Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL 2005

                                          2004-2005




            THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                             HOUSE OF REPRESENTATIVES




    AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL 2005




                            EXPLANATORY MEMORANDUM




(Circulated by authority of the Minister for Education Science and Training, the Hon Dr Brendan
                                            Nelson MP)
AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL
                         2005

                                            OUTLINE

This Bill will amend the Australian Institute of Marine Science Act 1972 to:

       expand the Council of the Institute of Marine Science (the Governing body of the
       Institute) from 6 to 7 members, the additional part-time member being nominated by
       James Cook University (JCU). This amendment encourages closer collaboration between
       the Institute and JCU, a formal aspect of this affiliation being a joint venture know as
       AIMS@JCU.

       change the title of the principal executive officer of the Institute from `Director' to `Chief
       Executive Officer'. The title update for the principal executive officer will bring the
       Institute into line with current terminology as used, for example by the Australian
       Research Council and the National Health and Medical Research Council.


                                     FINANCIAL IMPACT

The Bill, in adding a member to the Council of the Institute of Marine Science (AIMS), leads to
AIMS funding an additional part-time remuneration payment. The payment will be made in
accordance with Remuneration Tribunal rulings and advice from the Department of Finance and
Administration.

There will be no impact on the Australian Government's appropriation funding for AIMS.
AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL
                         2005


                                     NOTES ON CLAUSES


Clause 1 - Short title

Provides for the Act to be cited as the Australian Institute of Marine Science Amendment Act
2005.


Clause 2 - Commencement

Provides for the Act to commence on the day on which it receives the Royal Assent.


Clause 3 - Schedule(s)

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the
applicable items in the Schedule and that any other item in a Schedule has effect according to its
terms.
Schedule 1 ­ Amendments

Part 1 ­ Representation by James Cook University

Australian Institute of Marine Science Act 1972

Part 1 amends the constitution of the Council of the Australian Institute of Marine Science to
reflect the formal affiliation of the Australian Institute of Marine Science with James Cook
University.


Item 1

Section 12 specifies the constitution of the Council. Item 1 inserts a new paragraph 12(1)(ba)
which expands the Council to include a member nominated by James Cook University.


Item 2

Technical amendment to the numbering of section 16 to reflect the amendment made by item 6.


Items 3-4

Technical amendments to the wording of paragraphs 16(a) and 16(c) to reflect the amendments
made by items 5 and 6.


Item 5

Section 16 provides circumstances in which the Governor-General shall declare that the office of
a Council member is vacant. Item 4 has the effect of providing that the Governor-General shall
declare that the office of a member is vacant where the member is covered by proposed
subsection 16(2) inserted by item 5.


Item 6

Adds a new subsection 16(2) which has the effect of providing that the Governor-General shall
declare that the office of a member is vacant if the member is appointed under the proposed
paragraph 12(1)(ba) and James Cook University notifies the Minister in writing that the
nomination is withdrawn.
Part 2--Chief Executive Officer of the Australian Institute of Marine Science

Australian Institute of Marine Science Act 1972

Part 2 amends the Act to replace the title of Director of the Australian Institute of Marine Science
with that of Chief Executive Officer in line with the titles of principal executive officers of other
research agencies.

Items 7 -12

Amend subsection 5(1) to repeal the definitions of Acting Director and Director, insert
definitions of Acting Chief Executive Officer and Chief Executive Officer and amend the
definitions of acting member and member to reflect the change of title of the Director to Chief
Executive Officer.


Items 13 and 15-34

Replace references to "Director" in section 10A, paragraph 12(1)(b), sections 20A and 21,
subsection 22(1), section 23, subsections 24(1) and (2) and 25(1) and (2), sections 26-28,
subsections 29(1) and (2), 30(1) and (3), paragraph 30(4)(a) and subsections 30(6) and (7), and
various headings with "Chief Executive Officer".


Item 14

Minor technical amendment to the wording of paragraph 12(1)(a) (dealing with the constitution
of the Council of the Institute) as a result of the other amendments made by this Part.

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