Governance Review Implementation (Science Research Agencies) Act 2007

Administered by Department of Industry, Science and Resources

Legislation au C2007A00084 In force Act

Legislation content

 

 

 

 

 

 

Governance Review Implementation (Science Research Agencies) Act 2007

 

No. 84, 2007

 

 

 

 

 

An Act to amend the law relating to statutory agencies in the field of science research, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Australian Institute of Marine Science Act 1972

Schedule 2—Australian Nuclear Science and Technology Organisation Act 1987

Schedule 3—Science and Industry Research Act 1949

 

 

 

Governance Review Implementation (Science Research Agencies) Act 2007

No. 84, 2007

 

 

 

An Act to amend the law relating to statutory agencies in the field of science research, and for related purposes

[Assented to 21 June 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Governance Review Implementation (Science Research Agencies) Act 2007.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

21 June 2007

2.  Schedules 1, 2 and 3

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

10 September 2007

(see F2007L03555)

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Australian Institute of Marine Science Act 1972

 

1  Paragraph 20A(a)

Omit “the grant of leave to him or her by the Council”, substitute “him or her”.

2  Section 21

Omit “the Governor‑General on the recommendation of”.

3  Subsection 22(1)

Omit “(1)”.

4  Subsection 22(1)

Omit “7”, substitute “5”.

5  Subsection 22(1)

Omit “Governor‑General”, substitute “Council”.

6  Subsection 25(2)

Omit “Minister”, substitute “Council”.

7  Section 26

Omit “Governor‑General”, substitute “Council”.

8  Sections 27 and 28

Repeal the sections, substitute:

27  Termination of appointment

 (1) The Council may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

 (2) The Council may terminate the appointment of the Chief Executive Officer if:

 (a) the Chief Executive Officer becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

 (b) the Chief Executive Officer is absent, except on leave of absence granted by the Council, from 3 consecutive meetings of the Council; or

 (c) the Chief Executive Officer is absent from duty, except on leave of absence granted by the Council, for 14 consecutive days or for 28 days in any 12 months; or

 (d) the Chief Executive Officer fails, without reasonable excuse, to comply with his or her obligations under section 27F or 27J of the Commonwealth Authorities and Companies Act 1997; or

 (e) the Council is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.

9  Section 29

Omit “Minister” (wherever occurring), substitute “Council”.

10  Subsections 30(1), (3), (4) and (5)

Omit “Minister”, substitute “Council”.

11  Section 42

Repeal the section.

12  Application of amendments—Chief Executive Officer

(1) The amendments and repeals made by this Schedule apply to a person appointed after commencement as Chief Executive Officer.

(2) The instrument of appointment of the current Chief Executive Officer continues in effect after commencement, despite the amendments and repeals made by this Schedule.

(3) Subject to subitem (4), the old Act continues to apply, in relation to the current Chief Executive Officer, as if the amendments and repeals made by this Schedule had not happened.

(4) Subsection 25(2) of the Australian Institute of Marine Science Act 1972, as amended by this Schedule, has effect after commencement in relation to the current Chief Executive Officer.

(5) In this item:

commencement means the commencement of this item.

current Chief Executive Officer means the person who, immediately before commencement, held the office of Chief Executive Officer of the Australian Institute of Marine Science under section 21 of the old Act.

old Act means the Australian Institute of Marine Science Act 1972, as in force immediately before commencement.


Schedule 2—Australian Nuclear Science and Technology Organisation Act 1987

 

1  Subsection 3(1) (definition of appointed member)

Omit “Executive Director”, substitute “Chief Executive Officer”.

2  Subsection 3(1)

Insert:

Chief Executive Officer means the Chief Executive Officer of the Organisation.

3  Subsection 3(1) (definition of Executive Director)

Repeal the definition.

4  Subsection 3(1) (paragraph (a) of the definition of member of the staff of the Organisation)

Omit “Executive Director”, substitute “Chief Executive Officer”.

5  Subsection 9(1)

Repeal the subsection, substitute:

 (1) The Board consists of:

 (a) the Chief Executive Officer; and

 (b) at least 5, but not more than 8, other members.

6  Subsections 9(2), (7), (10), (11) and (12)

Omit “Executive Director”, substitute “Chief Executive Officer”.

