Designation of a position in the Australian public service for the purpose of membership of the Cooperative 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 activities within industries in Australia. This legislation was introduced by the Parliament of Australia to establish a framework that supports industry-led research and development initiatives, aiming to enhance innovation, productivity, and economic growth. The policy objective of the Act is to ensure that research and development efforts are effectively aligned with the needs of the industry, thereby contributing to the overall advancement of Australia’s technological and scientific capabilities. The Act provides a mechanism for the designation of specific positions within the Australian Public Service to serve on advisory committees, such as the Cooperative Research Centres Advisory Committee, to ensure that expert advice is incorporated into the decision-making processes related to research and development funding and initiatives.

Scope and Application

The Industry Research and Development Act 1986 applies to designated positions within the Australian Public Service and is relevant for the membership of the Cooperative Research Centres Advisory Committee. Specifically, the Act designates the Deputy Secretary responsible for science and commercialisation policy in the Department of Industry and Science as a member of this committee, ensuring that the individual performing these duties at any given time is part of the committee. This Act operates within the Commonwealth jurisdiction and is instrumental in facilitating industry research and development activities by involving relevant public service officials in the advisory committee. There are no stated exclusions, exemptions, or thresholds within the scope of this particular designation, and its application is confined to the specified position within the Australian Public Service.

Key Provisions

The Industry Research and Development Act 1986, as amended by the Gazette C2015G00986, contains specific provisions relating to the designation of a position within the Australian Public Service for membership on the Cooperative Research Centres Advisory Committee. Under subsection 22(2) of the Act, the Minister for Industry and Science has the authority to designate a specific position within the Department of Industry and Science. In this instance, the Minister has designated the Deputy Secretary with responsibility for science and commercialisation policy (subsection 22(2)(i)). Additionally, the Minister determined that it is appropriate for the person performing the duties of this designated position to be a member of the Cooperative Research Centres Advisory Committee (subsection 22(2)(ii)). The Act imposes certain obligations on the parties it governs. The Minister for Industry and Science is responsible for designating a suitable position within the Department of Industry and Science. This position must have the requisite expertise and responsibilities pertinent to science and commercialisation policy. The individual occupying this position is expected to fulfil the duties of a member of the Cooperative Research Centres Advisory Committee, which includes participating in the committee's activities, providing expert advice, and contributing to the strategic direction of cooperative research centres in Australia. The Deputy Secretary, or the person performing the duties of that position, must also comply with any additional requirements or guidelines set by the Cooperative Research Centres Advisory Committee or the Minister. Failure to comply with the provisions of the Act may result in various consequences. While the Act itself does not specify explicit offences or penalties for non-compliance, breaches of the Act could potentially lead to civil or administrative actions. For instance, if the designated position is not adequately filled or if the person performing the duties fails to fulfil their obligations as a committee member, it could result in legal or administrative repercussions. Additionally, the Act may be subject to the general provisions of the Public Service Act 1999 and other relevant legislation, which could impose penalties for breaches of public service regulations or failure to perform official duties. The exact consequences would depend on the specific circumstances and the applicable laws at the time of the alleged breach.