Energy Research and Development Corporation Regulations (Repeal)

Overview

The Energy Research and Development Corporation Regulations (Repeal) 1998 No. 6 were enacted to repeal the Energy Research and Development Corporation Regulations under the Primary Industries and Energy Research and Development Act 1989. This legislation was introduced by the Australian Parliament to address fiscal constraints that necessitated the cessation of new investments in energy research and development through the ERDC. The policy objective behind the repeal was to align with the government's need for tight fiscal discipline, marking a shift towards industry-led funding in conjunction with other government assistance for energy research and development. The regulations came into effect on 1 July 1998, marking the end of ERDC's role in funding new energy R&D projects.

Scope and Application

The Energy Research and Development Corporation Regulations (Repeal) 1998 No. 6 pertains to the repeal of the regulations that governed the Energy Research and Development Corporation (ERDC) established under the Primary Industries and Energy Research and Development Act 1989. The ERDC, which was set up to foster advancements in energy supply and usage technologies, has been integral in promoting industry collaboration with government assistance in funding research. This legislative repeal, effective from 1 July 1998, responds to the government's decision to withdraw financial support for new energy R&D investments through the ERDC, reflecting a shift in policy aimed at achieving fiscal discipline. The repeal impacts the ERDC and the entities involved in energy research and development, effectively ending the regulatory framework that had been in place since 1990. Any further regulation or support for energy research and development would subsequently need to be addressed through alternative legislative or policy measures.

Key Provisions

The Energy Research and Development Corporation Regulations (Repeal) 1998 No. 6 primarily focuses on the cessation of funding for new investments in energy research and development through the Energy Research and Development Corporation (ERDC), established under Section 8 of the Primary Industries and Energy Research and Development Act 1989 (Section 1). The regulations were enacted due to fiscal constraints, reflecting the government's decision to withdraw support for new projects, thereby marking the end of the ERDC's role in funding energy research and development initiatives. This transition was intended to encourage the private sector to take a more prominent role in funding research, in conjunction with other government assistance, as highlighted in the explanatory statement. The obligations imposed by these regulations are primarily directed towards the ERDC and any entities it was funding at the time of the repeal. Under Section 2 of the regulations, the ERDC is mandated to cease all new investments in energy research and development projects as of the commencement date of the regulations, which was 1 July 1998. Additionally, any ongoing projects must be concluded or transitioned in accordance with the provisions set forth in the regulations. This includes ensuring that any research activities in progress are completed or appropriately handed over to other funding bodies. The consequences of breaching the regulations are not explicitly detailed within the text of the Energy Research and Development Corporation Regulations (Repeal) 1998 No. 6. However, it can be inferred that failure to adhere to the mandated cessation of new investments could result in non-compliance with government directives. While specific penalties or legal consequences are not stated, non-compliance could potentially lead to administrative or financial repercussions under the broader governance framework of the Primary Industries and Energy Research and Development Act 1989. It is also likely that the ERDC would face scrutiny and possible oversight from relevant government bodies to ensure the transition is managed effectively. In summary, the Energy Research and Development Corporation Regulations (Repeal) 1998 No. 6 require the cessation of new investments by the ERDC in energy research and development, transitioning the funding responsibility to the private sector. The regulations impose clear obligations on the ERDC to discontinue funding new projects and to ensure ongoing projects are appropriately concluded. While specific penalties for non-compliance are not detailed, such breaches could lead to administrative consequences and oversight by relevant government bodies.