2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Australian Astronomical Observatory Bill 2009 No. , 2009 (Innovation, Industry, Science and Research) A Bill for an Act to establish the Australian Astronomical Observatory, and for other purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Simplified outline .............................................................................. 2 4 Definitions ......................................................................................... 2 5 Crown to be bound............................................................................. 3 6 Extension to external Territories ........................................................ 3 7 Extra-territorial application................................................................ 3 Part 2--Australian Astronomical Observatory 4 8 Australian Astronomical Observatory ............................................... 4 9 Director .............................................................................................. 4 10 Acting Director .................................................................................. 4 Part 3--Astronomical functions 5 11 Astronomical functions ...................................................................... 5 12 Fees .................................................................................................... 6 Part 4--Australian Astronomical Observatory Advisory Committee 7 13 Australian Astronomical Observatory Advisory Committee ............. 7 14 Function of Advisory Committee ...................................................... 7 15 Appointment of Advisory Committee members etc. ......................... 7 16 Procedure of Advisory Committee .................................................... 7 17 Remuneration and allowances ........................................................... 8 18 Leave of absence................................................................................ 8 19 Resignation ........................................................................................ 8 20 Disclosure of interests to the Secretary .............................................. 8 21 Disclosure of interests to Advisory Committee ................................. 9 22 Other terms and conditions .............................................................. 10 Part 5--Miscellaneous 11 23 Delegation by the Secretary ............................................................. 11 24 Executive power of the Commonwealth .......................................... 11 25 Concurrent operation of State and Territory laws ............................ 11 26 Regulations ...................................................................................... 11 i Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] 2 Astronomical Observatory, and for other purposes 3 The Parliament of Australia enacts: 4 Part 1--Preliminary 5 6 1 Short title 7 This Act may be cited as the Australian Astronomical Observatory 8 Act 2009. 9 2 Commencement 10 This Act commences on 1 July 2010. Australian Astronomical Observatory Bill 2009 No. , 2009 1 [Page Break] Section 3 1 3 Simplified outline 2 The following is a simplified outline of this Act: 3 · This Act establishes the Australian Astronomical Observatory 4 within the Department. 5 · There is to be a Director of the Australian Astronomical 6 Observatory. 7 · The Secretary has functions relating to optical astronomy, but 8 may delegate those functions to the Director or the staff of the 9 Australian Astronomical Observatory. 10 · There is to be an Australian Astronomical Observatory 11 Advisory Committee. 12 4 Definitions 13 In this Act: 14 Advisory Committee means the Australian Astronomical 15 Observatory Advisory Committee. 16 Advisory Committee member means a member of the Advisory 17 Committee, and includes the Chair of the Advisory Committee. 18 constitutional corporation means a corporation to which 19 paragraph 51(xx) of the Constitution applies. 20 Director means the Director of the Australian Astronomical 21 Observatory. 22 optical includes radiation in the near-ultraviolet, visible and 23 infrared portions of the electromagnetic spectrum. 24 optical astronomy facility means a telescope, or other facility, for 25 making optical astronomical observations, and includes any 26 associated equipment, buildings or infrastructure. 27 Secretary means the Secretary of the Department. 2 Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] Section 5 1 5 Crown to be bound 2 This Act binds the Crown in each of its capacities. 3 6 Extension to external Territories 4 This Act extends to every external Territory. 