Australian Science, Technology and Engineering Council Repeal Act 1998

Legislation au C2004A05355 In force Act

Legislation content

 

 

 

 

Australian Science, Technology and Engineering Council Repeal Act 1998

 

No. 42, 1998

 

 

 

 

 

 

 

 

 

 

Australian Science, Technology and Engineering Council Repeal Act 1998

 

No. 42, 1998

 

 

 

 

An Act to repeal the Australian Science, Technology and Engineering Council Act 1978, and for other purposes

 

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Repeal of the Australian Science, Technology and Engineering Council Act 1978              3

 

Australian Science, Technology and Engineering Council Repeal Act 1998

No. 42, 1998

 

 

 

An Act to repeal the Australian Science, Technology and Engineering Council Act 1978, and for other purposes

[Assented to 17 June 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Science, Technology and Engineering Council Repeal Act 1998.

2  Commencement

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

 (2) Subject to subsection (3), section 3 and Schedule 1 commence on a day to be fixed by Proclamation.

 (3) If section 3 and Schedule 1 do not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, that section and Schedule commence on the day after the end of that period.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Repeal of the Australian Science, Technology and Engineering Council Act 1978

 

1  The whole of the Act

Repeal the Act.

2  Council to continue in existence for purposes of making a final report to the Minister

(1) Despite the repeal effected by item 1, the Australian Science, Technology and Engineering Council (the Council) continues in existence for the purpose of performing its functions under this item.

(2) As soon as practicable after the commencement of this Schedule, the Council must prepare and give to the Minister a report of the operations of the Council during the period that began on 1 July 1997 and ended at that commencement.

(3) Subject to subitem (4), the report is to set out all requests made by the Minister under subsection 6(1) of the Australian Science, Technology and Engineering Council Act 1978 (the repealed Act), and all directions given by the Minister under section 8 of that Act, during the period to which the report relates.

(4) The report must not, without the Minister’s consent, disclose the contents of a report given to the Minister under section 6 of the repealed Act before the last‑mentioned report has been laid before either House of the Parliament.

(5) Subject to subitem (6), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.

(6) If the laying of the report before the Parliament in accordance with subitem (5) would result in:

 (a) the disclosure of information that would, in the Minister’s opinion, be contrary to the public interest because it would prejudice:

 (i) Australia’s security, defence or international relations; or

 (ii) relations between the Commonwealth and any State; or

 (b) the disclosure of information received by the Council in confidence;

the Minister must either:

 (c) cause the report to be laid before the Parliament with such deletions as the Minister thinks necessary to avoid that result; or

 (d) ensure that the report is not laid before the Parliament until the Minister is satisfied that laying the report before the Parliament would not have that result.

(7) The Council ceases to exist at the end of the day on which the report is received by the Minister.

(8) The Minister may give a written certificate specifying the day on which the report is received by him or her. Unless the contrary is established, a certificate so given is conclusive evidence that the report was received by the Minister on the day specified in the certificate.

3  Protection against actions

(1) No action, suit or other proceeding lies:

 (a) against a person who is or has been:

 (i) a member of the Australian Science, Technology and Engineering Council (the Council); or

 (ii) a member of a committee of the Council appointed under section 24 of the Australian Science, Technology and Engineering Council Act 1978 (the repealed Act); or

 (iii) a member of the staff of the Council; or

 (iv) an officer or employee of a Commonwealth authority performing services for the Council; or

 (v) a consultant to the Council;

  for or in relation to anything done or omitted to be done in good faith for the purposes of the repealed Act or this Schedule; or

 (b) against any person for or in relation to the giving of any information by that person in good faith for the purposes of the repealed Act or this Schedule to:

 (i) the Council; or

 (ii) a committee appointed under section 24 of the repealed Act; or

 (iii) a person referred to in paragraph (a).

(2) This item does not limit or abridge any defence existing apart from this item.

4  Secrecy

(1) This item applies to a person who is or has been:

 (a) a member of the Australian Science, Technology and Engineering Council (the Council); or

 (b) a member of a committee of the Council appointed under section 24 of the Australian Science, Technology and Engineering Council Act 1978 (the repealed Act); or

 (c) a member of the staff of the Council; or

 (d) an officer or employee of a Commonwealth authority performing services for the Council; or

 (e) a consultant to the Council.

(2) A person to whom this item applies must not, either directly or indirectly, except for the purposes of the repealed Act or with the permission of the Minister:

 (a) make a record of, or divulge or communicate to any person, any information acquired by reason of his or her appointment under the repealed Act or in the performance of functions or duties, or the exercise of powers, under or in connection with the repealed Act or this Schedule; or

 (b) produce to any person a document supplied to, lodged with, or otherwise acquired by, the Council under the repealed Act or this Schedule.

Penalty: 30 penalty units.

(3) The Minister must not give permission under subitem (2) in relation to any information or document if:

 (a) the information or document was received by the Council in confidence and was not obtainable by the Council otherwise than in confidence; or

 (b) the granting of permission would be contrary to the public interest because it would prejudice:

 (i) Australia’s security, defence or international relations; or

 (ii) relations between the Commonwealth and any State.

