Industry Research and Development Amendment Act 1999

Overview

The Industry Research and Development Amendment Act 1999 was enacted by the Parliament of Australia to amend the Industry Research and Development Act 1986 and address several issues related to research and development activities, applications, and the administration of the Board. This amendment act primarily focuses on correcting certain application processes, adjusting the tenure and appointment rules for board members and committee members, and clarifying the Board's power to amend or revoke provisional certificates. The policy objective behind these amendments was to streamline the registration process, ensure the appropriate oversight of research and development activities, and maintain the integrity of the registration process for companies and research agencies involved in research and development activities. The Act ensures that certain applications lodged with the Australian Taxation Office are treated appropriately and provides clarity on the Board's powers regarding provisional certificates and the registration of companies and research agencies. The Industry Research and Development Amendment Act 1999 also aimed to introduce measures that prevent the potential conflict of interest and ensure that the Board and its committees operate effectively by setting term limits and staggered appointment periods for members. This was to be achieved by limiting the number of consecutive terms a person could serve as a member of the Board or its committees and ensuring that appointments are staggered to maintain continuity and expertise within the Board and its committees. The Act further clarifies the process for appointing members to committees and the conditions under which appointments can be made. Additionally, it allows for the engagement of consultants and other persons by the Commonwealth to assist the Board and its committees, thereby enhancing the Board's capacity to carry out its functions effectively.

Scope and Application

The Industry Research and Development Amendment Act 1999 amends the Industry Research and Development Act 1986 to introduce a range of changes that affect both the legislative framework and operational aspects of the Industry Research and Development Board. The Act applies to the Board and its committees, as well as to specific companies that have made applications under section 39J of the original Act. It specifies amendments regarding the appointment and reappointment of members to the Board and its committees, ensuring that no individual can serve more than two consecutive terms. The Act also modifies the procedures for appointing members to the Board and its committees, requiring the Minister to consider the timing of appointments to avoid all members' terms ending simultaneously. Additionally, it grants the Board the authority to amend or revoke provisional certificates on its own initiative, subject to certain conditions, and introduces a mechanism for the Board to notify Australian research agencies about their registration status. Geographically, the Act operates within the Commonwealth of Australia and applies to entities and individuals involved in industry research and development activities across the nation. The Act's provisions extend to all companies that fall under its scope, particularly those listed in section 4, and to the Industry Research and Development Board and its committees. It does not introduce any new exclusions or exemptions beyond what is specified in the text, and its application can be further defined or extended through subordinate instruments as necessary.

Key Provisions

• The Industry Research and Development Amendment Act 1999 (C2004A00408) primarily operates to amend the Industry Research and Development Act 1986 by introducing a series of changes to the application, registration, and oversight processes for research and development activities within specified companies. Section 4 of the Act ensures that applications lodged with the Australian Taxation Office before their deadline, but received by the Industry Research and Development Board after the deadline, are treated as if they were made on time. This provision applies to specific companies listed in the section and allows the Board to reconsider or validate applications as necessary.
• The Act also imposes obligations on the Industry Research and Development Board and its committees, such as restrictions on the appointment and reappointment of members to ensure a rotation of expertise and avoid conflicts of interest. It mandates that the Minister must be satisfied of the appropriateness of appointments, taking into account the distribution of term lengths to avoid simultaneous expirations. Additionally, the Board is granted the authority to amend or revoke provisional certificates given to eligible companies if certain conditions are met, such as exceeding allowable overseas expenditure limits. The Act requires the Board to notify registered Australian research agencies about their registration status and provides a mechanism for the alteration of company registrations to correct errors in the application process.
• Offences under the Act may result in civil or administrative penalties, although the specific penalties are not detailed within the excerpt provided. The Act's amendments and provisions are designed to ensure the integrity and effectiveness of the research and development registration and oversight processes, aiming to support industry innovation while maintaining regulatory compliance.

Legal classification tags

Area of Law

Taxation Law

Commercial Law

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Regulatory Standards

Enforcement Powers