5 7 Extra-territorial application 6 This Act applies both within and outside Australia. 7 Australian Astronomical Observatory Bill 2009 No. , 2009 3 [Page Break] Section 8 1 Part 2--Australian Astronomical Observatory 2 3 8 Australian Astronomical Observatory 4 There is to be an Australian Astronomical Observatory within the 5 Department. 6 9 Director 7 (1) There is to be a Director of the Australian Astronomical 8 Observatory. 9 (2) The Director is to be an SES employee. 10 Note 1: The Secretary may delegate functions to the Director--see section 23. 11 Note 2: SES employee is defined in section 17AA of the Acts Interpretation 12 Act 1901. 13 10 Acting Director 14 (1) The Secretary may appoint an APS employee to act as the 15 Director: 16 (a) during a vacancy in the position of Director (whether or not 17 an appointment has previously been made to the position); or 18 (b) during any period, or during all periods, when the Director: 19 (i) is absent from duty or from Australia; or 20 (ii) is, for any reason, unable to perform the duties of the 21 position. 22 Note: APS employee is defined in section 17AA of the Acts Interpretation 23 Act 1901. 24 (2) Anything done by or in relation to a person purporting to act under 25 an appointment is not invalid merely because: 26 (a) the occasion for the appointment had not arisen; or 27 (b) there was a defect or irregularity in connection with the 28 appointment; or 29 (c) the appointment had ceased to have effect; or 30 (d) the occasion to act had not arisen or had ceased. 31 Note: See sections 20 and 33A of the Acts Interpretation Act 1901. 4 Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] Section 11 1 Part 3--Astronomical functions 2 3 11 Astronomical functions 4 (1) The Secretary has functions relating to optical astronomy. 5 (2) Those functions include the following: 6 (a) to operate, construct, develop and maintain national optical 7 astronomy facilities; 8 (b) to support optical astronomy facilities; 9 (c) to consult and co-operate with other persons, organisations 10 and governments on matters relating to optical astronomy; 11 (d) to facilitate access to optical astronomy facilities; 12 (e) to develop, manufacture and provide instrumentation for 13 optical astronomy facilities; 14 (f) to support the development, manufacture and provision of 15 instrumentation for optical astronomy facilities; 16 (g) to support, encourage, conduct and evaluate research about 17 matters relating to optical astronomy; 18 (h) to support, encourage, conduct and evaluate educational, 19 promotional and community awareness programs that are 20 relevant to optical astronomy; 21 (i) to publish (whether on the internet or otherwise) reports, 22 papers and information relating to optical astronomy; 23 (j) to advise the Minister about matters relating to optical 24 astronomy; 25 (k) to implement Australia's international obligations in relation 26 to optical astronomy; 27 (l) such other functions (if any) as are specified in the 28 regulations; 29 (m) to do anything incidental to or conducive to the performance 30 of any of the above functions. 31 (3) Subsection (2) does not limit subsection (1). 32 Note: For delegation of functions, see section 23. Australian Astronomical Observatory Bill 2009 No. , 2009 5 [Page Break] Section 12 1 12 Fees 2 The Commonwealth may charge fees for things done in the 3 performance of the functions conferred by section 11. 4 6 Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] Section 13 1 Part 4--Australian Astronomical Observatory 2 Advisory Committee 3 4 13 Australian Astronomical Observatory Advisory Committee 5 The Australian Astronomical Observatory Advisory Committee is 6 established by this section. 7 Note: In this Act, Advisory Committee means the Australian Astronomical 8 Observatory Advisory Committee--see section 4. 9 14 Function of Advisory Committee 10 The Advisory Committee has the function of advising the 11 Secretary about the performance of the functions conferred on the 12 Secretary by section 11. 13 15 Appointment of Advisory Committee members etc. 14 (1) Each Advisory Committee member is to be appointed by the 15 Secretary by written instrument. 16 (2) An Advisory Committee member holds office for the period 17 specified in the instrument of appointment. The period must not 18 exceed 3 years. 19 Note: For re-appointment, see subsection 33(4A) of the Acts Interpretation 20 Act 1901. 21 (3) An Advisory Committee member holds office on a part-time basis. 22 (4) The Secretary may terminate the appointment of an Advisory 23 Committee member. 