7  Subsection 9(12)

Omit “is only one appointed member”, substitute “are fewer than 5 appointed members”.

8  After section 16

Insert:

16A  Chief Executive Officer not to take part in certain deliberations of Board

  The Chief Executive Officer:

 (a) must not take part in any deliberation or decision of the Board with respect to him or her; and

 (b) is to be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

9  Part IV (heading)

Repeal the heading, substitute:

Part IV—Chief Executive Officer

10  Subsection 18(1)

Omit “an Executive Director”, substitute “a Chief Executive Officer”.

Note: The heading to section 18 is replaced by the heading “Chief Executive Officer”.

11  Paragraph 18(3)(a)

Omit “Executive Director”, substitute “Chief Executive Officer”.

12  Section 19

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

Note: The heading to section 19 is altered by omitting “Executive Director” and substituting “Chief Executive Officer”.

13  Section 20

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

Note: The heading to section 20 is altered by omitting “Executive Director” and substituting “Chief Executive Officer”.

14  Section 21

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

15  Subsection 21A(1)

Omit “Executive Director”, substitute “Chief Executive Officer”.

16  Subsection 21A(2)

Omit all the words from and including “Executive” to and including “Minister”, substitute “Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board”.

17  Section 21B

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

18  Section 21C

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

19  At the end of section 21C

Add:

 (3) The Board may terminate the appointment of the Chief Executive Officer if the Board is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.

20  Section 22

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

21  Section 22

Omit “Minister”, substitute “Board”.

22  Section 23

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

Note: The heading to section 23 is altered by omitting “Executive Director” and substituting “Chief Executive Officer”.

23  Section 24

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

24  Section 31

Repeal the section.

25  Paragraph 42(1)(b)

Omit “, sections 11 and 17, subsections 26(1), (2), (9), (11), (15) and (16) and sections 28, 31”, substitute “and sections 11, 17”.

26  Section 45

Omit “Executive Director” (wherever occurring), substitute “Chief Executive Officer”.

Note: The heading to section 45 is altered by omitting “Executive Director” and substituting “Chief Executive Officer”.


Schedule 3—Science and Industry Research Act 1949

 

1  Section 7

Insert:

Deputy Chairperson means the Deputy Chairperson of the Board.

2  Section 7 (definition of member)

After “Chairperson”, insert “, the Deputy Chairperson”.

3  Subsections 8(2), (3) and (4)

Repeal the subsections, substitute:

 (2) The Organisation:

 (a) is a body corporate with perpetual succession; and

 (b) must have a seal; and

 (c) may acquire, hold and dispose of real and personal property; and

 (d) may sue and be sued.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers.

 (3) All courts, judges and persons acting judicially must:

 (a) take judicial notice of the imprint of the Organisation’s seal appearing on a document; and

 (b) presume that the document was duly sealed.

 (4) The seal of the Organisation must be kept in such custody as the Board directs and must not be used except as authorised by the Board.

4  Paragraph 9AA(1)(b)

Repeal the paragraph, substitute:

 (b) form, or participate in the formation of, a partnership or company;

5  Paragraph 9AA(1)(c)

After “improvement”, insert “that is”.

6  Paragraph 9AA(1)(d)

Omit “Minister”, substitute “Board”.

7  Subsection 9A(1)

Omit “Subject to the approval of the Minister and subject to any regulations that are applicable, the”, substitute “The”.

8  Subsection 9A(1A)

Repeal the subsection.

9  Subsection 10B(1)

Omit “Governor‑General”, substitute “Board”.

10  Subsection 10B(2)

Repeal the subsection, substitute:

 (2) The Board must consult with the Minister before appointing a person as Chief Executive.

11  Subsection 10B(4)

Omit “Minister”, substitute “Board”.

12  Subsection 10C(2)

Omit “Minister” (wherever occurring), substitute “Board”.

13  Section 10D

Omit “Governor‑General”, substitute “Board”.

14  Subsection 10E(1)

Omit “Governor‑General”, substitute “Board”.

15  Paragraph 10E(2)(d)

Omit “Minister”, substitute “Board”.

16  Paragraph 10E(2)(e)

Omit “Minister”, substitute “Board”.

17  Subsection 10E(2)

Omit “Governor‑General”, substitute “Board”.

