Industry Research and Development Amendment (Innovation and Science Australia) Act 2016 (63 of 2016)

Schedule 1   Amendments

Part 1   Main amendments

Industry Research and Development Act 1986

34   After Part III

Insert:

Part IV - Programs relating to industry, innovation, science and research

33 Industry, innovation, science and research programs

(1) The Minister may, by legislative instrument, prescribe one or more programs in relation to industry, innovation, science or research, including in relation to the expenditure of Commonwealth money under such programs.

(2) A program may only be prescribed under subsection (1) to the extent that it is with respect to one or more legislative powers of the Parliament.

(3) The legislative instrument must specify the legislative power or powers of the Parliament in respect of which the instrument is made.

(4) The legislative instrument may make provision in relation to:

(a) a description of the program; or

(b) the purpose of the program; or

(c) eligibility criteria relating to the program; or

(d) a process for making applications in relation to the program; or

(e) whether application fees are payable in relation to the program.

(5) Subsections (3) and (4) do not limit subsection (1).

(6) The Minister may, by writing, delegate to another Minister, the Minister's power under subsection (1).

(7) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.

34 Arrangements relating to industry, innovation, science and research programs

(1) The Commonwealth may make, vary or administer an arrangement:

(a) in relation to the carrying out of activities by a person under a program prescribed by legislative instrument under subsection 33(1); and

(b) for money to be payable by the Commonwealth to the person for that purpose.

(2) The power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.

Note: For the power to delegate, see section 36.

(3) In this section:

administer an arrangement includes give effect to.

arrangement includes contract, agreement or deed.

make an arrangement includes enter into.

vary an arrangement means:

(a) vary in accordance with the terms or conditions of the arrangement; or

(b) vary with the consent of the non-Commonwealth party or parties to the arrangement.

35 Terms and conditions relating to industry, innovation, science and research program arrangements

(1) If a party to an arrangement under section 34 is a State or Territory:

(a) the terms and conditions on which money may be payable by the Commonwealth under the arrangement must be set out in a written agreement between the Commonwealth and the State or Territory; and

(b) the State or Territory must comply with the terms and conditions.

(2) If a party to an arrangement under section 34 is a corporation to which paragraph 51(xx) of the Constitution applies:

(a) the terms and conditions on which money may be payable by the Commonwealth under the arrangement must be set out in a written agreement between the Commonwealth and the corporation; and

(b) the corporation must comply with the terms and conditions.

(3) Without limiting subsection (2), the terms and conditions must provide for the circumstances in which the corporation must repay amounts to the Commonwealth.

(4) An agreement under subsection (1) or (2) may be entered into on behalf of the Commonwealth by a Minister or an accountable authority of a non-corporate Commonwealth entity.

Note: For the power to delegate, see section 36.

(5) This section does not, by implication, prevent an arrangement under section 34 between the Commonwealth and a person other than a State or Territory or a corporation to which paragraph 51(xx) of the Constitution applies from being made subject to terms and conditions.

36 Minister or accountable authority may delegate powers in relation to arrangements

Delegation by a Minister

(1) A Minister may, by writing, delegate any or all of his or her powers under section 34 or 35 to an official of any non-corporate Commonwealth entity.

(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.

Delegation by an accountable authority

(3) An accountable authority of a non-corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 34 or 35 to an official of any non-corporate Commonwealth entity.

(4) In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.

37 Relationship of this Part with certain other Acts

(1) Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non-corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 33 of this Act.

(2) This Part does not, by implication, limit the operation of the Financial Framework (Supplementary Powers) Act 1997.

38 Executive power of the Commonwealth

This Part does not, by implication, limit the executive power of the Commonwealth.