Science and Industry Research Appropriation Act 1938

Overview

The Science and Industry Research Appropriation Act 1938 was enacted by the Parliament of the Commonwealth of Australia with the aim of addressing the need for dedicated funding for scientific and industrial research. This Act was introduced to provide financial support for the Commonwealth Council for Scientific and Industrial Research, enabling the construction and equipment of laboratories and other facilities necessary for research activities. The establishment of the Science and Industry Capital Trust Account, as outlined in the Act, was intended to ensure that the allocated funds were appropriately managed and used for the intended purposes. The Act was assented to on 30th June 1938, and it provided a formal mechanism for appropriating the specified sum from the Consolidated Revenue Fund to support scientific and industrial research endeavours in the country.

Scope and Application

The Science and Industry Research Appropriation Act 1938 applies to the allocation of a specific sum of money from the Consolidated Revenue Fund to be used for scientific and industrial research purposes. This Act is pertinent to the Commonwealth Council for Scientific and Industrial Research, which was constituted under the Science and Industry Research Act 1920–1937. The legislation establishes a Trust Account, known as the Science and Industry Capital Trust Account, which is designated for the funding of scientific and industrial research activities. The Act applies to the construction and equipping of laboratories and other buildings intended for scientific and industrial investigations and research. It has a national reach, as it is a Commonwealth Act, and there are no stated exclusions, exemptions, or thresholds within the text of the Act itself. However, the Act may be subject to further regulation or clarification through subordinate instruments or related legislation.

Key Provisions

The Science and Industry Research Appropriation Act 1938 (sections 1-5) provides a legal framework for the allocation and use of a specific sum of money for scientific and industrial research. The Act establishes a Trust Account, referred to as the Science and Industry Capital Trust Account, and mandates the payment of £250,000 from the Consolidated Revenue Fund into this account. The moneys in the Trust Account can then be used for the construction and equipment of laboratories and other buildings necessary for scientific and industrial investigations and research, conducted by the Commonwealth Council for Scientific and Industrial Research as per the Science and Industry Research Act 1920-1937. The Act imposes obligations on the Commonwealth to establish the Trust Account and to ensure that the specified sum is paid into it. It also requires that the funds in the Trust Account be used exclusively for the purposes outlined in section 5 of the Act, which is the construction and equipping of facilities for scientific and industrial research. The Commonwealth Council for Scientific and Industrial Research must ensure that these funds are utilised effectively for the stated purpose and in accordance with the Act's provisions. Additionally, the Audit Act 1901-1934 will apply to the Trust Account, ensuring oversight and compliance with auditing standards. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Act for breaches of its provisions. However, the Trust Account is subject to the provisions of the Audit Act 1901-1934, which may include certain auditing and reporting requirements. Failure to comply with these requirements could lead to administrative consequences, but specific penalties or enforcement mechanisms are not detailed within the Act itself. The Act focuses primarily on the appropriation and application of funds for scientific and industrial research, leaving the detailed consequences of non-compliance to be addressed under the broader legislative framework, such as the Audit Act.