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

Overview

The Science and Industry Research (Advisory Council and State Committees) Regulations 1978 were enacted to provide a regulatory framework under the Science and Industry Research Act 1949. The Act itself was designed to promote and coordinate research in science and industry, thereby fostering innovation and technological advancement in Australia. These regulations specifically address the administrative and operational aspects of the Advisory Council and State Committees established under the Act, ensuring effective governance and efficient functioning of these bodies. The Science and Industry Research (Advisory Council and State Committees) Regulations 1978 were made by the Governor-General acting on the advice of the Federal Executive Council, as is customary with legislative instruments in Australia. The overarching policy objective is to streamline the operations of the Advisory Council and State Committees, enabling them to effectively advise on and support research initiatives across various scientific and industrial sectors.

Scope and Application

The Science and Industry Research (Advisory Council and State Committees) Regulations, established under the Science and Industry Research Act 1949, pertain to the governance and operation of the Advisory Council and the State Committees within the Australian context. These regulations apply to the members of the Advisory Council and State Committees, setting forth the quorum requirements and operational guidelines for these entities. Specifically, a quorum for a meeting of the Advisory Council is constituted by 15 members, while for a State Committee, a quorum is formed by 6 members. Members of the State Committees are appointed for a period not exceeding five years, with the possibility of re-appointment, and are required to convene at least three meetings annually. The regulations also dictate the procedures for convening and conducting meetings, including the roles of the Chairman and the decision-making process. Additionally, these regulations repeal all previous regulations related to the Advisory Council and State Committees, ensuring that only the current provisions are in effect. The scope of these regulations is limited to the operational framework of the Advisory Council and State Committees and does not extend to the broader activities of scientific and industrial research unless specified by other legislation or subordinate instruments.

Key Provisions

The main operative sections of these Regulations (Regulations) provide specific requirements and permissions for the Advisory Council and State Committees established under the Science and Industry Research Act 1949. Regulation 3 specifies that a quorum for a meeting of the Advisory Council must consist of at least 15 members. Regulation 4 outlines that members of a State Committee can be appointed for a period not exceeding five years and are eligible for reappointment. Regulation 5 details the frequency and procedural aspects of State Committee meetings, including the quorum requirement of six members, the role of the Chairman, and the decision-making process. These Regulations impose several obligations and requirements on the parties involved. Firstly, the Advisory Council must ensure that at least 15 members are present to form a quorum for any meeting. Secondly, State Committees are mandated to hold meetings at least three times a year, with additional meetings convened as necessary by the Chairman or as directed by the Minister. The Regulations also detail the voting process, whereby decisions are made by a majority vote of the members present and voting, with the Chairman or presiding member having a deliberative and casting vote in the event of a tie. There are no explicit provisions detailing offences, penalties, or consequences for breach of these Regulations. However, given the legislative context and the nature of the obligations outlined, non-compliance could potentially lead to administrative consequences, such as the invalidity of decisions made without a proper quorum or in violation of the meeting frequency requirements. Furthermore, persistent failure to adhere to the stipulated meeting protocols could result in broader oversight or intervention by the Minister or other relevant authorities to ensure the proper functioning of the Advisory Council and State Committees.