(4) If particular information or a particular document is not information or a document in relation to which permission has been given by the Minister under subitem (2), a person to whom this item applies must not be required to divulge or communicate the information to a court, or to produce the document in a court, except where it is necessary to do so for the purposes of the repealed Act or this Schedule, or for the purposes of proceedings under, or arising out of, the repealed Act or this Schedule.

(5) The Minister may give permission under subitem (2) in relation to particular information or information included in specified classes of information or in relation to a particular document or documents included in specified classes of documents.

(6) In this item:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

document includes any record.

produce includes permit access to.

 

 

[Minister's second reading speech made in—

House of Representatives on 1 April 1998

Senate on 14 May 1998]

 

(46/98)


 

 

 

Overview

The Australian Science, Technology and Engineering Council Repeal Act 1998, enacted by the Parliament of Australia, serves to repeal the Australian Science, Technology and Engineering Council Act 1978. This legislation addresses the need to dismantle the former Council and establish a framework for its cessation while ensuring a smooth transition. The Act includes provisions for the Council to continue its operations temporarily to allow for the preparation and submission of a final report to the Minister. This report details the Council's operations from July 1, 1997, up until the Act's commencement, and includes any requests or directions made by the Minister during this period. Furthermore, the Act protects individuals associated with the Council from legal actions related to their roles under the repealed Act and mandates confidentiality for certain information and documents, barring their disclosure without appropriate authorization from the Minister. The objective of this Act is to formally dissolve the Australian Science, Technology and Engineering Council, ensuring that its functions and responsibilities are appropriately managed during its dissolution and beyond. The Act specifies the procedural steps for the Council's final report and outlines protections and secrecy requirements for those involved with the Council. This repeal signifies a legislative shift, reflecting the evolving needs and priorities of Australia's science, technology, and engineering sectors.

Scope and Application

The Australian Science, Technology and Engineering Council Repeal Act 1998 repeals the Australian Science, Technology and Engineering Council Act 1978, while also providing for the continuation of the Council in order to prepare a final report for the Minister. This Act applies to the Australian Science, Technology and Engineering Council and its members, staff, officers, employees, and consultants. It has a Commonwealth jurisdictional reach, as it is enacted by the Parliament of Australia. The Act does not explicitly state any exclusions or exemptions, but it does provide provisions for the protection of individuals against actions and the secrecy of information obtained in the performance of their duties under the repealed Act. The Act may be extended or restricted in its application through subordinate instruments, as indicated by the power of the Minister to give permission for the disclosure of certain information or documents under the Secrecy item.

Key Provisions

The Australian Science, Technology and Engineering Council Repeal Act 1998 (C2004A05355) primarily focuses on the repeal of the Australian Science, Technology and Engineering Council Act 1978 and establishes specific provisions for the continued existence of the Council. Section 1 states that the Act may be cited as the Australian Science, Technology and Engineering Council Repeal Act 1998. The commencement of the Act is detailed in Section 2, with the Act receiving Royal Assent and sections 3 and Schedule 1 commencing on a day fixed by Proclamation, or six months after Royal Assent if not otherwise specified. Section 3 of the Act outlines the repeal of the Australian Science, Technology and Engineering Council Act 1978, with the Council continuing to exist solely for the purpose of preparing a final report for the Minister. Section 1 of Schedule 1 details the repeal of the Australian Science, Technology and Engineering Council Act 1978, while Section 2 outlines that despite the repeal, the Council must prepare and submit a report to the Minister detailing its operations from 1 July 1997 until the commencement of this Schedule. This report must include all requests and directions from the Minister during the specified period, unless the disclosure would prejudice national security, international relations, or Commonwealth-State relations. The Minister is required to lay the report before Parliament within 15 sitting days, or make necessary deletions to avoid prejudice to the public interest. The Council ceases to exist upon the receipt of the report by the Minister, who may issue a certificate confirming this receipt. Section 3 of Schedule 1 provides immunity from legal proceedings for actions taken in good faith in relation to the repealed Act or the Schedule, and Section 4 imposes secrecy obligations on Council members and staff, prohibiting the disclosure of information or documents acquired in connection with the repealed Act without the Minister’s permission. The Act imposes several obligations on the Council and its members, including the preparation and submission of a final report to the Minister detailing the Council's operations, and compliance with secrecy obligations regarding information and documents acquired in connection with the repealed Act. The Minister is tasked with reviewing the report, determining whether it should be laid before Parliament, and ensuring that any necessary deletions are made to avoid public interest harm. Additionally, the Minister must grant or withhold permission for the disclosure of confidential information or documents as required. Failure to comply with the secrecy obligations may result in a penalty of 30 penalty units. This Act does not create specific offences or criminal penalties for breach but rather focuses on the administrative and procedural obligations of the Council and the Minister.

Legal classification tags

Area of Law
Technology Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Prohibited Conduct
Protection against actions

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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.