Australian Research Council Act 2001 - Variation to the Linkage Projects Funding Rules for funding commencing in 2009 (02/04/2008)

Overview

The Australian Research Council Act 2001, enacted by the Australian Parliament, aims to support and promote research and development across the nation. It establishes the Australian Research Council (ARC) to provide competitive grants and funding to foster research excellence and innovation. The Act's policy objective is to enhance Australia's research capabilities and capacity by supporting high-quality research projects that contribute to economic growth, social well-being, and environmental sustainability. To facilitate this, the Act allows the Minister for Innovation, Industry, Science and Research to vary funding rules, such as those governing Linkage Projects, which support collaborative research between higher education institutions and other parts of the national innovation system. The 2008 variation to the Linkage Projects Funding Rules, for instance, was aimed at improving the funding framework to better support research activities and international collaborations.

Scope and Application

The Variation to Funding Rules made under section 61 of the Australian Research Council Act 2001 applies to the Linkage Projects Funding Rules for funding commencing in 2009. This scheme is a part of the Australian Research Council's National Competitive Grants Program and is designed to support research and development projects that involve collaboration between higher education researchers and other parts of the national innovation system. The variation to these rules applies to entities and individuals participating in these collaborative research and development projects, including Chief Investigators (CIs), Partner Investigators (PIs), Australian Post-doctoral Industrial Fellows (APDIs) and research support personnel. The jurisdiction of this Act is national, as it is a Commonwealth legislation, and it applies across Australia. The Act does not specify any exclusions, exemptions, or thresholds. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further details or clarifications on the implementation of the funding rules.

Key Provisions

The main operative sections of this variation to the Linkage Projects Funding Rules (subsections 4.1.3, 5.1.1, 5.1.1.d, 6.4.2.e, 6.5.2.e, 8.1, 11.1.2.1, A2.3.7, A3.1.2) involve several changes. Firstly, the word "January" in subsection 4.1.3 is replaced with "March". Secondly, subsection 5.1.1.d is deleted and replaced to clarify that funding is permitted for domestic and international travel associated with a project, including to foster and strengthen collaborations between researchers in Australia and overseas (subsection 6.4.2.e). Thirdly, new subsections are inserted into subsection 5.1.1 to relax citizenship and residency requirements for APAI students and to provide preference for APDIs to candidates who have the potential to enhance international collaboration (subsection 11.1.2.1). Fourthly, subsection 6.4.2.e is deleted and replaced to clarify that funding is permitted for domestic and international travel costs for CIs, PIs, APDIs and research support personnel. Fifthly, subsection 6.5.2.e is deleted and replaced to clarify that funds are not provided for PIs, apart from short-term project support for investigators visiting from overseas, domestic and international travel associated with a project, and salary funding for approved LIF Fellows. Sixthly, the section numbering against the note at subsection 8.1.4 is deleted and subsections 8.1.5 to 8.1.13 are re-numbered as subsections 8.1.4 to 8.1.12. Seventhly, the text "Preference may be given to award APDIs to candidates who have the potential to enhance international collaboration" is inserted at the end of subsection 11.1.2.1. Eighthly, in A2.3.7 of Appendix 2, the words "in any year" are deleted and replaced with "per year". Ninthly, in A3.1.2 of Appendix 3, subsection A.3.1.2.a is deleted and subsections A3.1.2.b to A3.1.2.f are re-numbered as subsections A.3.1.2.a to A3.1.2.e. Tenthly, throughout the entire document, "9 May 2008" is replaced with "23 May 2008". The obligations and requirements imposed on the parties or entities governed by the Act include the requirement to comply with the funding rules for Linkage Projects. The Minister for Innovation, Industry, Science and Research is responsible for approving the rules and any variations. The rules set out the eligibility criteria for applicants, the selection process, and the conditions for the provision of funding. The obligations and requirements also include the need to foster and strengthen collaborations between researchers in Australia and overseas, and to provide preference for APDIs to candidates who have the potential to enhance international collaboration. Any breaches of the Act may result in offences, penalties, or civil/criminal consequences. The maximum penalties for offences under the Australian Research Council Act 2001 include fines of up to $21,000 for individuals and $105,000 for bodies corporate, as well as imprisonment for up to two years. The penalties for breaches of the funding rules may also include the recovery of funds already provided, and the exclusion of the offender from future funding opportunities. It is important for parties or entities governed by the Act to ensure that they comply with the obligations and requirements set out in the Act to avoid any potential penalties or consequences.