Linkage Program (2019 edition) Linkage Infrastructure, Equipment and Facilities

Administered by Department of Education

Legislation au F2019L01489 Not in force Legislative Instrument

Legislation content

 

 

EXPLANATORY STATEMENT

 

Grant Guidelines made under section 60 of the Australian Research Council Act 2001

Grant Guidelines for schemes under the Linkage Program 2019Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021.

 

Issued by the authority of the Minister for Education

Subject: Australian Research Council Act 2001— Grant Guidelines for schemes under the                              Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for                                           funding commencing in 2021.

 

Authority

Section 60 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve ARC Grant Guidelines. 

Purpose and effect

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). These Grant Guidelines relate to a scheme funded under the Linkage Program 2019 Linkage Infrastructure, Equipment and Facilities (LIEF). The LIEF scheme provides funding for research infrastructure, equipment and facilities to Eligible Organisations. It enables researchers to participate in cooperative initiatives so that expensive research infrastructure, equipment and facilities can be shared between higher education organisations and also with Industry. The scheme also fosters collaboration through its support of the cooperative use of international or national research facilities.

In particular, these guidelines relate to the Linkage Infrastructure, Equipment and Facilities scheme for funding commencing in 2021.

 

In accordance with subsection 59 (2) of the Act, the Grant Guidelines for the scheme under the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021 contains:

(a) the eligibility criteria to be met in order for a proposal to be approved for financial assistance (including criteria relating to the kinds of organisation that may receive assistance and the kinds of research programme in respect of which assistance may be provided);

(b) how to apply for financial assistance;

(c) the assessment process for deciding which proposals will be recommended for approval;

(d) the ways in which, and circumstances in which, a funding approval may be varied; and

(e) any additional accountability requirements that the ARC thinks desirable.

 

In accordance with subsection 59 (4) of the Act, the Grant Guidelines for the scheme under the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021 take account of, and are consistent with:

 

(a) the funding cap for the year, or each of the years, to which the rules apply; and

(b) the funding split determination for the year, or each of the years, to which the rules apply.

 

The Grant Guidelines for the scheme under the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021 were approved by the Minister for Education, Hon Dan Tehan MP, on 20 September 2019.


Documents incorporated by reference                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

The following documents are incorporated by reference:

  • the ARC Research Integrity and Research Misconduct Policy (2016);
  • the National Principles of Intellectual Property Management for Publicly Funded Research (2017);
  • the ARC Open Access Policy (2017);
  • the Australian Code for the Responsible Conduct of Research (2018);
  • as applicable, the National Statement on Ethical Conduct in Human Research (2007) (updated July 2018);
  • as applicable, NHMRC Ethical conduct in research with Aboriginal and Torres Strait Islander Peoples and communities: Guidelines for researchers and stakeholders (2018);
  • as applicable, Australian Institute of Aboriginal and Torres Strait Islander Studies Guidelines for Ethical Research in Australian Indigenous Studies (2012);
  • as applicable, Australia Council for the Arts Protocols for Producing Indigenous Australian Music; Writing; Visual Arts; Media Arts; and Performing Arts (2007); and
  • as applicable, the Australian Code for the Care and Use of Animals for Scientific Purposes (2013).

 

 

Commencement

The Grant Guidelines for the scheme under the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021 shall take effect upon registration on the Federal Register of Legislative Instruments. 

 

The provisions include;

These Guidelines contain information relating to the Grant Guidelines for the scheme under the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities for funding commencing in 2021, this includes: grant amount, eligibility, assessment criteria, application process and delivery or grant activities.

Consultation

The ARC consulted with the Department of Finance and the Department of Prime Minister and Cabinet and they have determined the Grant Guidelines as low risk.

 

Regulatory Impact Statement

These Grant Guidelines include a number of measures that reduce regulatory burden on the higher education sector. This includes coordination with the National Health and Medical Research Council (NHMRC) to produce a timeline that minimises the burden on the sector in relation to preparation and submission of proposals.

 

Statement of compatibility with human rights

Section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights, as it does not raise any human rights issues.

