EXPLANATORY STATEMENT
SCIENCE AND INDUSTRY RESEARCH (CONSULTATIVE COUNCIL) REGULATIONS (AMENDMENT)
STATUTORY RULES 1988 NO. 77
Issued with the authority of the Minister
for Science, Customs and Small Business.
The Science and Industry Research Legislation Amendment Act 1986 came into operation on 5 December 1986. This Act amended the Science and Industry Research Act 1949 (the Act), inter alia, to replace the former Executive of the Commonwealth Scientific and Industrial Research Organisation with a Board. In particular, section 56 of the Act was amended to provide that the CSIRO Consultative Council shall report to the Board which is now responsible for the appointment of those Council members who are management representatives.
Subsection 56(3) of the Act requires that regulations be made to prescribe the constitution of the CSIRO Consultative Council and the manner in which that Council is to carry out its functions. The amending regulations alter the principal regulations to reflect the changes made to section 56 of the Act and other corresponding changes in terminology included in the 1986 Act. The opportunity has been taken to update the name of one of the member staff associations of Council.
Overview
The Science and Industry Research (Consultative Council) Regulations (Amendment) Statutory Rules 1988 No. 77 were issued under the authority of the Minister for Science, Customs and Small Business. These regulations were introduced to amend the existing Science and Industry Research Act 1949, updating the constitution of the CSIRO Consultative Council in line with the changes made by the Science and Industry Research Legislation Amendment Act 1986. This amendment replaced the former Executive of the Commonwealth Scientific and Industrial Research Organisation with a Board and altered the responsibilities and structure of the Consultative Council, including the process for appointing management representatives. The policy objective of these amendments was to modernise the governance structure of the CSIRO, ensuring it is well-suited to effectively address the evolving needs of scientific and industrial research in Australia. The regulations aim to streamline the reporting lines and responsibilities within the organisation, enhancing its operational efficiency and responsiveness to policy directives.
Scope and Application
The Science and Industry Research (Consultative Council) Regulations (Amendment) Statutory Rules 1988 No. 77 pertain to the administration and governance of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) Consultative Council, as established under the Science and Industry Research Act 1949. These regulations are consequential to the legislative changes introduced by the Science and Industry Research Legislation Amendment Act 1986, which fundamentally altered the organisational structure of CSIRO by replacing the former Executive with a Board. Specifically, the regulations address the constitution of the CSIRO Consultative Council and the procedures it must follow in its operations, now that it reports to the Board. These regulations apply to the members of the CSIRO Consultative Council, which includes representatives from management and staff, ensuring that their roles and responsibilities align with the new governance framework established by the Act. The scope of these regulations is national, extending across the Commonwealth of Australia, and they apply to the CSIRO Consultative Council in its entirety, with no specific exclusions noted in the explanatory statement. The amendments also update the nomenclature of the member staff associations within the Council, reflecting the current naming conventions.
Key Provisions
The key operative sections of the Science and Industry Research (Consultative Council) Regulations (Amendment) Statutory Rules 1988 (No. 77) are those that amend the principal regulations to reflect changes made by the Science and Industry Research Legislation Amendment Act 1986 (section 56). Specifically, these amendments alter the constitution of the CSIRO Consultative Council and the manner in which it is to carry out its functions, now reporting to the Board rather than the Executive (subsection 56(3)). The regulations also update terminology and the name of a member staff association, ensuring consistency with the legislative changes introduced by the 1986 Act.
These regulations impose obligations on the parties involved to adhere to the updated structure and functions of the CSIRO Consultative Council. The Board is now responsible for appointing Council members who are management representatives, ensuring that the Council’s composition and operational procedures align with the legislative framework established by the Science and Industry Research Act 1949. The regulations require that these changes be reflected in the Council’s constitution and day-to-day activities, ensuring that it effectively serves its purpose under the Act.
There are no explicit offences, penalties, or civil/criminal consequences outlined in these regulations themselves. However, any breach of the Science and Industry Research Act 1949 or its associated regulations could lead to legal repercussions. For instance, non-compliance with the Act's provisions regarding the Consultative Council’s constitution or functions could result in legal action being taken against the Board or other responsible parties. Penalties for breaches of the Act would depend on the nature and severity of the breach, potentially including fines or other sanctions as prescribed by the Act.