Science and Industry Research (Consultative Council) Regulations

Administered by Department of Industry, Science and Resources

Legislation au F1997B01803 Regulations Not in force Legislative Instrument

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Science and Industry Research (Consultative Council) Regulations

Statutory Rules 1979 No. 207 as amended

made under the

Science and Industry Research Act 1949

This compilation was prepared on 27 August 2004
taking into account amendments up to SR 1988 No. 77

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Membership of Consultative Council 

 4 Deputy Chairperson 

 5 Meetings 

 6 Inquiries 

 7 Minority reports 

Notes   

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Science and Industry Research (Consultative Council) Regulations.

2 Interpretation

  In these Regulations:

Consultative Council means the Consultative Council established by section 56 of the Act.

the Act means the Science and Industry Research Act 1949.

3 Membership of Consultative Council

 (1) The Consultative Council shall consist of the following members:

 (a) a Chairperson, being a person referred to in paragraph 56 (1) (a) of the Act, appointed by the Board;

 (b) persons, not exceeding 7 in number, referred to in paragraph 56 (1) (a) of the Act, appointed by the Board;

 (c) 2 persons, being representatives of the CSIRO Officers Association, appointed by that Association;

 (d) 2 persons, being representatives of the Commonwealth Scientific and Industrial Research Organisation Technical Association, appointed by that Association;

 (e) 1 person, being a representative of the Administrative and Clerical Officers’ Association, Commonwealth Public Service, appointed by that Association;

 (f) 1 person, being a representative of the Australian Public Service Association, appointed by that Association;

 (g) 1 person, being a representative of the C.S.I.R.O. Laboratory Craftsmen Association, appointed by that Association; and

 (h) 1 person, being a representative of registered organisations whose members include officers, appointed by the Consultative Council on the nomination of those registered organisations.

 (2) The Chairperson of the Consultative Council may be referred to as the Chairman or Chairwoman, as the case requires.

 (3) A power referred to in subregulation (1) to make an appointment to the Consultative Council shall be construed as including a power to remove or suspend any person appointed, and to appoint another such person temporarily to act in the place of any person so suspended or in place of any sick or absent member of the Consultative Council.

 (4) A person appointed, in accordance with this regulation, temporarily to act in the place of a member of the Consultative Council has all the functions, powers and duties of the member in whose place he is acting and, for the purpose of constituting a quorum at a meeting of the Consultative Council, shall be taken to be the member in whose place he is acting.

 (5) The power of the Consultative Council to remove or suspend a person appointed under paragraph (1) (h) or to appoint another person temporarily to act in the place of such a person shall only be exercisable upon the recommendation of the registered organisations referred to in that paragraph.

 (6) The appointment of the member referred to in paragraph (1) (h) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connection with his nomination.

 (7) The Consultative Council shall be deemed to have been constituted upon the appointment of the members referred to in paragraphs (1) (a) to (g) inclusive.

 (8) The performance of the functions of the Consultative Council is not affected by reason of there being a vacancy or vacancies in the membership of the Consultative Council.

 (9) In this regulation, registered organisation means an organisation (other than an organisation referred to in paragraph (1) (c), (d), (e), (f) or (g)) that is registered under the Conciliation and Arbitration Act 1904.

4 Deputy Chairperson

 (1) There shall be a Deputy Chairperson of the Consultative Council who shall be chosen by the Consultative Council from the members who are representatives of organisations of officers.

 (2) The Deputy Chairperson of the Consultative Council may be referred to as the Deputy Chairman or Deputy Chairwoman, as the case requires.

5 Meetings

 (1) The Consultative Council shall hold such meetings as are necessary for the performance of its functions, but shall meet at least once in each year.

 (2) The Chairperson of the Consultative Council:

 (a) may, at any time, convene a meeting of the Consultative Council, and shall comply with any resolution of the Consultative Council that a meeting be convened; and

 (b) shall, if directed to do so by the Board, convene a meeting of the Consultative Council.

 (3) At a meeting of the Consultative Council a quorum is constituted by the Chairperson of the Consultative Council (or in his absence, the Deputy Chairperson) and 9 other members, of whom:

 (a) 4 shall be persons appointed under paragraph 3 (1) (a) or (b);

 (b) 5 shall be representatives of organisations of officers.

 (4) The Chairperson of the Consultative Council shall preside at all meetings of the Consultative Council at which he is present.

 (5) The Deputy Chairperson of the Consultative Council shall preside at a meeting of the Consultative Council at which no other person entitled to preside at the meeting is present.

 (6) All questions arising at a meeting of the Consultative Council shall be decided by a majority of the votes of the members present and voting.

 (7) The Consultative Council may regulate the conduct of proceedings at its meetings as it thinks fit.

 (8) The Consultative Council may invite a person to attend a meeting of the Consultative Council for the purpose of advising or informing the Consultative Council on any matter.

