amends the Australian Institute of Marine Science Act 1972 to introduce several significant changes, primarily concerning the representation of James Cook University and the redefinition of the roles within the Institute. Under section 12(1)(b) of the original Act, a new member can now be nominated by James Cook University, enhancing the Institute's collaborative ties with the university (section 1). This change is detailed in the amendments to the Australian Institute of Marine Science Act 1972, which now includes a member nominated by James Cook University, who will serve under the conditions outlined in section 16(2) (section 2). The Act imposes several obligations on the parties involved. It requires that if James Cook University withdraws its nomination for a member, that member is no longer eligible to serve (section 16(2)). Additionally, the Act mandates the redefinition and restructuring of various roles within the Institute. For example, the term "Director" is replaced with "Chief Executive Officer" across multiple sections, indicating a shift in the leadership structure of the Institute (sections 10A, 12(1)(a), 20A, 21, 22(1), 23, 24(1), 24(2), 25(1), 25(2), 26, 27, 28, 29(1), 29(2), 30(1), 30(3), 30(4)(a), and 30(6)). In terms of compliance and enforcement, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, given the nature of legislative amendments, non-compliance with the provisions of this Act could potentially lead to legal repercussions under the broader framework of the Australian Institute of Marine Science Act 1972, which might include fines or other penalties as deemed appropriate by the relevant authorities.

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Area of Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.