Science and Industry Research Regulations (Amendment)

Legislation au C1946L00104 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1946. No. 104.

_________

REGULATIONS UNDER THE SCIENCE AND INDUSTRY RESEARCH ACT 1920-1939.*

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 1920-1939.

Dated this twenty-sixth day of June, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

J. S. COLLINGS

for and on behalf of the Prime Minister.

____________

Amendments of the Science and Industry Research Regulations.

1. Regulation 7 of the Science and Industry Research Regulation is repealed and the following regulation inserted in its stead:—

Powers of Council in regard to expenditure.

“7. This Council shall have power to expend, at its sole discretion, from moneys standing to the credit of the Science and Industry Investigation Trust Account, sums not exceeding One thousand pounds in each case, on any matters or subjects of investigation or on apparatus connected with any work of the Council for which provision has been made in the Estimates of Expenditure which have been passed by both Houses of the Parliament.”.

Meaning of “officer” and “salary” in regulation 8-12

2. Regulation 13 of the Science and Industry Research Regulations is amended by inserting in paragraph (f) after the words “has performed”, the words “, or, but for his absence on authorized leave, would have performed,”.

3. Regulation 14 of the Science and Industry Research Regulations is repealed and the following regulation inserted in its stead:—

Certain prior service may be reckoned as service with Council.

“14.—(1.) For the purposes of regulations 11 and 12 of these Regulations and of this regulation, ‘service’ includes any service which would, if an officer of the Council were a Commonwealth employee within the meaning of the Commonwealth Employees’ Furlough Act 1943-1944, be reckoned as part of his period of service for the purposes of that Act.

_________________________________________________________________________

* Notified in the Commonwealth Gazette on 27th June, 1946.

† Statutory Rules 1926, No. 125, as amended by Statutory Rules 1927, Nos. 38 and 57: 1934, No. 41; 1936, No. 13; 1937, No. 3; 1938, No. 14; 1939, Nos. 15, 45 and 83; 1940, No. 224; and 1942, No. 7.

2271.—Price 3d.


“(2.) Where an officer has been granted furlough, ‘long leave’ or pay in lieu thereof, during or by virtue of any service prior to being appointed an officer of the Council, such furlough, leave or pay shall be taken into account in determining his eligibility for leave of absence or pay in lieu thereof under regulation 11 or 12 of these Regulations, so that the leave of absence or pay in lieu thereof which may be granted under these regulations shall not exceed the difference between the leave or pay granted in respect of his prior service and the leave or pay for which he would otherwise be eligible under regulation 11 or 12 of these Regulations.

“(3.) An officer to whom this regulation applies shall not be eligible for leave of absence or pay in lieu thereof both under regulation 11 or 12 of these Regulations and under sub-section (3.) of section 14a of the Act.”.

____________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Science and Industry Research Regulations 1946 were introduced to amend the existing framework governing the administration and oversight of the Science and Industry Research Act 1920-1939. Enacted by the Governor-General in accordance with the Federal Executive Council, these regulations were aimed at refining the governance structure and financial controls within the Council to better align with the evolving demands of scientific research and industrial development in Australia during this period. The amendments sought to clarify and expand the discretion of the Council in allocating funds for research activities and to ensure that the leave entitlements of officers are fairly and accurately calculated, taking into account prior service. These adjustments were intended to streamline administrative processes and improve the efficiency of the Council’s operations, thereby supporting the overarching policy objective of fostering scientific and industrial progress within the nation.

Scope and Application

The Science and Industry Research Regulations 1946, under the Science and Industry Research Act 1920-1939, apply to the Council for Scientific and Industrial Research, its officers, and any matters or subjects of investigation or apparatus connected with the Council's work for which provision has been made in the Estimates of Expenditure passed by both Houses of the Parliament. These regulations are applicable on a national level as they are enacted under Commonwealth law. They govern the expenditure by the Council, defining the circumstances under which it may disburse funds from the Science and Industry Investigation Trust Account, specifically limiting individual expenditures to not more than One thousand pounds per case. Furthermore, these regulations provide definitions and conditions for terms such as "officer" and "salary," and outline the circumstances under which prior service may be considered in determining an officer's eligibility for leave or pay in lieu thereof. The regulations extend their application through subordinate instruments by amending existing regulations and repealing outdated ones, ensuring that the governance of scientific and industrial research activities remains current and effective.

Key Provisions

The key provisions of the Science and Industry Research Regulations, as amended in 1946, include several significant changes and clarifications to existing regulations. Firstly, Regulation 7 now explicitly grants the Council the authority to disburse funds up to £1,000 from the Science and Industry Investigation Trust Account for specific investigative matters or apparatus, provided these align with the approved Estimates of Expenditure passed by both Houses of Parliament (Reg. 7). Secondly, Regulation 13 has been amended to ensure that service periods for officers include any time that would have been considered service under the Commonwealth Employees' Furlough Act 1943-1944, even if the officer was on authorized leave during that period (Reg. 13, amended). Finally, Regulation 14 has been entirely replaced to clarify how prior service, including furlough or leave, can be factored into an officer's eligibility for leave or pay under certain regulations (Reg. 14). These regulations impose several obligations on the parties they govern. The Council must ensure that any expenditure over £1,000 requires additional parliamentary approval beyond what is provided in the Estimates of Expenditure (Reg. 7). Officers must accurately report any prior service that might affect their current leave entitlements, ensuring that their claims are consistent with both the new and existing regulations (Reg. 14). Additionally, the regulations necessitate that any leave or pay granted to officers under these provisions does not exceed the entitlements they would have accrued under other acts or regulations, preventing double benefits (Reg. 14(3)). Failure to comply with these regulations may result in various consequences. While the document does not explicitly state penalties for non-compliance, breaches of the specified financial controls or misrepresentation of service periods could potentially lead to disciplinary actions under the broader framework of the Science and Industry Research Act 1920-1939. Officers found to be improperly claiming leave or pay might face administrative sanctions, including recoupment of improperly received benefits or other corrective measures deemed appropriate by the Council.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Administrative Discretion

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.