Linkage Program Grant Guidelines ARC Centres of Excellence commencing in 2023 Variation No.1

Administered by Department of Education

Legislation au F2021L01361 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 for ARC Centres of Excellence commencing in 2023 Variation No.1

Issued by the authority of the Minister for Education and Youth

Subject: Grant Guidelines for schemes under the Linkage Program for ARC Centres of Excellence commencing in 2023 Variation No.1

 

Authority

Section 60 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve ARC Grant Guidelines. Section 59 of the Act allows the Chief Executive Officer to vary a set of approved Grant Guidelines with the approval of the Minister under section 61 of the ARC Act.

Purpose and effect

These Grant Guidelines relate to the Linkage Program - ARC Centres of Excellence commencing in 2023, Variation No.1 funded under the Linkage Program of the ARC’s National Competitive Grants Program. The Linkage Program promotes national and international partnerships between researchers and business, industry, community organisations, government and other publicly funded research agencies.

 

A variation to these rules was approved under section 61 of the Act by the Minister for Education and Youth, the Hon Alan Tudge MP, on 21 September 2021. Detail of the approved variation to the Linkage Program - ARC Centres of Excellence commencing in 2023 Variation 1:

 Replace:

research output

all products of a research project that meet the definition of research, excluding pre-prints, which are the original version of manuscripts as submitted to a journal or other publication.

With:

research output

includes all products (including Preprints or comparable resources) of an ARC-funded research Project that meet the definition of Research.

Commencement

The Linkage Program - ARC Centres of Excellence commencing in 2023 Variation No.1 shall take effect day after registration on the Federal Register of Legislation.

 

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

 

The Linkage Program Grant Guidelines (2021 edition) 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 setoff rules made under section 61 of the Act.

 

Overview

The Australian Research Council Act 2001, enacted to establish the Australian Research Council (ARC) and to set out the arrangements for grants for research and training, was introduced to address the need for a coordinated and strategic approach to research funding in Australia. This legislation provides a framework for the ARC to support research and development activities that contribute to Australia's economic, social, cultural, and environmental well-being. The Act was enacted by the Australian Parliament, with the policy objective of fostering excellence in research and enhancing Australia's research capability and productivity. The explanatory statement detailing the Grant Guidelines for schemes under the Linkage Program for ARC Centres of Excellence commencing in 2023 Variation No.1, issued by the Minister for Education and Youth, outlines specific adjustments to the definition of research output to include all products of an ARC-funded research project, including preprints. This variation aims to broaden the scope of research outputs recognised under the ARC's funding schemes, thereby encouraging the dissemination of research findings in various formats.

Scope and Application

The Grant Guidelines for schemes under the Linkage Program for ARC Centres of Excellence commencing in 2023, Variation No.1, issued under section 60 of the Australian Research Council Act 2001, apply to entities and individuals engaged in research projects funded by the Australian Research Council (ARC). These guidelines are designed to foster national and international partnerships between researchers and various sectors such as business, industry, community organisations, government, and other publicly funded research agencies. The geographic reach of these guidelines is national, extending to all research activities conducted within Australia and involving international collaborations. The guidelines, which were varied and approved by the Minister for Education and Youth, include provisions for research outputs to encompass all products of an ARC-funded research project, including preprints. These guidelines took effect on the day after their registration on the Federal Register of Legislation, as stipulated by the Senate Standing Order 23 (4a). It is noteworthy that these guidelines are exempt from disallowance under Section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015, as they are considered appropriate legislative instruments made in accordance with the enabling Act and other applicable legislation.

Key Provisions

The Grant Guidelines under the Linkage Program for ARC Centres of Excellence commencing in 2023, Variation No.1, primarily address the definition and inclusion of research outputs (Section 61). These Guidelines define research output to encompass all products, including preprints, of an ARC-funded research project that meet the definition of research. This variation clarifies the scope of research outputs that can be included under the Linkage Program, enhancing the inclusivity and transparency of the research process. These Guidelines impose specific obligations on the parties involved, including researchers and institutions, to ensure that all research outputs, including preprints, are reported accurately and comprehensively. The Guidelines also require that the research outputs meet the definition of research as stipulated in the Australian Research Council Act 2001 (Section 60). This means that all products generated from the ARC-funded projects must be accounted for and reported, providing a clear framework for compliance and accountability. For breaches of the Grant Guidelines, there are potential civil and criminal consequences, although the specific penalties are not detailed in the Guidelines. The Guidelines are subject to the Australian Research Council Act 2001, which provides for various penalties for non-compliance, including fines and other civil sanctions. The Minister for Education and Youth, having approved these Guidelines, ensures that they are enforced in accordance with the Act, maintaining the integrity and purpose of the Linkage Program. The Guidelines, having been approved by the Minister for Education and Youth and subjected to scrutiny under the Legislation (exemption and other matters) Regulations 2015, are exempt from disallowance as per Section 10, Item 7 of these Regulations. This exemption underscores the importance of the Guidelines in promoting national and international partnerships within the research sector, ensuring that the legislative process respects the autonomy and expertise of the Australian Research Council in setting these guidelines.

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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.