STATUTORY RULES.
1927. No. 57.
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REGULATIONS UNDER THE SCIENCE AND INDUSTRY RESEARCH ACT 1920-1926.
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 1920-1926, to come into operation forthwith.
Dated this twentieth day of June, 1927.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
S. M. BRUCE,
Prime Minister.
Amendment of Science and Industry Research Regulations.
(Statutory Rules 1926, No. 125, as amended by Statutory Rules 1927, No. 38.)
After regulation 3 of the Science and Industry Research Regulations, the following regulation is inserted:—
Salary and period of appointment of Chief Executive Officer.
“3a.—(1.) The Chief Executive Officer shall be paid such salary as the Council, with the approval of the Minister, determines.
“(2.) The period of engagement of the officer holding the office of Chief Executive Officer shall be the period from the date of his appointment until the attainment by him of the age of sixty years.”
Regulation 4 of the Science and Industry Research Regulations is amended by inserting in sub-regulation (1.) after the word “Act” the words “other than the Chief Executive Officer”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.8862.—Price 3d.
Overview
The Science and Industry Research Act 1920-1926 was enacted to address the need for the coordination and support of scientific and industrial research in Australia, with a focus on enhancing the nation's industrial and economic development through research initiatives. This Act was introduced by the Commonwealth Parliament with the objective of establishing a framework for the administration and funding of scientific and industrial research. To further refine the governance structure of this research, Statutory Rules 1927, No. 57 amends the Science and Industry Research Regulations, introducing new provisions regarding the salary and term of the Chief Executive Officer, who is now subject to a maximum age of sixty years for their tenure, and ensuring that this officer's terms are distinct from other appointments under the Act. This amendment aims to provide stability and continuity in the leadership of research initiatives while maintaining flexibility in the appointment process.
Scope and Application
The Science and Industry Research Regulations made under the Science and Industry Research Act 1920-1926, set out specific provisions for the administration and governance of the activities funded and overseen by the Council for Scientific and Industrial Research, now known as the Commonwealth Scientific and Industrial Research Organisation (CSIRO). These regulations apply to the Chief Executive Officer of the CSIRO, determining their salary and the duration of their appointment, which extends until the officer reaches the age of sixty years. Furthermore, the regulations specify that the terms outlined in Regulation 4 do not apply to the Chief Executive Officer, thus setting distinct conditions for this role. The regulations are applicable within the Commonwealth of Australia, governing the operations of the CSIRO which is a statutory body established to conduct scientific research and provide expert advice on scientific matters to the Australian Government.
These regulations illustrate the Commonwealth's approach to regulating the activities of scientific research entities, ensuring that the leadership within such organisations is clearly defined in terms of remuneration and tenure. By setting specific terms for the Chief Executive Officer, the regulations aim to provide stability and clear expectations within the highest echelons of the CSIRO. Additionally, these provisions underscore the legislative intent to allow for flexible management within the constraints of the overarching Act, which is designed to promote scientific and industrial research in Australia.
Key Provisions
The Science and Industry Research Regulations 1927 introduce two significant provisions under the Science and Industry Research Act 1920-1926. Firstly, Regulation 3a mandates that the Chief Executive Officer (CEO) of the relevant body will receive a salary determined by the Council, subject to the Minister's approval (Regulation 3a(1)). Additionally, the CEO's tenure is set to last until they reach the age of sixty years, as stipulated in Regulation 3a(2). Secondly, Regulation 4 is amended to exclude the CEO from the provisions of the original regulation, clarifying that certain conditions do not apply to the CEO (Regulation 4(1) as amended).
These regulations impose specific obligations on the Council and the Minister regarding the appointment and remuneration of the CEO. The Council is tasked with determining the CEO's salary, but this decision must receive the Minister's approval. This requirement ensures that the remuneration package is both fair and within the budgetary constraints set by the government. Moreover, the fixed term of office until the CEO reaches sixty years old establishes a clear expectation for the duration of service and sets a retirement age for the position.
Failure to comply with these provisions could result in legal repercussions. For instance, if the Council sets a salary without the Minister's approval, it may be considered an unlawful decision. Similarly, any deviation from the specified period of appointment could lead to disputes or legal challenges regarding the CEO's tenure. While the regulations do not explicitly outline specific penalties for non-compliance, breaches of statutory obligations in such contexts can typically result in administrative or judicial action, potentially including fines or other corrective measures. The precise consequences would depend on the specific circumstances and the applicable laws governing administrative actions and breaches of public office.