EXPLANATORY STATEMENT
Grant Guidelines made under section 60 of the Australian Research Council Act 2001
Discovery Program Grant Guidelines (2021 edition) Variation No. 1: Australian Laureate Fellowships Future Fellowships Discovery Early Career Researcher Award Discovery Indigenous Discovery Projects
Issued by the authority of the Minister for Education and Youth
Subject: Discovery Program Grant Guidelines (2021 edition) Variation No. 1
Authority
Section 60 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve Australian Research Council (ARC) Grant Guidelines.
Purpose and effect
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). These Grant Guidelines relate to schemes funded under the Discovery Program of the National Competitive Grants Program. The Discovery Program supports the growth of Australia’s research and innovation capacity, which generates new knowledge resulting in the development of new technologies, products and ideas, the creation of jobs, economic growth and an enhanced quality of life in Australia. In particular, these rules relate to the Australian Laureates Fellowships scheme, the Future Fellowships scheme, the Discovery Early Career Research Awards scheme, Discovery Indigenous and the Discovery Projects scheme.
A variation to these rules was approved under section 61 of the Act by the Minister for Education and Youth, the Hon Stuart Robert, on 16 March 2022. Detail of the approved variation to the Discovery Program Grant Guidelines (2021 edition) Variation No. 1:
Variation:
Discovery Projects has been added to the Discovery Program Grant Guidelines.
Guidelines reference: Part E, and throughout Guidelines as applicable.
Commencement
The Discovery Program Grant Guidelines (2021 edition) Variation No. 1 shall take effect day after registration on the Federal Register of Legislation.
The provisions include
These Guidelines contain information relating to the Grant Guidelines for schemes under the Discovery Program Grant Guidelines (2021 edition) Variation No. 1, this includes: grant amount, eligibility, assessment criteria, application process and delivery or grant activities.
Consultation
The ARC consulted with the Department of Finance and the Department of Prime Minister and Cabinet and they have determined the Grant Guidelines as low risk.
Regulatory Impact Statement
These Grant Guidelines include a number of measures that reduce regulatory burden on the higher education sector. This includes coordination with the National Health and Medical Research Council (NHMRC) to produce a timeline that minimises the burden on the sector in relation to preparation and submission of proposals
Statement of compatibility with human rights
Section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights, as it does not raise any human rights issues.
Senate Standing Order 23 (4a) – Standing Committee for the Scrutiny of Delegated Legislation
The Discovery Program Grant Guidelines (2021 edition) Variation No.1 is exempt from disallowance because it is an instrument containing a set of rules made under section 60 of the Australian Research Council Act 2001 (ARC Act) and, Section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015, relevantly provides that legislative instruments made under section 60 of the ARC Act are not subject to disallowance.
The application of section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015 to the Guidelines, allowing for exemption from disallowance, is appropriate because the legislative instrument was made in accordance with the enabling Act, the Legislation Act and other applicable Acts and does not contain matter more appropriate for an Act of Parliament.
Legislation (exemption and other matters) Regulations 2015
Section 10 – Particular legislative instruments that are not subject to disallowance
Item 7 – Legislative Instruments
(a) A rule made under section 60 of the Australian Research Council Act 2001;
(b) A variation of a set of rules made under section 61 of the Act.