Industry Research and Development Amendment Act 1995

Administered by Department of Industry, Science and Resources

Legislation au C2004A04934 In force Act

Legislation content

Industry Research and Development Amendment Act 1995

No. 84 of 1995

CONTENTS

Section

1. Short title

2. Commencement

3. Schedule

4. Validation of certain guidelines and criteria

5. Saving of rights of action for adverse decisions or acts etc.

SCHEDULE

AMENDMENTS OF THE INDUSTRY RESEARCH AND DEVELOPMENT
ACT 1986

Industry Research and Development Amendment Act 1995

No. 84 of 1995

 

An Act to amend the Industry Research and Development Act 1986, and for related purposes

[Assented to 1 July 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Industry Research and Development Amendment Act 1995.

Commencement

2.(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.

(2) Items 3, 4, 10 and 11 of the Schedule are taken to have commenced on 1 July 1988.

(3) Items 5, 6, 12 and 13 of the Schedule are taken to have commenced on 24 December 1992.

(4) Items 7 and 8 of the Schedule are taken to have commenced on 19 December 1994.


Schedule

3. The Industry Research and Development Act 1986 is amended as set out in the Schedule.

Validation of certain guidelines and criteria

4.(1) This section applies:

(a) to guidelines made under section 39E, 39EA or 39HB of the Industry Research and Development Act 1986; and

(b) to criteria made under section 39F of that Act;

at any time before the commencement of this section.

(2) Guidelines and criteria to which this section applies are taken:

(a) to have been, at all times after their making; and

(b) subject to their repeal, replacement, or amendment, by later guidelines or criteria, to continue to be;

valid guidelines and criteria.

(3) For the purposes of subsection (2), later guidelines or criteria include guidelines or criteria to which this section applies whose validity is itself dependent upon the operation of subsection (2).

(4) If guidelines or criteria to which this section applies are taken to have been, and to continue to be, valid guidelines or criteria, either as originally made, or as amended by later guidelines or criteria, any decision of the Industry Research and Development Board:

(a) made in reliance on those guidelines or criteria; or

(b) taking those guidelines or criteria into account;

is taken, to the extent that it is made in reliance on those guidelines or criteria or takes them into account, to have been, and to continue to be, a valid decision of the Board.

(5) Any act or thing done by any person or body:

(a) in reliance on:

(i) guidelines or criteria to which this section applies; or

(ii) a decision referred to in subsection (4) made in reliance on, or taking account of, those guidelines or criteria; or

(b) taking into account such guidelines or criteria or such a decision; is taken, to the extent that it is an act or thing done in reliance on those guidelines or criteria or that decision, or done taking those guidelines or criteria or that decision into account, to have been validly done.

(6) Nothing in this section is taken:

(a) to affect the power of either House of the Parliament to disallow any guidelines or criteria to which this section applies that have been laid before that House of the Parliament; or


(b) to validate any guidelines or criteria that have been disallowed by either House of the Parliament.

(7) In this section:

(a) a reference to the making of guidelines or criteria includes a reference to the purported making of those guidelines or criteria; and

(b) a reference to a decision of the Industry Research and Development Board made in reliance on guidelines or criteria or taking guidelines or criteria into account includes a reference to a decision of the Board purportedly made in reliance on those guidelines or criteria or purportedly taking those guidelines or criteria into account; and

(c) a reference to an act or thing done by a person or body in reliance on guidelines or criteria or on a decision includes a reference to an act or thing purportedly done by that person or body in reliance on those guidelines or criteria or on that decision; and

(d) a reference to an act or thing done by a person or body taking account of guidelines or criteria or a decision includes a reference to an act or thing purportedly done by that person or body taking account of those guidelines or criteria or that decision.

Saving of rights of action for adverse decisions or acts etc.

5.(1) In spite of anything in this Act, the validations provided for by this Act do not affect any rights of action of a person in relation to:

(a) a decision of the Board; or

(b) an act or thing done by any person or body;

that was adverse to the person in relation to whom the decision was made or the act or thing was done and such rights of action may be pursued as if this Act had never been enacted.

(2) In this section:

(a) a reference to a decision of the Board includes a reference to a purported decision of the Board;

(b) a reference to an act or thing done by any person or body includes a reference to an act or thing purportedly done by such person or body.

__________


 SCHEDULE Section 3

AMENDMENTS OF THE INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986

1. Paragraph 28(2)(a):

Omit "31 December 1995", substitute "30 June 1996".

2. Paragraph 31(2)(a):

Omit "31 December 1995", substitute "30 June 1996".

3. After subsection 39E(4):

Insert:

"(4A) The Board may, at any time, and whether or not within 90 days after the commencement of this Part, by instrument in writing, repeal, replace or amend guidelines made under subsection (1).".

4. Subsection 39E(5):

After "subsection (1)" insert", or repealing, replacing or amending such guidelines, ".

5. After subsection 39EA(5):

Insert:

"(5A) The Board may, at any time, and whether or not within 90 days after the commencement of this section, by writing, repeal, replace or amend guidelines made under subsection (1).".

6. Subsection 39EA(6):

After "finance scheme guidelines" insert ", or repealing, replacing or amending such guidelines, ".

