Education Research Act 1970

Administered by Department of Industry, Science and Resources

Legislation au C1970A00112 Not in force Act

Legislation content

Education Research

No. 112 of 1970

An Act to assist Research in connexion with Education.

[Assented to 11 November 1970]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Education Research Act 1970.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Definitions.

3. In this Act, unless the contrary intention appears—

research means systematic investigation in a particular field;

research project means a project for research in connexion with education, and includes such a project to be carried out, either wholly or in part, outside Australia;

Territory means a Territory forming part of the Commonwealth;

training includes training or instruction received in the course of carrying out research.

Grants to States for approved research projects.

4.—(1.) Subject to section 7 of this Act, the Minister may authorize the payment to a State, in respect of a research project approved by him, of such amounts as he determines.

(2.) A payment to a State under this section is by way of financial assistance to the State on the condition that the amount of the payment will be applied by the State, in a manner approved by the Minister, for the purposes of expenditure in connexion with the research project in respect of which it is paid.

Payments for approved research projects to institutions, &c, in a Territory.

5. The Minister may authorize the making, on behalf of the Commonwealth, of an agreement with—

(a) a body or institution established in a Territory; or

(b) a person resident, or ordinarily resident, in a Territory,

for or in relation to the carrying out by that body, institution or person of a research project approved by the Minister, and for the making of payments by the Commonwealth to that body, institution or person, for the purposes of the agreement, on the terms and conditions contained in the agreement.

Benefits to persons undertaking courses of training.

6.—(1.) Where the Minister considers that a person who wishes to engage in research in connexion with education would be assisted in so doing by a particular course of training, the Minister may approve the grant of assistance under this section to the person in connexion with that course of training.

(2.) An approval under the last preceding sub-section may relate to a course of training to be undertaken, either wholly or in part, outside Australia.

(3.) Where an approval is given under sub-section (1.) of this section, the Minister may authorize—

(a) the payment to the person during the period of the course of training of a living allowance at such rate, and subject to such conditions, as the Minister determines; and


(b) the payment to the person of, or the reimbursement of the person in respect of, the whole or a part of the fees, or of any other expenses, of the person in connexion with the course of training.

Moneys to be appropriated.

7. Payments in accordance with this Act are payable out of moneys appropriated by the Parliament for the purposes of this Act.

Annual report.

8.—(1.) The Minister shall, as soon as practicable after each thirtieth day of June, cause to be laid before each House of the Parliament a report on the operation of this Act during the year that ended on that date, including the following particulars:—

(a) a description of each research project approved by the Minister during that year;

(b) in respect of each research project so approved, the name of the person by whom, or the body or institution by which, the research project is to be carried out;

(c) the amount of the payments made during that year in respect of each research project, whether the project was approved during that year or during a preceding year;

(d) a description of each course of training in connexion with which a grant of assistance has been approved by the Minister during that year; and

(e) the rate and amount of any living allowance, and the amount of any payments in respect of fees or other expenses, paid during that year under each grant of assistance approved by the Minister, whether the grant was approved during that year or during a preceding year.

(2.) Each report shall include a statement of the principles and procedures followed by the Minister during the year to which the report relates in approving research projects.

Regulations,

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular—

(a) making provision for or in relation to the furnishing of information by persons for the purposes of this Act; and

(b) providing for penalties, not exceeding a fine of One hundred dollars, for offences against the regulations.

Overview

The Education Research Act 1970 was enacted to support educational research by providing financial assistance to states, territories, institutions, and individuals involved in research projects related to education. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into effect on the day of Royal Assent. The primary objective of the Act is to facilitate systematic investigation in the field of education by authorising grants to states and territories for approved research projects, and by supporting individuals undertaking relevant training courses, either within Australia or abroad. The Act also mandates annual reporting on the approved research projects and the financial assistance provided. The funds for these payments are appropriated by the Parliament, and the Governor-General has the authority to make regulations necessary for the Act’s implementation, including provisions for penalties for regulatory offences.

Scope and Application

The Education Research Act 1970 aims to facilitate research in the field of education by providing financial assistance and support. The Act applies to States and Territories within Australia and allows the Minister to authorize payments for approved research projects to States, educational institutions, or individuals in these regions. Additionally, it enables the Minister to provide financial assistance for individuals undertaking specific training courses related to educational research, which can be conducted within or outside Australia. The Act’s provisions are implemented through appropriations by the Parliament and are subject to annual reporting requirements that detail the approved research projects, associated payments, and training grants. The scope of the Act can be extended through regulations made by the Governor-General, which include provisions for information collection and penalties for regulatory breaches. The Act does not specify any exclusions or exemptions, and its application is not restricted by geographical or jurisdictional boundaries beyond the Commonwealth of Australia.

Key Provisions

The Education Research Act 1970, as enacted, primarily seeks to provide financial support for educational research projects and training related to these projects. Section 4(1) allows the Minister to authorise payments to a State for an approved research project. These payments are to be used as specified by the Minister for the purpose of the research project. Section 5 extends this provision, enabling the Minister to enter into agreements with bodies or individuals in a Territory for approved research projects, including the making of payments under the terms of such agreements. Section 6 provides for the Minister to approve financial assistance for a course of training that would assist a person in engaging in educational research. This assistance can include living allowances, tuition fees, or other expenses related to the training. The Act imposes specific obligations on the Minister, who must ensure that payments and approvals are made in accordance with the legislative requirements. Section 4(2) stipulates that payments to States are contingent upon the approved application of these funds for the specified research project. Similarly, Section 5 requires that agreements entered into with entities in a Territory must be for approved research projects and must include the terms and conditions of payments. Under Section 6, the Minister must consider the suitability of a training course for a person wishing to engage in educational research and may approve financial assistance, which can include allowances, tuition fees, or other expenses. Failure to comply with the provisions of this Act or the regulations made under it can result in penalties. Section 9 empowers the Governor-General to make regulations that include penalties not exceeding a fine of One hundred dollars for offences against the regulations. However, the Act itself does not specify maximum penalties for breaches of its provisions beyond what is outlined in the regulations. The requirement to submit an annual report under Section 8(1) ensures transparency and accountability in the operation of the Act, with detailed information on approved projects, payments, and training grants.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Payments & Funding
Reporting & Disclosure Obligations

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Authorises

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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.