Industry Research and Development (Innovation and Science Australia) Designation 2020

Overview

The Industry Research and Development (Innovation and Science Australia) Designation 2020I, enacted in 2020, was introduced to address the need for a more integrated approach to industry research and development by amending the Industry Research and Development Act 1986. This notifiable instrument was established by Karen Andrews, the Minister for Industry, Science and Technology, under paragraph 9(1)(b) of the Act. The primary objective of this instrument was to streamline the governance of research and development initiatives by designating the Secretary of the Department of Industry, Science, Energy and Resources as a member of Innovation and Science Australia, ensuring that the person performing the duties of the Secretary is always a member of the Board. This change aimed to enhance coordination and decision-making within the research and development sector.

Scope and Application

The Industry Research and Development (Innovation and Science Australia) Designation 2020I, issued under the authority of the Industry Research and Development Act 1986, addresses the designation of specific members to Innovation and Science Australia, more commonly known as the Board. This notifiable instrument revokes all prior designations issued under the same provision of the Act, and it designates the Secretary of the Department of Industry, Science, Energy and Resources as a member of the Board. The Act, which is of Commonwealth jurisdiction, applies to the designation and functioning of members within Innovation and Science Australia, thereby affecting the governance and administration of research and development initiatives within Australia. The Act specifies that the person performing the duties of the Secretary at any given time shall be a member of the Board, ensuring continuity in the representation of the Department within the Board. This legislation does not explicitly state any exclusions, exemptions, or thresholds, and its scope is confined to the administrative and governance structure of Innovation and Science Australia as designated by the Act.

Key Provisions

The main sections of the Notifiable Instrument F2020N00018 focus on the designation of roles within Innovation and Science Australia, specifically the position of Secretary of the Department of Industry, Science, Energy and Resources. Section (i) revokes all previous designations issued under the same authority, ensuring a clean slate for the new designation. Section (ii) designates the Secretary of the Department as a member of the Board, thereby integrating the Department more closely with the operations of Innovation and Science Australia. Section (iii) stipulates that the individual performing the duties of the Secretary at any given time should also be a member of the Board, which reinforces the continuity and stability of the Board’s composition. The obligations imposed by this Act on the parties and entities it governs are primarily centered around the integration of the Department’s Secretary into Innovation and Science Australia. The Secretary, by virtue of their role, is now required to participate in the Board’s activities, decisions, and governance structure. This means they must adhere to the Board’s operational protocols and contribute to the strategic direction and policy development within the scope of the Act. Furthermore, the Secretary must ensure that the Department’s interests and expertise are represented in the Board’s deliberations and decisions, thus bridging the gap between policy development and execution. In terms of legal consequences, the Notifiable Instrument does not explicitly outline specific offences or penalties for non-compliance within its text. However, under the broader scope of the Industry Research and Development Act 1986, breaches of legislative requirements or non-compliance with designated roles could potentially lead to civil or criminal penalties. For civil breaches, the penalties could include fines or other monetary penalties as stipulated by the relevant provisions of the Act. In more severe cases, criminal penalties might apply, which could result in fines or imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances and the relevant legal frameworks.