7. After subsection 39EB(3):

"(3A) The Board may, at any time, and whether or not within 90 days after the commencement of this Part, by writing, repeal, replace or amend guidelines made under subsection (1).".

8. Subsection 39EB(4):

After "subsection (1)" insert", or repealing, replacing or amending such guidelines, ".

9. Section 39F:

Omit "a Australian" (wherever occurring), substitute "an Australian".


SCHEDULE—continued

10. After subsection 39F(10):

Insert:

"(10A) The Board may, in consultation with the Commissioner at any time and whether or not within 90 days after the commencement of this Part, by writing, repeal, replace or amend criteria made under subsection (2)".

11. Subsection 39F(11):

After" subsection (2)" insert", or repealing, replacing or amending such criteria,".

12. After subsection 39HB(4):

Insert:

[Board may repeal, replace or amend guidelines]

"(4A) The Board may, at any time and whether or not within 90 days after the commencement of this section, by writing, repeal, replace or amend guidelines made under this section".

13. Subsection 39HB(5):

After "guidelines" insert ", or repealing, replacing or amending such guidelines,".

 

[Minister's second reading speech made in—

Senate on 21 June 1995

House of Representatives on 30 June 1995]

Overview

The Industry Research and Development Amendment Act 1995, enacted by the Parliament of Australia, was designed to address issues and gaps within the existing framework of the Industry Research and Development Act 1986. This legislation aimed to amend the original act by providing more flexibility and responsiveness in the management of research and development initiatives. One of the primary policy objectives of this amendment was to ensure that the Industry Research and Development Board could effectively adapt its guidelines and criteria to changing economic and industrial conditions without being constrained by rigid timelines. This was achieved by allowing the Board to repeal, replace, or amend guidelines and criteria at any time, not necessarily within 90 days after the commencement of relevant parts or sections. This flexibility is intended to enhance the efficiency and effectiveness of research and development support mechanisms in Australia.

Scope and Application

The Industry Research and Development Amendment Act 1995 amends the Industry Research and Development Act 1986, impacting entities engaged in research and development activities within Australia. This Act applies to the guidelines and criteria made under specific sections of the 1986 Act and validates those guidelines and criteria made before the commencement of this Act, along with decisions made in reliance on those guidelines or criteria, and actions taken by any person or body in reliance on such guidelines or criteria. The validation extends to any decisions or actions taken into account of these guidelines or criteria, ensuring their continued validity despite their amendment, replacement, or repeal. Notably, the Act does not affect the rights of any person to pursue adverse decisions or actions, maintaining these rights as if the Act had not been enacted. The geographic reach of this Act is national, applying throughout Australia, and it does not specify any exclusions or exemptions, thereby applying broadly to all relevant entities and activities within its scope. The Act also extends its application through subordinate instruments, allowing for the amendment, replacement, or repeal of guidelines and criteria by the Industry Research and Development Board at any time, providing flexibility in managing research and development initiatives.

Key Provisions

The Industry Research and Development Amendment Act 1995 (C2004A04934) amends the Industry Research and Development Act 1986 to update certain provisions and introduce new guidelines. The main operative sections of this Act (sections 3 to 5) focus on validating certain guidelines and criteria, the saving of rights of action for adverse decisions or acts, and the amendments to the Industry Research and Development Act 1986 as outlined in the Schedule. Section 4 provides that guidelines and criteria made under specified sections of the original Act are considered valid if made before the commencement of this section, and any decisions made in reliance on these guidelines or criteria are also deemed valid. This section also ensures that any actions taken based on these guidelines or criteria are considered valid to the extent they are reliant on them. Section 5 ensures that the validations provided by this Act do not affect the rights of action of a person in relation to any adverse decisions or acts by the Board or other persons or bodies. The Industry Research and Development Amendment Act 1995 imposes certain obligations and requirements on the parties and entities it governs. The Act mandates that the Industry Research and Development Board has the authority to repeal, replace, or amend guidelines and criteria made under sections 39E, 39EA, 39EB, and 39HB of the original Act, as well as criteria made under section 39F. These actions can be undertaken at any time, regardless of whether they occur within 90 days after the commencement of the relevant part of the Act. Additionally, the Board must consult with the Commissioner when repealing, replacing, or amending criteria under section 39F. These provisions give the Board flexibility and authority to update or refine the guidelines and criteria as needed to better serve the purposes of the original Act. The Industry Research and Development Amendment Act 1995 includes provisions for offences, penalties, and consequences for breaches of its requirements. However, the Act itself does not explicitly detail specific offences, penalties, or consequences for breaches. Instead, it focuses on validating decisions and actions taken under the original Act's guidelines and criteria, and ensuring that any adverse rights of action are preserved. It is likely that penalties for non-compliance with the amended Act would be consistent with those outlined in the original Industry Research and Development Act 1986, which could include fines or other civil or criminal penalties as prescribed by the relevant legislation. It is important for those governed by this Act to be aware of the potential consequences of non-compliance and to ensure that they adhere to the updated guidelines and criteria as necessary.

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Validation of certain guidelines and criteria
Saving of rights of action for adverse decisions or acts etc.

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.