Science and Industry Research Act 1939

Overview

The Science and Industry Research Act 1939 was enacted by the Commonwealth Parliament to amend the Science and Industry Research Act 1920–1937, responding to the need for updated provisions in the management and administration of scientific and industrial research activities. The 1939 Act introduced several amendments to the Principal Act, including the insertion of new definitions, modifications to the membership and appointment processes of the Council for Scientific and Industrial Research, and adjustments to the terms of employment for officers and employees. The policy objective of these amendments was to enhance the efficiency and flexibility of the research council, ensuring it could better respond to the evolving needs of scientific and industrial research in Australia. The 1939 amendments aimed to refine the governance structure by allowing for the appointment of a Vice-chairman for the Council and State Committees, providing additional oversight and leadership. Additionally, the Act introduced provisions for the appointment of temporary and casual employees, subject to ministerial approval for periods exceeding twelve months, reflecting a pragmatic approach to managing workforce needs. These changes were intended to support the ongoing discovery and innovation efforts by the research council and its employees, thereby contributing to Australia's scientific and industrial advancement.

Scope and Application

The Science and Industry Research Act 1939 amends the Science and Industry Research Act 1920–1937 to update the framework for scientific and industrial research in Australia. The Act applies to the Council for Scientific and Industrial Research (CSIR) and its officers, as well as employees of the CSIR, encompassing various persons and entities involved in scientific and industrial research. The Act extends its application to any conduct or transactions that fall within the scope of scientific and industrial research activities as defined by the CSIR, thereby affecting multiple industries and research fields. Geographically, the Act operates within the Commonwealth of Australia, providing a national framework for research activities. There are no specific exclusions or exemptions mentioned in the Act, but certain provisions require ministerial approval for activities exceeding specified durations, such as employment of temporary or casual employees beyond twelve months. The Act also allows for further regulation and detailed provisions through subordinate instruments, enabling the Council to establish specific rules and conditions for research activities and employee engagements.

Key Provisions

The Science and Industry Research Act 1939 makes several amendments to the Science and Industry Research Act 1920–1937 (the Principal Act). Firstly, it introduces new definitions and clarifies roles within the Council for Scientific and Industrial Research (Sections 2 and 7). For instance, Section 2 amends the definition of "Employee" to mean a person employed under Section 14b of the Act, while also modifying the definition of "Officer" to exclude the phrase "employed under" and instead specify that an Officer is appointed under Section 14a. Under the amended Act, the Council for Scientific and Industrial Research is now permitted to purchase items in addition to receiving gifts, as stated in Section 3. This amendment is found in sub-section (4.) where the word "purchase" is inserted before "gift." Membership of the Council is also updated in Section 4, which now includes the appointment of a Vice-chairman alongside the Chairman, as per sub-section (1.) paragraph (b). The procedure for handling casual vacancies within the Council is outlined in Section 5, where the vacancy is to be filled by the deputy Vice-chairman (if any) of the State Committee until a new appointment is made. Additionally, the Act mandates the appointment of a Vice-chairman alongside the Chairman for State Committees, as detailed in Section 6, which amends sub-section (2.) of Section twelve a of the Principal Act. The process for appointing officers is modified in Section 7, which changes the terminology from "employed" to "appointed" in sub-section (2.) and adds that the Council may appoint officers as it determines, with the approval of the Minister. Section 8 introduces the provision for employing temporary or casual employees by the Council, specifying that such employees' pay and conditions are to be determined by the Council, subject to ministerial approval for employment exceeding twelve months. Furthermore, discoveries made by officers and employees of the Council are now covered under Section 9, which amends Section fifteen to include employees in the scope of the provision. Similarly, Section 10 modifies Section sixteen to ensure that bonuses for discoveries are applicable to both officers and employees, thus expanding the eligibility criteria.