Industry Research and Development Act 1986

PART II - ADMINISTRATION

SECTION 6

6 ESTABLISHMENT OF INDUSTRY INNOVATION AND SCIENCE AUSTRALIA

The body known immediately before the commencement of the Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 as Innovation and Science Australia is continued in existence with the new name Industry Innovation and Science Australia.

Note:

Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected.

View history note

History

S 6 substituted by No 101 of 2021, s 3 and Sch 1 item 2, effective 11 September 2021. S 6 formerly read:

SECTION 6 ESTABLISHMENT OF INNOVATION AND SCIENCE AUSTRALIA
6
The body known immediately before the commencement of this section as Innovation Australia is continued in existence with the new name Innovation and Science Australia.
Note:

See also section 25B of the Acts Interpretation Act 1901 .

S 6 substituted by No 63 of 2016, s 3 and Sch 1 item 13, effective 20 October 2016. For application and transitional provisions, see note under Pt IV heading. S 6 formerly read:

SECTION 6 ESTABLISHMENT OF INNOVATION AUSTRALIA
6
There is established by this section a board by the name of Innovation Australia.

S 6 substituted by No 164 of 2007, s 3 and Sch 12 item 11, effective 27 September 2007. No 164 of 2007, s 3 and Sch 12 items 279 to 287 contains the following transitional provisions:

Interpretation
279
In this Part:
new Board
means Innovation Australia, established by section 6 of the Industry Research and Development Act 1986 (as amended by this Schedule).

former Board
means:

(a) the Industry Research and Development Board that was established by the Industry Research and Development Act 1986 (as in force before 27 September 2007); or

(b) the Venture Capital Registration Board that was established by the Pooled Development Funds Act 1992 (as in force before 27 September 2007).
Things done to a former Board before commencement
(1)
Any thing done to a former Board before 27 September 2007 is taken, on and after that commencement, to have been done to the new Board.

(2)
Without limiting subitem (1), examples of things done to a former Board include, but are not limited to, the following:

(a) the making of applications or requests to the former Board;

(b) the making of agreements with the former Board;

(c) the giving of notices, documents or other things to the former Board;

(d) the giving of directions by the Minister to the former Board.
Things done to the Chairperson or acting Chairperson of a former Board before commencement
(1)
Any thing done to the Chairperson, or acting Chairperson, of a former Board before 27 September 2007 is taken, on and after that commencement, to have been done to the Chairperson of the new Board.

(2)
Without limiting subitem (1), examples of things done to the Chairperson of a former Board include, but are not limited to, the giving of notices or advice to the Chairperson.
Things done by a former Board before commencement
(1)
Any thing done by a former Board before 27 September 2007 is taken, on and after that commencement, to have been done by the new Board.

(2)
Without limiting subitem (1), examples of things done by a former Board include, but are not limited to, the following:

(a) the making of determinations or decisions by the former Board;

(b) the granting or revoking of registrations, approvals, certificates or other things by the former Board;

(c) the making of requests by the former Board;

(d) the giving of directions by the former Board;

(e) the making of guidelines by the former Board;

(f) the formulation of criteria by the former Board;

(g) the approval of forms by the former Board;

(h) the making of requirements by the former Board;

(i) the making of agreements by the former Board;

(j) the giving of notices, documents or other things by the former Board.

(3)
Without limiting subitem (1), if, after 27 September 2007, the new Board is required under section 46 of the Industry Research and Development Act 1986 (as amended by this Schedule) to give a report in relation to a financial year that commenced before 27 September 2007, then the new Board must include in the report any matter that, had the amendments made by this Schedule not been made, a former Board would have been required to include in a report for that year under:

(a) section 46 of the Industry Research and Development Act 1986 (as in force before 27 September 2007); or

(b) section 75 of the Pooled Development Funds Act 1992 (as in force before 27 September 2007); or

(c) section 33-1 of the Venture Capital Act 2002 (as in force before 27 September 2007).
Things done by the Chairperson or acting Chairperson of a former Board before commencement
(1)
Any thing done by the Chairperson, or acting Chairperson, of a former Board before 27 September 2007 is taken, on and after that commencement, to have been done by the Chairperson of the new Board.

(2)
Without limiting subitem (1), examples of things done by the Chairperson of a former Board include, but are not limited to, the following:

(a) the making of inquiries or reports by the Chairperson; or

(b) a determination, by the Chairperson, of the form of records;

(c) the signing of documents by the Chairperson.
Things done by a member or acting member of a former Board before commencement
(1)
Any thing done by a member, or acting member, of a former Board before 27 September 2007 is taken, on and after that commencement, to have been done by a member of the new Board.

(2)
Without limiting subitem (1), examples of things done by a member of a former Board include, but are not limited to, the signing of a certificate by the member.
Things done by a person authorised by a former Board before commencement
(1)
Any thing done by a person authorised by a former Board before 27 September 2007 is taken, on and after that commencement, to have been done by a person authorised by the new Board.

(2)
Without limiting subitem (1), examples of things done by a person authorised by a former Board include, but are not limited to, the signing of a certificate by the person.
References to a former Board in instruments etc.
286
A reference to a former Board in the following:

(a) a legislative instrument;

(b) guidelines made or criteria formulated under the Industry Research and Development Act 1986 or the Venture Capital Act 2002 ;

(c) certificates, notices or other documents given to or by the former Board under the Industry Research and Development Act 1986 , the Pooled Development Funds Act 1992 or the Venture Capital Act 2002

(d) directions given by the Minister to the former Board under the Industry Research and Development Act 1986 or the Pooled Development Funds Act 1992 ;

(e) forms approved by the former Board under the Industry Research and Development Act 1986 ;

(f) agreements made with the former Board under the Industry Research and Development Act 1986 ;
is taken, after 27 September 2007, to be a reference to the new Board.
Committees
287
An appointment of a member of a committee under section 22 of the Industry Research and Development Act 1986 that is in force immediately before 27 September 2007 is taken, on that commencement, to be revoked.

S 6 formerly read:

SECTION 6 ESTABLISHMENT OF BOARD
6
There is established by this Act a Board by the name of the Industry Research and Development Board.

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