COMMONWEALTH OF AUSTRALIA
Industry Research and Development Act 1986
REVOCATION OF THE
CLEAN TECHNOLOGY INVESTMENT COMMITTEE
I, IAN ELGIN MACFARLANE, Minister for Industry, pursuant to subsection 22(1) of the Industry Research and Development Act 1986, and effective from 25 November 2013,
HEREBY REVOKE the Clean Technology Investment Committee of Innovation Australia.
Dated this 18th day of November 2013
Ian Macfarlane
Minister for Industry
Overview
The Industry Research and Development Act 1986, enacted by the Commonwealth Parliament of Australia, was designed to foster innovation and development within the nation's industries, particularly through the promotion and support of research and development activities. The 1986 Act aimed to address the need for a structured approach to encouraging technological advancement and industrial competitiveness by providing a legislative framework that could facilitate and support industry-led research and development. In this context, the Act established various mechanisms and entities, including the Clean Technology Investment Committee of Innovation Australia, to drive forward specific areas of research and development, such as clean technology.
The revocation of the Clean Technology Investment Committee, as stated in the 2013 Gazette (C2013G01732), signifies a policy shift or re-evaluation in the government's approach to fostering clean technology investment. Ian Elgin Macfarlane, the Minister for Industry at the time, revoked the Committee effective from 25 November 2013, in accordance with subsection 22(1) of the 1986 Act. The revocation did not detail specific policy objectives or reasons, but it likely reflects a broader strategic decision regarding the allocation of resources and focus areas within the industry research and development sector.
Scope and Application
The Industry Research and Development Act 1986, as amended and affected by the revocation of the Clean Technology Investment Committee, applies to entities involved in research and development activities within Australia. This Act governs the framework under which industry research and development initiatives are supported, including the allocation of funds and the administration of various research bodies. The revocation of the Clean Technology Investment Committee signifies a shift in the administration and focus of industry research and development, particularly in the clean technology sector, although the broader scope and application of the Act remain unaffected. The Act has a national reach, applying across the Commonwealth of Australia and impacting all entities and industries engaged in research and development activities. The revocation does not exclude any specific entity or industry from the purview of the Act but rather adjusts the governance structure for clean technology investments. Subordinate instruments may further define or refine the application of the Act, but the primary text does not specify any additional exclusions, exemptions, or thresholds beyond the revocation of the Clean Technology Investment Committee.
Key Provisions
The Industry Research and Development Act 1986, as revoked by the Gazette C2013G01732, initially established the Clean Technology Investment Committee within Innovation Australia, but this revocation, effective from 25 November 2013, removes that committee's mandate (subsection 22(1)). The Clean Technology Investment Committee was tasked with assessing and approving investments in clean technology projects. However, with its revocation, the obligations and functions previously held by this committee are now no longer in effect.
Under the original provisions of the Act, the Clean Technology Investment Committee would have had specific duties, such as reviewing applications for funding or support, assessing the merits of proposed clean technology projects, and providing recommendations to the Minister for Industry on the approval of such projects. These responsibilities have now been rendered void, and any pending applications or projects that were under review by the committee would need to be redirected or reassessed under other provisions of the Act or relevant legislation.
The revocation imposes an obligation on Innovation Australia to cease any activities related to the Clean Technology Investment Committee. This includes the cessation of any administrative or review processes that were under the purview of the committee. Furthermore, any records, documents, or ongoing projects managed by the committee must be appropriately archived or reassigned, ensuring that there is no disruption in the management or oversight of clean technology investments.
There are no specific offences, penalties, or civil or criminal consequences outlined in the Gazette for the revocation itself. However, any failure by Innovation Australia to properly transition away from the responsibilities of the Clean Technology Investment Committee could potentially lead to administrative penalties or other repercussions under the general provisions of the Act or other applicable laws. The exact nature and severity of such consequences would depend on the specific circumstances and any relevant legal interpretations.