18  At the end of section 10E

Add:

 (3) The Board may terminate the appointment of the Chief Executive if the Board is satisfied that the performance of the Chief Executive has been unsatisfactory for a significant period.

 (4) The Board must consult with the Minister before terminating the appointment of the Chief Executive.

19  Section 10F

Omit “Minister”, substitute “Board”.

20  Subsections 10G(1), (4), (6) and (7)

Omit “Minister”, substitute “Board”.

21  Section 12

Before “The”, insert “(1)”.

22  At the end of section 12

Add:

 (2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

23  Subsection 14A(4)

After “Chairperson of the Board”, insert “and another of the part‑time members to be the Deputy Chairperson of the Board”.

24  Subsection 14A(5)

After “appointed as Chairperson”, insert “or as Deputy Chairperson”.

25  Paragraph 14A(5)(a)

After “Chairperson”, insert “or as Deputy Chairperson”.

26  Paragraph 14A(5)(b)

After “Chairperson”, insert “or of Deputy Chairperson”.

27  Paragraph 14A(5)(c)

After “Chairperson”, insert “or Deputy Chairperson”.

28  Paragraph 14A(5)(d)

After “Chairperson”, insert “or of Deputy Chairperson”.

29  Paragraph 14A(7)(b)

Omit “or in the office of Chief Executive”, substitute “, of Deputy Chairperson or of Chief Executive”.

30  Subsection 14A(7)(note)

After “Chairperson”, insert “and the Deputy Chairperson”.

31  Subsection 15(5)

Repeal the subsection, substitute:

 (5) If the Chairperson is not present at a meeting of the Board:

 (a) the Deputy Chairperson must preside at the meeting; or

 (b) if the Deputy Chairperson is not present at the meeting—the members present must elect one of their number to preside at the meeting.

32  After section 15

Insert:

15A  Chief Executive not to take part in certain deliberations of Board

  The Chief Executive:

 (a) must not take part in any deliberation or decision of the Board with respect to him or her; and

 (b) is to be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

33  Subsection 17(1)

After “Chairperson” (wherever occurring), insert “and the Deputy Chairperson”.

Note: The heading to section 17 is altered by inserting “and Deputy Chairperson” after “Chairperson”.

34  Subsection 17(2)

After “Chairperson”, insert “and the Deputy Chairperson”.

35  Subsection 19(4)

After “Chairperson”, insert “or the Deputy Chairperson”.

36  At the end of Part III

Add:

22A  Delegation by Board

 (1) The Board may, by resolution, delegate to an eligible person, or to a committee of eligible persons, all or any of the Board’s powers under this Act or the regulations.

 (2) A delegate is, in the exercise of a power so delegated, subject to the directions of the Board.

 (3) If the Board delegates a power to a committee of eligible persons, the Board:

 (a) must appoint one of the members of the committee to be the Chairperson of the committee; and

 (b) may determine the procedure to be followed in relation to meetings of the committee, including matters with respect to the following:

 (i) the convening of meetings of the committee;

 (ii) the number of members of the committee who are to constitute a quorum;

 (iii) the selection of a member of the committee to preside at meetings of the committee at which the Chairperson of the committee is not present;

 (iv) the manner in which questions arising at a meeting of the committee are to be decided.

 (4) In this section:

eligible person means:

 (a) a member of the Board, other than the Chief Executive; or

 (b) an officer of the Organisation who is concerned in, or takes part in, the management of the Organisation;

but does not include a person who is a member of the Consultative Council established under section 56.

37  Section 50

Repeal the section.

38  Application of amendments—Chief Executive

(1) The amendments and repeals made by this Schedule apply to a person appointed after commencement as Chief Executive.

(2) The instrument of appointment of the current Chief Executive continues in effect after commencement, despite the amendments and repeals made by this Schedule.

(3) Subject to subitem (4), the old Act continues to apply, in relation to the current Chief Executive, as if the amendments and repeals made by this Schedule had not happened.

(4) Subsection 10C(2) of the Science and Industry Research Act 1949, as amended by this Schedule, has effect after commencement in relation to the current Chief Executive.

