Industry, Science and Technology Legislation Amendment Act 1994

Administered by Department of Resources, Energy and Tourism

Legislation au C2004A04781 Not in force Act

Legislation content

Industry, Science and Technology
Legislation Amendment Act 1994

No. 108 of 1994

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENT OF THE NATIONAL MEASUREMENT ACT 1960

Division 1—Principal Act

3. Principal Act

Division 2—Membership of Commission

4. Object of Division

5. Membership of Commission

6. Meetings

Division 3—Contracts

7. Object of Division

8. Contracts

TABLE OF PROVISIONS—continued

Section

Division 4—Investments

9. Object of Division

10. Application of money

11. Insertion of new section:

18DA. Investment of money

12. Contracts

Division 5—Grants, loans, scholarships etc.

13. Object of Division

14. Functions of the Commission

15. Application of money

PART 3—AMENDMENT OF THE PATENTS ACT 1990

16. Object of Part

17. Principal Act

18. Definitions

19. Schedule 1

PART 4—AMENDMENT OF THE POOLED DEVELOPMENT FUNDS
ACT 1992

20. Object of Part

21. Principal Act

22. Limit on size of investee company

Industry, Science and Technology
Legislation Amendment Act 1994

No. 108 of 1994

 

An Act to amend various Acts relating to matters dealt with
by the Department of Industry, Science and Technology,
and for related purposes

[Assented to 12 July 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Industry, Science and Technology Legislation Amendment Act 1994.

Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Division 2 of Part 2 commences on the 28th day after the day on which this Act receives the Royal Assent.


(3) Division 5 of Part 2 commences on the day after the day on which this Act receives the Royal Assent.

PART 2—AMENDMENT OF THE NATIONAL MEASUREMENT ACT 1960

Division 1—Principal Act

Principal Act

3. In this Part, “Principal Act” means the National Measurement Act 19601.

Division 2—Membership of Commission

Object of Division

4. The object of this Division is to increase the number of members of the National Standards Commission from 8 to 10.

Membership of Commission

5. Section 17 of the Principal Act is amended by omitting from subsection (1) “6 other” and substituting “8 other”.

Meetings

6. Section 18AE of the Principal Act is amended by omitting from subsection (3) “5” and substituting “6”.

Division 3—Contracts

Object of Division

7. The object of this Division is to increase the limit on contracts which the National Standards Commission may make without Ministerial approval from $100,000 to $250,000.

Contracts

8. Section 18F of the Principal Act is amended by omitting “$100,000” and substituting “$250,000”.

Division 4—Investments

Object of Division

9. The object of this Division is to give the National Standards Commission the power to invest its money.

Application of money

10. Section 18D of the Principal Act is amended by adding at the end the following word and paragraph:

“; and (c) in making investments under section 18DA.”.


Insertion of new section

11. After section 18D of the Principal Act the following section is inserted:

Investment of money

“18DA.(1) Money of the Commission not immediately required for the purposes of the Commission may be invested:

(a) on deposit with an approved bank; or

(b) in Commonwealth securities; or

(c) in any other manner approved by the Treasurer.

“(2) In subsection (1):

‘approved bank’ means:

(a) a bank as defined in subsection 5(1) of the Banking Act 1959; or

(b) another bank approved by the Treasurer, or by a person authorised by the Treasurer to give approvals under section 63E of the Audit Act 1901.”.

Contracts

12. Section 18F of the Principal Act is amended by adding at the end the following subsection:

“(2) Subsection (1) does not apply to investments under section 18DA.”.

Division 5—Grants, loans, scholarships etc.

Object of Division

13. The object of this Division is to give the National Standards Commission the power:

(a) to make grants of financial assistance; and

(b) to make and guarantee loans; and

(c) to establish and award fellowships and scholarships.

Functions of the Commission

14. Section 18 of the Principal Act is amended:

(a) by omitting from paragraph (1)(g) “and” (last occurring);

(b) by adding at the end of subsection (1) the following paragraphs:

“; (i) to make grants of financial assistance for purposes relating to metrology;

(j) to make loans for purposes relating to metrology;

(k) to guarantee loans made for purposes relating to metrology; and


(l)  to establish and award fellowships and scholarships for:

(i) training in the knowledge and skills relevant to metrology; or

(ii) metrology research.”.

Application of money

15. Section 18D of the Principal Act is amended by adding at the end the following word and paragraph:

“; and (d) in making any other payments which the Commission is authorised or required to make under this Act or any other law.”.

PART 3—AMENDMENT OF THE PATENTS ACT 1990

Object of Part

16. The object of this Part is to make minor technical amendments to the Patents Act 1990. The amendments define the Australian continental shelf by reference to the Seas and Submerged Lands Act 1973.

Principal Act

17. In this Part, “Principal Act” means the Patents Act 19902.

Definitions

18. Section 3 of the Principal Act is amended by omitting “Continental Shelf Convention”.

Schedule 1

19. Schedule 1 to the Principal Act is amended:

(a) by omitting “Continental Shelf Convention” from the definition of “Australian continental shelf” and substituting “Seas and Submerged Lands Act 1973”;

(b) by omitting the definition of “Continental Shelf Convention”.

PART 4—AMENDMENT OF THE POOLED DEVELOPMENT FUNDS ACT 1992

Object of Part

20. The object of this Part is to make a minor technical change to the rules relating to the investment in companies by pooled development funds in cases where the investee company’s audited accounts relate to a period that ended less than 18 months before the investment is made.

