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

Overview

The Science and Industry Research (Advisory Council and State Committees) Regulations (Repeal) Statutory Rules 1988 No. 78 was enacted to address the redundancy of existing regulations following the amendment and subsequent repeal of Part VII of the Science and Industry Research Act 1949. This amendment, introduced by the Science and Industry Research Amendment Act 1986, which came into effect on 5 December 1986, necessitated the formal repeal of the regulations made under the repealed provisions. These regulations, originally established on 22 December 1978, specified the quorum, appointment periods for members, and meeting procedures for the Advisory Council and State Committees of the Commonwealth Scientific and Industrial Research Organisation. The repeal was authorised by the Minister for Science, Customs and Small Business, ensuring the regulatory framework aligns with the current legislative structure. The policy objective of this repeal is to streamline and modernise the regulatory environment in line with the legislative changes, maintaining effective governance and oversight mechanisms within the organisation.

Scope and Application

The Science and Industry Research (Advisory Council and State Committees) Regulations (Repeal) Statutory Rules 1988 No. 78 repeals the Science and Industry Research (Advisory Council and State Committees) Regulations 1978, which previously governed the operations of the Advisory Council and State Committees for the Commonwealth Scientific and Industrial Research Organisation (CSIRO). This repeal follows the enactment of the Science and Industry Research Amendment Act 1986, which removed Part VII of the Science and Industry Research Act 1949, thus rendering the associated regulations obsolete. The repealed regulations previously defined the quorum requirements for meetings of the Advisory Council and State Committees, the duration of appointments for members of State Committees, and the procedural rules for State Committee meetings. The repeal applies nationally across Australia and affects the CSIRO, its Advisory Council, and State Committees by removing the regulatory framework that previously governed their activities. The regulation does not introduce any new exemptions or thresholds but ensures the legislative framework is aligned with the current statutory provisions.

Key Provisions

The main operative sections of the Science and Industry Research (Advisory Council and State Committees) Regulations (Repeal) Statutory Rules 1988 No. 78, detail the formal repeal of the regulations established under the Science and Industry Research Act 1949 (sections 1-4). These regulations, originally made on 22 December 1978, outlined the quorum requirements for the Advisory Council and State Committees, the duration of appointments for members of the State Committees, and the procedural guidelines for the meetings of these committees (sections 1-4). With the repeal of Part VII of the Science and Industry Research Act 1949 via the Science and Industry Research Amendment Act 1986, the regulations became obsolete, necessitating their formal repeal to ensure the legislative framework is current and accurate. The obligations and requirements imposed by the repealed regulations primarily concerned the operational procedures of the Advisory Council and State Committees within the Commonwealth Scientific and Industrial Research Organisation (CSIRO). The regulations specified the minimum number of members required to constitute a quorum for meetings of both the Advisory Council and the State Committees (section 2). Additionally, they detailed the terms of appointment for members of the State Committees, ensuring that these positions were filled for a fixed period, thereby maintaining continuity and stability in the governance of CSIRO (section 3). The procedural guidelines for conducting meetings of the State Committees were also outlined, providing a structured approach to decision-making and governance within these committees (section 4). Failure to adhere to the provisions of the repealed regulations would have resulted in procedural irregularities within the Advisory Council and State Committees of CSIRO. While the regulations themselves have been repealed, the overarching principles of proper governance, quorum requirements, and procedural integrity remain relevant. Any breach of the repealed provisions, had they still been in effect, could have led to challenges regarding the legitimacy of decisions made by the Advisory Council and State Committees, potentially impacting the overall governance and functioning of CSIRO. The regulations' repeal signifies the end of their legal enforceability, but the importance of adhering to established procedural norms persists. There are no specific offences, penalties, or civil/criminal consequences detailed in the Science and Industry Research (Advisory Council and State Committees) Regulations (Repeal) Statutory Rules 1988 No. 78, as these regulations have been formally repealed and are no longer in effect. The repeal itself serves as the resolution to any potential non-compliance issues that might have arisen under the previous regulatory framework. The focus now shifts to ensuring that any new governance structures or regulations established in place of the repealed ones maintain robust mechanisms for accountability, transparency, and procedural integrity within CSIRO’s Advisory Council and State Committees.