STATUTORY RULES.
1938. No. 14.
REGULATIONS UNDER THE SCIENCE AND INDUSTRY RESEARCH ACT 1920-1937.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Science and Industry Research Act 1920-1937.
Dated this second day of February, 1938.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for Prime Minister.
Amendments of the Science and Industry Research Regulations.†
Chief Executive Officer and Deputy Chief Executive Officer.
Regulation 3a of the Science and Industry Research Regulations is amended by omitting sub-regulation (2) and inserting in its stead the following sub-regulations:—
“(2.) Subject to this regulation, an officer holding the office of—
(a) Chief Executive Officer, or
(b) Deputy Chief Executive Officer,
shall continue to hold office until he attains the age of sixty-five years, but shall be entitled to retire, if he so desires, upon attainment of the age of sixty years. If he continues to be an officer of the Council after he has attained the age of sixty years, the Council may, with the approval of the Minister, at any time retire him from the service of the Council.
“(3.) When an officer holding one of the offices specified in sub-regulation (2) of this regulation has attained the age of sixty-five years, and, in the opinion of the Council, it is desirable in the interests of the Commonwealth that he should continue in the performance of the duties of his office, and he is able and willing to do so, the Council may, with the approval of the Minister, direct the officer to continue in his office for any period not exceeding one year.
“(4.) If it appears to the Council that an officer holding one of the offices specified in sub-regulation (2) of this regulation has become unfit to discharge, or incapable of discharging, the duties of his office efficiently by reason of ill health or misconduct, the Council may, with the approval of the Minister, retire him from the service of the Council.”.
* Notified in the Commonwealth Gazette on , 1938.
† Statutory Rules 1926, No. 125, as amended by Statutory Rules, 1927, Nos. 38 and 57; 1934, No. 41; 1936, No. 13; and 1937, No. 3.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
359.—6/24.1.1938.—Price 3d.
Overview
The Science and Industry Research Regulations of 1938 were enacted under the authority of the Science and Industry Research Act 1920-1937 by the Governor-General in Council, in response to the need to refine the administrative structure governing scientific research and industry development in Australia. These regulations were designed to address gaps in the existing legislative framework by providing specific guidelines on the terms of service for high-ranking officers within the research council. The primary objective of these regulations was to ensure that the leadership of scientific research institutions remained efficient and aligned with the broader interests of the Commonwealth, while also providing mechanisms for the orderly transition of leadership roles. By specifying the terms of office, retirement policies, and conditions for continuation or removal of officers, the regulations sought to maintain high standards of governance and performance within these institutions.
Scope and Application
These regulations, made under the Science and Industry Research Act 1920-1937, govern the tenure and conditions of service for the Chief Executive Officer and Deputy Chief Executive Officer of the Commonwealth Scientific and Industrial Research Organisation (CSIRO). The act applies specifically to these high-ranking officers within CSIRO, which is a statutory authority established for the purpose of undertaking scientific research and development. The geographic and jurisdictional reach of these regulations is limited to the Commonwealth of Australia, affecting officers within the federal jurisdiction. The regulations set out the age limits for service, including mandatory retirement at 65 and the option to retire at 60, with the possibility of extension for an additional year if deemed necessary by the Council and approved by the Minister. Additionally, the regulations provide for the removal of officers who are unfit or incapable of performing their duties due to ill health or misconduct, again requiring the approval of the Minister. There are no stated exclusions or thresholds in these regulations, and they do not extend or restrict application through subordinate instruments.
Key Provisions
The Science and Industry Research Regulations 1938, made under the Science and Industry Research Act 1920-1937, contain key provisions that alter the tenure and conditions of service for the Chief Executive Officer and Deputy Chief Executive Officer of the Council. Regulation 3a outlines the updated terms for these positions. According to sub-regulation (2), an officer holding either of these positions must continue to hold office until they reach the age of sixty-five. However, they can choose to retire at the age of sixty, with the possibility of continuing to serve if the Council and the Minister approve. If an officer continues past sixty, the Council, with Ministerial approval, can retire them at any time. Sub-regulation (3) provides that if the officer is deemed fit and willing to continue in their role beyond sixty-five, the Council, with Ministerial approval, can extend their tenure for up to one additional year. Finally, sub-regulation (4) allows for the removal of an officer who is unfit or unable to perform their duties due to health issues or misconduct, also requiring Council and Ministerial approval.
These regulations impose several obligations on the Council and the Minister. The Council must ensure that officers holding these positions comply with the age and fitness requirements stipulated in the Regulations. This includes assessing the officer's ability to perform their duties and making decisions on retirement or extension of service. The Minister must provide approval for any decision to retire an officer, extend their tenure, or remove them due to unfitness or misconduct. Both the Council and the Minister must act in the interests of the Commonwealth when making these decisions, ensuring that the positions are filled by capable individuals who can effectively discharge their duties.
The Regulations do not explicitly outline specific offences, penalties, or consequences for breaches. However, the requirement for Ministerial approval on significant decisions such as retirement or removal of an officer implies that failure to adhere to the stipulated process could lead to administrative or legal repercussions. While the exact nature of these consequences is not detailed in the Regulations, any deviation from the approved procedures might result in the nullification of decisions made without proper approval, potentially leading to further administrative actions or judicial review. The absence of explicit penalties in the Regulations suggests that the primary enforcement mechanism relies on the internal governance and oversight structures within the Council and the Ministerial approval process.