Principal Act

21. In this Part, “Principal Act” means the Pooled Development Funds Act 19923.


Limit on size of investee company

22. Section 24 of the Principal Act is amended by omitting from paragraph (5)(b) “12” and substituting “18”.

NOTES

National Measurement Act 1960

1. No. 64, 1960, as amended. For previous amendments, see No. 6, 1964; No. 93, 1966; No. 216, 1973 (as amended by No. 20, 1974); No. 158, 1978; No. 77, 1984; No. 65, 1985; No. 76, 1986; No. 141, 1987; No. 91, 1989; Nos. 66 and 199, 1991; and No. 168, 1992.

Patents Act 1990

2. No. 83, 1990, as amended. For previous amendments, see No. 66, 1991.

Pooled Development Funds Act 1992

3. No. 100, 1992, as amended. For previous amendments, see No. 102, 1994.

[Minister’s second reading speech made in—

Senate on 24 March 1994

House of Representatives on 9 June 1994]

Overview

The Industry, Science and Technology Legislation Amendment Act 1994 No. 108 of 1994 was enacted by the Parliament of Australia to amend various Acts relating to matters managed by the Department of Industry, Science and Technology. The Act addresses several gaps and issues across different legislative frameworks, including the National Measurement Act 1960, the Patents Act 1990, and the Pooled Development Funds Act 1992. For instance, it increases the number of members on the National Standards Commission and raises the limit on contracts that can be made without Ministerial approval. Additionally, it grants the Commission the authority to invest its funds and provides it with new powers to make grants, loans, and scholarships for metrology-related purposes. The Act also includes technical amendments to the Patents Act 1990 to align the definition of the Australian continental shelf with the Seas and Submerged Lands Act 1973 and makes a minor adjustment to the rules on the investment in companies by pooled development funds.

Scope and Application

The Industry, Science and Technology Legislation Amendment Act 1994 applies to various acts and regulations under the Department of Industry, Science and Technology, including the National Measurement Act 1960, the Patents Act 1990, and the Pooled Development Funds Act 1992. This Act aims to amend these existing laws to enhance their functionality and align them with contemporary requirements. The amendments include changes to the composition of the National Standards Commission, the limit on contracts that the Commission can make without ministerial approval, the investment powers of the Commission, and its ability to provide financial assistance, loans, and scholarships. The Act applies to entities and individuals involved in activities governed by the amended acts, including those within the metrology, patent, and pooled development funds sectors. It is applicable across the Commonwealth of Australia, as it is a federal act. There are no specific exclusions mentioned in the text, although the Act extends its application through subordinate instruments where necessary.

Key Provisions

The Industry, Science and Technology Legislation Amendment Act 1994 primarily modifies three acts: the National Measurement Act 1960, the Patents Act 1990, and the Pooled Development Funds Act 1992. Section 4 outlines the objective of amending the National Measurement Act 1960 to increase the membership of the National Standards Commission from 8 to 10. Section 5 specifies the amendment to subsection (1) of section 17 in the Principal Act to reflect the increased membership. Section 6 adjusts the quorum requirement in section 18AE of the Principal Act from 5 to 6 members. Section 7 states the intent to raise the limit on contracts that the National Standards Commission can enter into without ministerial approval from $100,000 to $250,000, as detailed in section 8. Section 9 establishes the purpose of enabling the National Standards Commission to invest its funds, while section 10 amends section 18D of the Principal Act to include investments under section 18DA. Section 11 introduces a new section, 18DA, allowing the Commission to invest its money in various approved ways. Section 12 clarifies that the investment limit in section 18F does not apply to investments under section 18DA. Section 13 specifies the aim of granting the National Standards Commission the authority to provide financial assistance, loans, and guarantees, and to establish and award fellowships and scholarships. Section 14 amends section 18 of the Principal Act to include these new functions, and section 15 updates section 18D to encompass payments authorised or required by other laws. Section 16 indicates the purpose of making minor technical amendments to the Patents Act 1990, defining the Australian continental shelf by reference to the Seas and Submerged Lands Act 1973. Section 18 modifies the definition of "Australian continental shelf" in the Principal Act. Section 20 states the objective of adjusting the rules for pooled development funds investing in companies whose audited accounts are less than 18 months old. Section 22 changes the size limit for investee companies in section 24 of the Principal Act from 12 to 18 employees. The obligations under the amended acts primarily rest on the National Standards Commission and the relevant entities governed by the Patents Act 1990 and the Pooled Development Funds Act 1992. For the National Measurement Act 1960, the Commission must now consist of 10 members and can enter into contracts up to $250,000 without ministerial approval. It is also empowered to invest its funds in approved banks, Commonwealth securities, or other methods approved by the Treasurer. Additionally, the Commission can make grants, loans, and guarantees for metrology-related purposes and award fellowships and scholarships for metrology training and research. For the Patents Act 1990, the amendments redefine the Australian continental shelf by referencing the Seas and Submerged Lands Act 1973. For the Pooled Development Funds Act 1992, the amendment increases the allowable size of an investee company from 12 to 18 employees. There are no specific offences, penalties, or consequences mentioned in the Act for breaches of its provisions. However, breaches of statutory duties or unauthorised actions by the National Standards Commission could potentially lead to legal repercussions under general administrative law principles. The penalties for such breaches would depend on the specific circumstances and relevant laws governing administrative actions and breaches of statutory duty in Australia.

Legal classification tags

Area of Law
Administrative Law
Technology Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Delegation & Subordinate Legislation
Regulatory Standards
Enforcement Powers

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.