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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Higher
Education Legislation Amendment Bill
2003
No. ,
2003
(Education, Science and
Training)
A Bill for an Act to amend
legislation relating to higher education and the Australian Research Council,
and for related purposes
Contents
A Bill for an Act to amend legislation relating to higher
education and the Australian Research Council, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Higher Education Legislation Amendment
Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraphs 17(n) and (o)
Repeal the paragraphs, substitute:
(n) in the case of the year 2002—$2,847,634,000; and
(o) in the case of the year 2003—$2,904,491,000; and
2 Paragraph 20(3)(o)
Repeal the paragraph, substitute:
(o) in the case of the year 2003—$121,497,000; and
3 Paragraph 23C(2)(k)
Repeal the paragraph, substitute:
(k) for the year 2003—$1,121,399,000; and
4 Paragraph 24(3)(o)
Repeal the paragraph, substitute:
(o) in the case of the year 2003—$5,412,000; and
5 Paragraph 27A(6)(j)
Repeal the paragraph, substitute:
(j) for the year 2003—$49,489,000; and
6 Paragraph 27D(2)(f)
Repeal the paragraph, substitute:
(f) in the case of the year 2003—$5,410,000; and
1 Subparagraphs 12(b)(iv) and
(v)
Repeal the subparagraphs, substitute:
(iv) the Secretary of the Department;
(v) the Secretary of the Department of Industry, Tourism and Resources;
and
2 Subsection 27(1)
Repeal the subsection, substitute:
(1) A Board member who has an interest, pecuniary or otherwise:
(a) that is in a matter that is being considered, or is about to be
considered, by the Board; and
(b) that could conflict with the proper performance of his or her
functions in relation to that matter;
must disclose the nature of the interest at a meeting of the
Board.
3 Subsection 27(4)
Omit “a direct or indirect pecuniary interest in”, substitute
“an interest, pecuniary or otherwise, that could conflict with the proper
performance of his or her functions in relation to”.
4 Application of amendments of
section 27
The amendments of section 27 of the Australian Research Council Act
2001 made by this Schedule apply in relation to matters that the Board
starts to consider after the commencement of this Schedule.
5 Subsection 29(4)
Omit “direct or indirect”.
6 Paragraphs 32(3)(a) and (b)
Omit “(other than the CEO)”.
7 Subsection 32(3) (second
sentence)
Repeal the sentence.
8 Paragraphs 48(a), (b) and (c)
After “the”, insert “calendar”.
9 Paragraph 48(c)
Omit “2003;”, substitute “2003.”.
10 Paragraphs 48(d), (e) and
(f)
Repeal the paragraphs.
11 At the end of
section 48
Add:
(2) This Division also applies to the following years:
(a) the financial year starting on 1 July 2004;
(b) the financial year starting on 1 July 2005;
(c) the financial year starting on 1 July 2006.
First half of 2004 calendar year treated as a year
(3) This Division also applies in relation to the period starting at the
start of 1 January 2004 and ending at the end of 30 June 2004 as if
the period were a year.
12 Transitional provision for funding approvals
etc.
(1) This item applies if, before the commencement of this Schedule, the
Minister had approved under subsection 51(1) of the Australian Research
Council Act 2001 a proposal as deserving financial assistance in respect of
one or more of the following years:
(a) the calendar year 2004;
(b) the calendar year 2005;
(c) the calendar year 2006.
(2) Division 1 of Part 7 of that Act as in force after that
commencement has effect as if:
(a) the Minister had approved the proposal as deserving financial
assistance in respect of each year (the new year) to which that
Division (as in force after that commencement) applies that falls partly or
wholly within a calendar year (the old year) in respect of which
the Minister had approved the proposal before that commencement; and
(b) the approved amount for the funding approval in respect of each of the
new years for the proposal equalled the sum of 50% of the approved amount for
the funding approval in respect of each old year within which part or all of the
new year falls; and
(c) the funding approval reflected the effect of paragraphs (a) and
(b).
(3) Subitem (2) does not prevent variation of the funding approval or
approved amount under that Division after the commencement of this
Schedule.
(4) Subitem (2) does not affect the operation of that Division in
relation to a year to which that Division applies that ends before
1 January 2004.
13 Paragraphs 49(a) and (b)
After “the”, insert “calendar”.
14 Paragraphs 49(c), (d), (e) and
(f)
Repeal the paragraphs, substitute:
(c) for the calendar year 2003—$356,760,000; and
(d) for the period treated by subsection 48(3) as a
year—$206,929,000; and
(e) for the financial year starting on 1 July
2004—$483,072,000; and
(f) for the financial year starting on 1 July
2005—$561,244,000; and
(g) for the financial year starting on 1 July
2006—$573,115,000.
15 After subsection 50(1)
Insert:
(1A) The Minister may specify in a determination under subsection (1)
proportions in a specified range for each of 2 or more categories of research
programs specified in the determination. If one of the following things is
consistent with one proportion in the range specified for the relevant category,
the thing is taken to be consistent with the determination for the purposes of
this Division:
(a) approval of a funding proposal;
(b) variation of a funding approval;
(c) rules prepared under section 59.
16 Subsection 53(3) (examples 1 and
2)
Repeal the examples.
17 Paragraph 58(1)(b)
Repeal the paragraph, substitute:
(b) the organisation must give the Minister, not more than 6 months after
the end of an accounting period of the organisation that includes part or all of
the year, a statement by a qualified auditor in an approved form as to the
amounts spent as described in paragraph (a) in respect of so much of the
year as is included in the accounting period;
18 Subsection 58(2)
Insert:
approved form means a form approved in writing by the
Minister for the purposes of paragraph (1)(b).
19 Application of amendments of
section 58
The amendments of section 58 of the Australian Research Council Act
2001 made by this Schedule apply in relation to periods that:
(a) are years to which Division 1 of Part 7 of that Act (as
amended by this Schedule) applies; and
(b) start after 31 December 2003.
20 Subsection 66(1)
Repeal the subsection, substitute:
(1) The Minister may, in writing, delegate all or any of the
Minister’s powers or functions under Division 1 of Part 7
(except sections 50 and 51 and Subdivision D) to the CEO or a member of the
staff referred to in section 41.
21 Saving of delegations and directions to
delegates
(1) A delegation that was in force under section 66 of the
Australian Research Council Act 2001 immediately before the commencement
of this Schedule has effect after that commencement as if the delegation had
been made immediately after that commencement under that section as amended by
this Schedule.
(2) A direction to a delegate that had effect for the purposes of
section 66 of the Australian Research Council Act 2001 immediately
before the commencement of this Schedule has effect after that commencement as
if the direction had been given for the purposes of a delegation under that
section as amended by this Schedule.
(3) This item does not prevent the revocation or amendment of a delegation
or direction described in subitem (1) or (2).