24 16 Procedure of Advisory Committee 25 (1) The Secretary may give the Advisory Committee written directions 26 about: 27 (a) the way in which the Advisory Committee is to carry out its 28 function; and 29 (b) procedures to be followed in relation to meetings. Australian Astronomical Observatory Bill 2009 No. , 2009 7 [Page Break] Section 17 1 Note: For variation and revocation, see subsection 33(3) of the Acts 2 Interpretation Act 1901. 3 (2) A direction given under subsection (1) is not a legislative 4 instrument. 5 17 Remuneration and allowances 6 (1) An Advisory Committee member is to be paid the remuneration 7 that is determined by the Remuneration Tribunal. If no 8 determination of that remuneration by the Tribunal is in operation, 9 the member is to be paid the remuneration that is prescribed by the 10 regulations. 11 (2) An Advisory Committee member is to be paid the allowances that 12 are prescribed by the regulations. 13 (3) This section has effect subject to the Remuneration Tribunal Act 14 1973. 15 18 Leave of absence 16 The Secretary may grant leave of absence to an Advisory 17 Committee member on the terms and conditions that the Secretary 18 determines. 19 19 Resignation 20 (1) An Advisory Committee member may resign his or her 21 appointment by giving the Secretary a written resignation. 22 (2) The resignation takes effect on the day it is received by the 23 Secretary or, if a later day is specified in the resignation, on that 24 later day. 25 20 Disclosure of interests to the Secretary 26 An Advisory Committee member must give written notice to the 27 Secretary of all interests, pecuniary or otherwise, that the member 28 has or acquires and that conflict or could conflict with the proper 29 performance of the member's functions. 8 Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] Section 21 1 21 Disclosure of interests to Advisory Committee 2 (1) A person who: 3 (a) is an Advisory Committee member; and 4 (b) has an interest, pecuniary or otherwise, in a matter being 5 considered or about to be considered by the Advisory 6 Committee; 7 must disclose the nature of the interest to a meeting of the 8 committee. 9 (2) The disclosure must be made as soon as possible after the relevant 10 facts have come to the Advisory Committee member's knowledge. 11 (3) The disclosure must be recorded in the minutes of the meeting of 12 the Advisory Committee. 13 (4) Unless the Advisory Committee otherwise determines, the 14 Advisory Committee member: 15 (a) must not be present during any deliberation by the Advisory 16 Committee on the matter; and 17 (b) must not take part in any decision of the Advisory Committee 18 with respect to the matter. 19 (5) For the purposes of making a determination under subsection (4), 20 the Advisory Committee member: 21 (a) must not be present during any deliberation of the Advisory 22 Committee for the purpose of making the determination; and 23 (b) must not take part in making the determination. 24 (6) A determination under subsection (4) must be recorded in the 25 minutes of the meeting of the Advisory Committee. 26 (7) The Secretary may terminate the appointment of an Advisory 27 Committee member if the member fails, without reasonable 28 excuse, to comply with this section. 29 (8) Subsection (7) does not limit subsection 15(4). Australian Astronomical Observatory Bill 2009 No. , 2009 9 [Page Break] Section 22 1 22 Other terms and conditions 2 An Advisory Committee member holds office on the terms and 3 conditions (if any) in relation to matters not covered by this Act 4 that are determined by the Secretary. 5 10 Australian Astronomical Observatory Bill 2009 No. , 2009 [Page Break] Section 23 1 Part 5--Miscellaneous 2 3 23 Delegation by the Secretary 4 (1) The Secretary may, by writing, delegate all or any of his or her 5 functions or powers under this Act to a person. 6 (2) The delegate must be: 7 (a) the Director; or 8 (b) an APS employee within the Australian Astronomical 9 Observatory who has the expertise appropriate to the function 10 or power delegated. 11 (3) In exercising functions or powers under a delegation, the delegate 12 must comply with any directions of the Secretary. 13 24 Executive power of the Commonwealth 14 This Act does not limit the executive power of the Commonwealth. 15 25 Concurrent operation of State and Territory laws 16 This Act is not intended to exclude or limit the operation of a law 17 of a State or Territory that is capable of operating concurrently 18 with this Act. 19 26 Regulations 20 The Governor-General may make regulations prescribing matters: 21 (a) required or permitted to be prescribed by this Act; or 22 (b) necessary or convenient to be prescribed for carrying out or 23 giving effect to this Act. Australian Astronomical Observatory Bill 2009 No. , 2009 11