 

Overview

The Grant Guidelines made under section 60 of the Australian Research Council Act 2001 relate to the Linkage Infrastructure, Equipment and Facilities scheme for funding commencing in 2021. Enacted by the Parliament of Australia, this legislation aims to address the need for collaborative research infrastructure, equipment, and facilities between higher education organisations and industry. The guidelines, approved by the Minister for Education on 20 September 2019, outline eligibility criteria, application processes, assessment criteria, variations in funding approvals, and accountability requirements. These guidelines are intended to support the efficient and effective sharing of expensive research infrastructure and foster collaboration through the cooperative use of international or national research facilities. Additionally, the guidelines incorporate various policies and ethical standards to ensure the integrity and responsible conduct of research.

Scope and Application

The Grant Guidelines, made under section 60 of the Australian Research Council Act 2001, pertain to the Linkage Program 2019— Linkage Infrastructure, Equipment and Facilities (LIEF) scheme for funding commencing in 2021. These guidelines apply to Eligible Organisations, which include higher education institutions and industry entities, that wish to apply for funding to support research infrastructure, equipment, and facilities. The guidelines outline the eligibility criteria, application process, assessment criteria, and additional accountability requirements necessary for the approval and management of funding applications. The scheme aims to facilitate collaboration and the sharing of expensive research infrastructure between higher education organisations and industry. The guidelines are consistent with the funding cap and split determination for the applicable years and are approved by the Minister for Education. They also incorporate by reference various policies and guidelines related to research integrity, intellectual property, open access, ethical conduct, and the care and use of animals in scientific research. These guidelines have a national jurisdictional reach as they are made under Commonwealth legislation. The application and eligibility criteria are designed to be inclusive of higher education institutions and industry entities across Australia, fostering collaboration and resource sharing in research. The guidelines are intended to streamline the application process and reduce regulatory burden on the higher education sector, ensuring alignment with other national bodies such as the National Health and Medical Research Council. The guidelines do not contain any stated exclusions or exemptions, but they are subject to the overarching policies and ethical standards referenced within the document. The guidelines take effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The Australian Research Council Act 2001 (the Act) provides the legislative framework for the Australian Research Council (ARC) to manage its funding programs. Under section 60 of the Act, the Minister is required to approve the ARC Grant Guidelines, which detail the eligibility criteria (section 59(2)(a)), application process (section 59(2)(b)), assessment process (section 59(2)(c)), variations to funding approvals (section 59(2)(d)), and any additional accountability requirements (section 59(2)(e)) for the Linkage Infrastructure, Equipment and Facilities (LIEF) scheme. These Grant Guidelines, which were approved by the Minister for Education on 20 September 2019, apply to funding commencing in 2021 and incorporate relevant policies and guidelines such as the ARC Research Integrity and Research Misconduct Policy, the National Principles of Intellectual Property Management, and the Australian Code for the Responsible Conduct of Research. The Grant Guidelines impose several obligations on the parties involved. Eligible organisations must meet the specified eligibility criteria, which include being able to demonstrate a need for the research infrastructure, equipment, or facilities. The Guidelines also set out the process for applying for financial assistance, including the documentation and information that must be provided. Furthermore, eligible organisations must adhere to the assessment process, which involves the evaluation of proposals based on criteria such as the potential impact of the research, the quality of the research team, and the appropriateness of the proposed budget. In addition, the Guidelines outline the circumstances under which a funding approval may be varied and any additional accountability requirements that the ARC may impose. Failure to comply with the Grant Guidelines may result in various consequences. While the Explanatory Statement does not specify particular offences or penalties, non-compliance with the Guidelines could potentially lead to the rejection of a funding application or the termination of an existing funding agreement. Such actions would be taken in accordance with the provisions of the Act and any relevant policies or guidelines. The Explanatory Statement does not mention specific civil or criminal consequences for breaches of the Guidelines, but it is reasonable to assume that serious non-compliance could lead to investigations, fines, or other legal actions. The exact penalties would depend on the nature and severity of the breach and would be determined in accordance with the applicable laws and regulations.

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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.