(5) In this item:

commencement means the commencement of this item.

current Chief Executive means the person who, immediately before commencement, held the office of Chief Executive of the Organisation under section 10A of the old Act.

old Act means the Science and Industry Research Act 1949, as in force immediately before commencement.

 

 

 [Minister’s second reading speech made in—

House of Representatives on 28 March 2007

Senate on 12 June 2007]

(52/07)

 

Overview

The Governance Review Implementation (Science Research Agencies) Act 2007 was enacted by the Parliament of Australia to amend the existing legal framework governing statutory agencies in the realm of science research. The Act was assented to on 21 June 2007 and serves to update and streamline the governance structures within these agencies, particularly focusing on the roles and responsibilities of the Chief Executive Officer (CEO) and the Boards of the agencies. By centralising decision-making and clarifying accountability mechanisms, the Act aims to enhance the efficiency and effectiveness of the agencies in conducting research. This legislative effort responds to identified gaps in the previous legal frameworks, ensuring that the agencies are well-positioned to meet contemporary research challenges. The Act applies to three key science research agencies: the Australian Institute of Marine Science, the Australian Nuclear Science and Technology Organisation, and the Commonwealth Scientific and Industrial Research Organisation (CSIRO). It introduces significant amendments, including the replacement of certain references to the "Executive Director" with "Chief Executive Officer," the adjustment of Board compositions, and the clarification of termination conditions for the CEOs. Furthermore, the Act ensures that the Boards have greater autonomy in decision-making, reducing the need for ministerial approval in various operational aspects. The ultimate policy objective is to foster a more dynamic and responsive governance environment within these critical research entities.

Scope and Application

The Governance Review Implementation (Science Research Agencies) Act 2007 is an Act of the Parliament of Australia designed to amend the law relating to statutory agencies in the field of science research. The Act applies to the Australian Institute of Marine Science, the Australian Nuclear Science and Technology Organisation, and the Science and Industry Research Act 1949, aiming to modify governance structures, particularly in relation to the roles and responsibilities of the Chief Executive Officers within these agencies. The Act specifies that the amendments and repeals made by the schedules apply to persons appointed as Chief Executive Officers after the commencement of the Act, with specific provisions to ensure the continuity of the existing Chief Executive Officers’ appointments despite the changes. The Act commenced on 21 June 2007, with certain provisions in the schedules commencing on a date to be fixed by proclamation but no later than six months after the Royal Assent. The Act’s jurisdictional reach is Commonwealth-wide, affecting statutory agencies operating under federal legislation. The Act does not explicitly state exclusions or exemptions, but the targeted amendments suggest that the Act's provisions are specific to the roles and governance of the Chief Executive Officers within the mentioned agencies. The Act may be further extended or restricted through subordinate instruments, although the primary text does not detail such provisions.

Key Provisions

The Governance Review Implementation (Science Research Agencies) Act 2007 (the "Act") primarily operates through its three schedules, which detail amendments to the Australian Institute of Marine Science Act 1972, the Australian Nuclear Science and Technology Organisation Act 1987, and the Science and Industry Research Act 1949. Section 1 of the Act provides for its citation, while section 2 details the commencement of the Act, with different provisions commencing on the date of Royal Assent and others to be fixed by proclamation. Section 3 refers to the schedules, which amend the specified Acts by altering definitions, roles, and responsibilities, particularly in relation to the Chief Executive Officers (CEO) of these agencies. The Act imposes various obligations on the entities it governs, including the requirement for the Council or Board to be able to terminate the appointment of the CEO under specific conditions such as misbehaviour, physical or mental incapacity, bankruptcy, or unsatisfactory performance. It also mandates that the CEO must not participate in deliberations or decisions regarding their own appointment or performance review and must be disregarded for quorum purposes in such instances. Furthermore, the Act requires the Board to consult with the relevant Minister before appointing or terminating the CEO and before making certain decisions that were previously the purview of the Minister. Breach of the provisions in the Act may result in serious consequences. While the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches, it is likely that any failure to comply with the stipulated governance and procedural requirements could lead to legal challenges, potential termination of the CEO's appointment, and other administrative repercussions. The maximum penalties, if applicable, would be determined by the courts based on the nature and severity of the breach, and could potentially include fines or other sanctions.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegated & Subordinate Legislation
Transitional Provisions

Interactions

Authorises

All Versions

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.