Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No. 1) 2014

Overview

The Australian Research Council Act 2001 was enacted to provide for the establishment and operation of the Australian Research Council, facilitating and funding research and development in Australia. It was introduced to address the need for a structured and efficient body to oversee research funding, ensuring that research priorities align with national interests and economic objectives. The Act was enacted by the Parliament of Australia, with a policy objective of promoting high-quality research and development, enhancing Australia's research capabilities and fostering innovation. The Explanatory Statement for the variation to the Special Research Initiatives Funding Rules made under section 60 of the Act in 2009 clarifies the version of Appendix 2 that is legally binding, resolving uncertainty caused by multiple variation instruments. This variation, approved by the Minister for Education and issued on 26 May 2009, ensures that the correct version of the funding rules is applied, thus maintaining legal certainty and consistency in the administration of research funding.

Scope and Application

The variation to the Special Research Initiatives Funding Rules made under section 60 of the Australian Research Council Act 2001 applies to the approved funding rules for special research initiatives, specifically addressing the uncertainty that arose from the simultaneous variation of Appendix 2 by three separate instruments. This Act applies to the Australian Research Council and entities or individuals participating in special research initiatives funded by the Council. The geographic and jurisdictional reach of this legislation is nationwide, encompassing the entire Commonwealth of Australia. This variation does not introduce any exclusions or exemptions and does not establish new thresholds. However, it does clarify the legal status of the variations to the funding rules, ensuring that the correct version of Appendix 2 is recognised as the law. The Act extends its application through subordinate instruments, such as the three variation instruments, which were approved by the Minister and registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the variation to the Special Research Initiatives Funding Rules (FRLI: F2015L01690) concern the clarification of which version of Appendix 2 is legally binding. This variation was made necessary due to the uncertainty caused by three separate variation instruments, all of which were approved and registered on 28 July 2009, but which aimed to vary the same section of the original funding rules. Specifically, the confusion arises from the simultaneous registration of these variations, leading to ambiguity regarding the correct version of Appendix 2 that should be enforced. This variation aims to resolve this issue by explicitly stating that the version of Appendix 2 in Special Research Initiatives Funding Rules for funding commencing in 2008-2009 or 2009-2010 Variation (No.2) (FRLI: F2009L02303) is the authoritative one. The obligations and requirements imposed by this variation on the parties governed by the Australian Research Council Act 2001 include adherence to the clarified version of Appendix 2 as the definitive legal document. This entails that all stakeholders, including research institutions, applicants, and the Australian Research Council itself, must operate in accordance with the specified version of Appendix 2. This requirement ensures consistency and clarity in the administration of the Special Research Initiatives, thereby facilitating a smooth and transparent process for funding and research activities. The variation also includes provisions for retrospective commencement, effective from 26 May 2009. This retrospective application is designed to ensure that the legal uncertainties that arose from the simultaneous registration of the variations are addressed promptly and effectively. The legislative intent is to maintain the integrity and clarity of the funding rules without causing undue disruption to ongoing research initiatives. By clarifying which version of Appendix 2 is legally binding, the variation ensures that there are no ambiguities that could potentially lead to disputes or legal challenges. In terms of consequences for breach, the explanatory statement does not specify any particular offences or penalties for non-compliance with the clarified version of Appendix 2. However, it is implied that adherence to the correct legal version is mandatory and non-compliance could potentially lead to disputes or legal actions. Given the nature of the clarification, it is reasonable to infer that any failure to comply with the stipulated version of Appendix 2 could result in administrative penalties or other consequences as deemed appropriate by the Australian Research Council or relevant authorities. The emphasis remains on maintaining clarity and consistency in the application of the funding rules.