Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities

Administered by Department of Education

Legislation au F2022L00690 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

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

Grant Guidelines for schemes under the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities.

 

Issued by the authority of the Acting Minister for Education and Youth

Subject: Australian Research Council Act 2001— Grant Guidelines for schemes under the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities.

 

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 Linkage Program Grant Guidelines (2022 edition): 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 accordance with subsection 59 (2) of the Act, the Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities 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 Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities 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 Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities were approved by the Acting Minister for Education and Youth, Hon Stuart Robert MP, on 28 March 2022.


Documents incorporated by reference

The following documents are incorporated by reference:

  •                  ARC Medical Research Policy available on the ARC website
  •                  Conflict of Interest and Confidentiality available on the ARC website
  •                  ARC Open Access Policy available on the ARC website
  •                  Australian Code for the Responsible Conduct of Research
  •                  Public Service Code of Conduct (Section 13(7)) of the Public Service Act 1999
  •                  Guidelines to Counter Foreign Interference in the Australian University Sector available on Department of Education, Skills and Employment website.

Commencement

The Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities shall take effect upon registration on the Federal Register of Legislative Instruments.

 

The provisions

These Guidelines contain information relating to the Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities, 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.

 

Senate Standing Order 23 (4a) – Standing Committee for the Scrutiny of Delegated Legislation

The Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities is exempt from disallowance because it is an instrument containing a set of rules made under section 60 of the Australian Research Council Act 2001 (ARC Act) and, Section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015, relevantly provides that legislative instruments made under section 60 of the ARC Act are not subject to disallowance.

 

The application of section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015 to the Guidelines, allowing for exemption from disallowance, is appropriate because the legislative instrument was made in accordance with the enabling Act, the Legislation Act and other applicable Acts and does not contain matter more appropriate for an Act of Parliament.


Legislation (exemption and other matters) Regulations 2015

Section 10 – Particular legislative instruments that are not subject to disallowance

Item 7 – Legislative Instruments

(a)   A rule made under section 60 of the Australian Research Council Act 2001;

(b)   A variation of a set of rules made under section 61 of the Act.

Overview

The Australian Research Council Act 2001 was enacted to facilitate the funding and support of research in Australia, with a focus on fostering collaboration between researchers, higher education institutions, and industry. One of the key mechanisms through which this is achieved is the Linkage Program, which includes the Linkage Infrastructure, Equipment, and Facilities (LIEF) scheme. This scheme provides funding for research infrastructure, equipment, and facilities to eligible organisations, enabling researchers to participate in cooperative initiatives and share expensive resources. The policy objective is to enhance research capabilities and outcomes through collaboration and shared use of infrastructure. The Grant Guidelines for the LIEF scheme, approved by the Acting Minister for Education and Youth on 28 March 2022, outline the eligibility criteria, application process, assessment criteria, and accountability requirements for the scheme. These guidelines are designed to ensure that the funding is used effectively and efficiently, while also reducing regulatory burdens on the higher education sector. The guidelines were developed in consultation with relevant departments and have been determined to be low risk. Importantly, these guidelines are exempt from disallowance under the Legislation (exemption and other matters) Regulations 2015, as they are made in accordance with the enabling Act and do not contain matters more appropriate for an Act of Parliament.

Scope and Application

The Australian Research Council Act 2001 provides the legal foundation for the Grant Guidelines for the Linkage Program Grant Guidelines (2022 edition): Linkage Infrastructure, Equipment and Facilities (LIEF), which govern the allocation of funds for research infrastructure, equipment, and facilities. These guidelines apply to eligible organisations, which include higher education institutions, industry entities, and other entities deemed suitable by the Australian Research Council (ARC). The LIEF scheme is designed to facilitate collaboration and the shared use of expensive research infrastructure between higher education organisations and industry, as well as to support cooperative use of international or national research facilities. The guidelines encompass eligibility criteria, the application process, assessment procedures, funding variations, and additional accountability requirements. These guidelines are subject to the funding cap and funding split determination for the applicable years, ensuring alignment with the overall budget and distribution of funds. The guidelines, which were approved by the Acting Minister for Education and Youth on 28 March 2022, take effect upon registration on the Federal Register of Legislative Instruments. The ARC consulted with relevant departments, which assessed these guidelines as low risk. These guidelines are exempt from disallowance under the Legislation (exemption and other matters) Regulations 2015, as they are made under the authority of the Australian Research Council Act 2001 and do not contain matters more appropriate for an Act of Parliament.

Key Provisions

The Grant Guidelines under section 60 of the Australian Research Council Act 2001 provide the framework for the Linkage Infrastructure, Equipment and Facilities (LIEF) scheme, which aims to fund research infrastructure, equipment and facilities for eligible organisations. This includes higher education organisations and industry, enabling collaborative research initiatives (subsection 59(2)(a) of the Act). The guidelines detail the eligibility criteria for applicants (subsection 59(2)(a)), the application process (subsection 59(2)(b)), the assessment criteria (subsection 59(2)(c)), the conditions under which funding approvals may be varied (subsection 59(2)(d)), and additional accountability requirements (subsection 59(2)(e)). Furthermore, the guidelines must consider the funding cap and funding split determination for the applicable years (subsection 59(4) of the Act). These Grant Guidelines impose several obligations on the parties involved. Eligible organisations must meet specific criteria to qualify for funding, including being an entity capable of undertaking research and being involved in cooperative research initiatives. They must also comply with the application process, which includes providing detailed proposals outlining the research infrastructure, equipment or facilities required. Furthermore, applicants must adhere to the assessment criteria, which evaluate the merit, significance and feasibility of the proposed research initiatives. Additionally, organisations must ensure compliance with any additional accountability requirements specified in the guidelines. Failure to comply with the Grant Guidelines may result in various consequences. While the explanatory statement does not explicitly outline specific offences or penalties, breaches of the guidelines could lead to the rejection of funding applications, revocation of existing funding approvals, or other administrative actions taken by the Australian Research Council (ARC). The severity of the consequences would depend on the nature and extent of the breach. However, it is important to note that the explanatory statement does not provide specific details regarding maximum penalties or civil or criminal consequences for non-compliance. The Grant Guidelines are designed to facilitate a streamlined application process and reduce regulatory burdens on the higher education sector. By coordinating with the National Health and Medical Research Council (NHMRC), the guidelines aim to minimise the preparation and submission burdens associated with proposal submissions. Additionally, the guidelines incorporate relevant policies and codes, such as the ARC Medical Research Policy, Conflict of Interest and Confidentiality, ARC Open Access Policy, Australian Code for the Responsible Conduct of Research, and Public Service Code of Conduct, to ensure compliance with industry standards and ethical considerations. The guidelines also comply with the Human Rights (Parliamentary Scrutiny) Act 2011, as they do not engage any applicable rights or freedoms, and are compatible with human rights.

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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.