Science and Industry Research (Advisory Council and State Committees) Regulations (Amendment)

Overview

The Science and Industry Research (Advisory Council and State Committees) Regulations 1981 (Amendment) Statutory Rules were enacted to address a specific administrative requirement under the Science and Industry Research Act 1949. The 1949 Act established the framework for scientific and industrial research in Australia, including the formation of an advisory council and state committees. However, it became necessary to amend the regulations to ensure they remained effective and relevant in supporting the objectives of the Act. The problem or gap this legislative instrument aimed to address was the need to update the prescribed number of members for the Advisory Council, as stipulated in section 35(1)(c) of the original Act. This amendment was enacted by the Parliament of Australia, with the Governor-General acting on the advice of the Federal Executive Council. The policy objective remains to ensure that the Advisory Council can effectively provide advice on scientific and industrial research matters, thus supporting the broader goals of scientific advancement and industrial development in Australia.

Scope and Application

The Science and Industry Research (Advisory Council and State Committees) Regulations, amended by Statutory Rules 1981 No. 311, apply to the Advisory Council and the State Committees established under the Science and Industry Research Act 1949. These regulations primarily concern the composition, functions, and operational procedures of these bodies, aiming to ensure effective governance and advisory capacity in scientific and industrial research within Australia. The regulatory amendments specifically pertain to the prescribed number of members required for the quorum of the Advisory Council, as stipulated in paragraph 35(1)(c) of the Act, setting this number at 19. The geographic and jurisdictional reach of these regulations is confined to the Commonwealth of Australia, applying across all states and territories without specific exclusions or exemptions detailed in the amendment itself. However, the application of the Act and its regulations may be further extended or restricted by additional subordinate instruments, which are not explicitly covered by this particular legislative instrument.

Key Provisions

The Science and Industry Research (Advisory Council and State Committees) Regulations 1981, made under the Science and Industry Research Act 1949, amend the existing regulations by adding a new prescribed number for the purposes of paragraph 35(1)(c) of the Act. This prescribed number, which is set at 19, pertains to a specific aspect of the Council’s operations as outlined in the Act. The addition of this new regulation seeks to provide greater clarity and precision to the existing framework governing the Advisory Council and State Committees, ensuring that they can operate within the bounds set by the Act. The obligations imposed by this regulation on the parties involved are primarily related to adherence to the prescribed number of members for the Advisory Council and State Committees. This ensures that the composition of these bodies aligns with the legislative requirements, thereby maintaining the integrity and functionality of the science and industry research governance framework. The Act mandates that the Advisory Council and State Committees must operate within the parameters set by the legislation, including the specified number of members, to ensure effective oversight and advice on research initiatives. Failure to comply with the provisions of the Act, including the newly prescribed number, can result in significant consequences. While the specific offences and penalties are not detailed in the regulation itself, the Act generally provides for enforcement through the courts, which can impose penalties for non-compliance. The penalties can include fines and other sanctions, which are determined based on the severity of the breach. Additionally, continued non-compliance may lead to legal actions that could further impact the entities involved, including potential administrative penalties and the need to rectify the non-compliance within a specified timeframe. These consequences are designed to ensure that the regulatory framework is upheld and that the objectives of the Act are achieved.