 (9) In this regulation, year means the period of 12 months commencing on 1 July 1979 and each subsequent period of 12 months.

6 Inquiries

  The Consultative Council may, as a whole or by means of
sub-committees or individual members of the Consultative Council appointed by it for the purpose, conduct such inquiries as appear to the Consultative Council to be necessary for the full and proper consideration of any matter before it.

7 Minority reports

  Where the voting on a resolution of the Consultative Council relating to a report to be made by the Consultative Council to the Board is not unanimous, the report to the Board shall be accompanied by a statement in summary form of the views of those members who were present at the meeting but did not vote in favour of the resolution.

Notes to the Science and Industry Research (Consultative Council) Regulations

Note 1

The Science and Industry Research (Consultative Council) Regulations (in force under the Science and Industry Research Act 1949) as shown in this compilation comprise Statutory Rules 1979 No. 207 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1979 No. 207

2 Oct 1979

2 Oct 1979

 

1981 No. 90

6 May 1981

24 Nov 1980

1988 No. 77

5 May 1988

5 May 1988

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 2.................

rs. 1988 No. 77

R. 3.................

am. 1981 No. 90; 1988 No. 77

R. 4.................

am. 1988 No. 77

R. 5.................

am. 1988 No. 77

R. 7.................

am. 1988 No. 77

 

 

Overview

The Science and Industry Research (Consultative Council) Regulations, made under the Science and Industry Research Act 1949, establish the framework for the Consultative Council's operations within the scientific and industry research sector. The primary objective of these regulations is to provide a structured approach to the functioning of the Consultative Council, ensuring effective representation from various stakeholders, including government entities, scientific associations, and officer representatives. The regulations define the council’s membership, the appointment process, meeting procedures, and the conduct of inquiries. They were introduced to address the need for a formalised consultative mechanism that ensures diverse representation and effective communication between the council and the Board. These regulations were enacted by the Australian Parliament and were designed to ensure that the Consultative Council operates efficiently and inclusively. The overarching policy objective is to facilitate informed decision-making and policy development in the realm of science and industry research by incorporating varied perspectives from the scientific community, industry associations, and officer representatives. This legislative framework aims to enhance the collaborative efforts between the Consultative Council and the Board, ensuring that the council's recommendations are well-founded and comprehensive.

Scope and Application

The Science and Industry Research (Consultative Council) Regulations 1979, made under the Science and Industry Research Act 1949, govern the establishment, composition, and operations of the Consultative Council. This Council consists of various members including a Chairperson and representatives from different scientific and industrial associations, tasked with providing advice on science and industry research matters to the Board. The Regulations detail the appointment process, membership requirements, meeting procedures, and the ability of the Council to conduct inquiries and issue reports, including minority reports in case of non-unanimous decisions. The application of these Regulations extends to the Commonwealth of Australia, providing a framework for the Consultative Council's activities and ensuring its structured and effective operation in line with the objectives of the parent Act.

Key Provisions

The Science and Industry Research (Consultative Council) Regulations, made under the Science and Industry Research Act 1949, outline the composition and operations of the Consultative Council, which is a body established to provide advice on matters related to science and industry research. The Regulations are structured to define membership, roles, meeting procedures, and other operational aspects of the Consultative Council. The Consultative Council is primarily composed of a Chairperson and up to nine other members, including representatives from various scientific and research-related associations (section 3). These members are appointed by the Board or by the respective associations they represent. The Chairperson has the authority to convene meetings and direct the conduct of proceedings (section 5(2)). Meetings of the Consultative Council must occur at least once a year, with a quorum consisting of the Chairperson or Deputy Chairperson and nine other members (section 5(3)). The Council can invite individuals to attend meetings to provide advice or information on matters before it (section 5(8)). Additionally, the Council has the power to conduct inquiries and issue reports, which may include minority reports if there is no unanimous agreement on a resolution (sections 6 and 7). The Regulations impose several obligations on the Consultative Council and its members. The Chairperson and Deputy Chairperson are responsible for convening meetings and ensuring they are conducted according to the Council's resolutions (section 5(2)). Members are expected to participate in meetings, vote on resolutions, and adhere to the Council's procedures (section 5(4)). The Council must also ensure that its inquiries are thorough and that any reports include a summary of dissenting views if there is no unanimous agreement (sections 6 and 7). Furthermore, the Council has the power to remove or suspend members, or to appoint temporary replacements, though certain removals require the recommendation of the relevant registered organisations (section 3(3) and (5)). Breach of the obligations set out in the Regulations can lead to various consequences. While the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in the Regulations, any failure to adhere to the Council's procedures or duties could potentially result in disciplinary action, depending on the context and the nature of the breach. Additionally, the Act under which these Regulations are made may provide for broader penalties for non-compliance with statutory requirements. However, the Regulations themselves do not specify particular offences or penalties.

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