EXPLANATORY STATEMENT
Variation to Funding Rules made under section 60 of the Australian Research Council Act 2001
Special Research Initiatives
Issued by the authority of the Minister for Education
Authority
Section 61(1) of the Australian Research Council Act 2001 provides that if the CEO considers that a variation of a set of approved funding rules is necessary or desirable, the CEO may, with the approval of the Minister vary the set of rules.
Purpose and effect
On 18 February 2008, the Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 (Funding Rules) were approved under section 60 of the Act.
The Funding Rules were varied by three variation instruments:
- Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No.1) (FRLI: F2009L02868) (date approved 27 May 2009)
- Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No.2) (FRLI: F2009L02303) (date approved 26 May 2009), and
- Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No.2) (FRLI: 2009L02869) (date approved 29 May 2009).
The three variation instruments were all registered on the Federal Register of Legislative Instruments on 28 July 2009 and commenced simultaneously on 29 July 2009 as a consequence of the operation of s 12(1)(d) of the Legislative Instruments Act 2003. As a consequence of all three instruments seeking to vary Appendix 2 at the same time, there is uncertainty about what version of Appendix 2 is the law.
The Australian Research Council has administered the Funding Rules on the basis that the version of Appendix 2 that is the law is the version appearing in Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No.2) (FRLI: F2009L02303). This variation clarifies which version of Appendix 2 is the current law.
Commencement
This variation takes effect from 26 May 2009.
Retrospective commencement is appropriate in this instance to clarify which version of Appendix 2 is the law. This variation does not breach s 12(2) of the Legislative Instruments Act 2003.
Consultation
The Australian Research Council sought advice from the Australian Government Solicitor who prepared the above mentioned documents including the varied instrument and explanatory statement.
Consultation with the Office of Parliamentary Counsel in preparing the lodgement through the Federal Registrar of Legislative Instruments (FRLI).