AUSTRALIAN RESEARCH COUNCIL ACT 2001

This compilation was prepared on 27 October 2008
taking into account amendments up to Act No. 107 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part 1--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Objects of Act .................................................................................... 1

4............ Definitions .......................................................................................... 1

Part 2--Australian Research Council 3

5............ Establishment of the ARC .................................................................. 3

6............ Function of the ARC .......................................................................... 3

Part 4--Designated committees 4

30.......... Minister may establish designated committees .................................. 4

31.......... Functions of a designated committee .................................................. 4

32.......... Appointment of designated committee members ............................... 4

33.......... Terms and conditions of designated committee members .................. 4

Part 5--Chief Executive Officer and staff of the ARC 6

Division 1--Chief Executive Officer 6

Subdivision A--Establishment and functions 6

33A....... Establishment of the CEO .................................................................. 6

33B....... Functions of the CEO ......................................................................... 6

33C....... Minister may direct CEO about performance of CEO's functions .... 6

Subdivision B--Appointment, terms and conditions ....................................... 7

34.......... Appointment of the CEO ................................................................... 7

35.......... Acting CEO ........................................................................................ 7

36.......... CEO holds office on full‑time basis .................................................... 8

37.......... Remuneration and allowances of CEO ............................................... 8

38.......... Other terms and conditions of CEO ................................................... 8

39.......... Disclosure of interests ........................................................................ 8

40.......... Resignation of CEO ............................................................................ 9

Division 2--Staff of the ARC 10

41.......... Staff to be engaged under Public Service Act etc. ............................. 10

Part 6--Planning and reporting 11

Division 1--Strategic plans 11

42.......... CEO to prepare strategic plans ........................................................ 11

43.......... Ministerial approval of strategic plans ............................................. 11

44.......... Variation of strategic plans ............................................................... 12

45.......... Annual report to include assessment of CEO's performance using performance indicators in strategic plan 12

Division 2--Annual report 13

46.......... Annual report ................................................................................... 13

Part 7--Funding of research 14

Division 1--Financial assistance for approved research programs 14

Subdivision A--Preliminary 14

47.......... Definitions ........................................................................................ 14

48.......... Years to which Division applies ....................................................... 15

Subdivision B--Capping of funding 15

49.......... Annual cap on funding ...................................................................... 15

50.......... Minister must divide funding caps between different categories of research programs 16

Subdivision C--Provision of financial assistance 17

51.......... Approval of expenditure on research programs ............................... 17

52.......... Recommendations by CEO in relation to approval of proposals .... 18

53.......... Requirements for approval or recommendation of proposals .......... 18

54.......... Variation of funding approvals ......................................................... 20

55.......... Payment of financial assistance for approved research programs .... 20

56.......... Advances .......................................................................................... 21

57.......... Source of payments .......................................................................... 21

58.......... Conditions of payment of financial assistance ................................. 21

Subdivision D--Funding rules 23

59.......... CEO to prepare rules ........................................................................ 23

60.......... Ministerial approval of rules ............................................................ 24

61.......... Variation of rules .............................................................................. 24

Division 2--The ARC Research Endowment Account 26

62.......... Establishment of ARC Research Endowment Account ................... 26

63.......... Credits to Account ........................................................................... 26

64.......... Purposes of Account ........................................................................ 26

65.......... Terms and conditions of financial assistance .................................... 26

Part 8--Miscellaneous 27

66.......... Delegation ......................................................................................... 27

67.......... Regulations ....................................................................................... 27

Notes 29

Notes to the Australian Research Council Act 2001

Note 1

The Australian Research Council Act 2001 as shown in this compilation comprises Act No. 8, 2001 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Australian Research Council Act 2001	8, 2001	22 Mar 2001	1 July 2001 (see Gazette 2001, No. GN25)
Higher Education Funding Amendment Act 2001	86, 2001	18 July 2001	Schedule 1 (items 1-3): Royal Assent (a)	--
Higher Education Legislation Amendment Act (No. 2) 2002	78, 2002	8 Oct 2002	8 Oct 2002	--
Higher Education Funding Amendment Act 2002	87, 2002	21 Oct 2002	Schedule 2: Royal Assent	--
Higher Education Legislation Amendment Act 2003	87, 2003	23 Sept 2003	23 Sept 2003	Sch. 2 (items 4, 12, 19, 21)
Higher Education Legislation Amendment Act (No. 3) 2004	157, 2004	17 Dec 2004	Schedule 4: Royal Assent	--
Financial Framework Legislation Amendment Act (No. 1) 2006	30, 2006	6 Apr 2006	Schedule 1 (item 21): 7 Apr 2006	--
Australian Research Council Amendment Act 2006	87, 2006	30 June 2006	Schedules 1 and 2: 1 July 2006 Remainder: Royal Assent	Sch. 1 (items 43-51)
Higher Education Legislation Amendment (2006 Budget and Other Measures) Act 2006	121, 2006	4 Nov 2006	Schedule 9: Royal Assent	--
Higher Education Legislation Amendment (2007 Budget Measures) Act 2007	119, 2007	28 June 2007	Schedule 9: Royal Assent	--
Australian Research Council Amendment Act 2008	107, 2008	18 Oct 2008	18 Oct 2008	--

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 3......................................	am. No. 87, 2006
S. 4......................................	am. No. 78, 2002
	rs. No. 87, 2006
Part 2
Part 2...................................	rs. No. 87, 2006
Ss. 5, 6................................	rs. No. 87, 2006
S. 7......................................	rep. No. 87, 2006
Part 3...................................	rep. No. 87, 2006
Ss. 8-11..............................	rep. No. 87, 2006
S. 12....................................	am. No. 87, 2003
	rep. No. 87, 2006
Ss. 13-26............................	rep. No. 87, 2006
S. 27....................................	am. No. 87, 2003
	rep. No. 87, 2006
S. 28....................................	rep. No. 87, 2006
S. 29....................................	am. No. 87, 2003
	rep. No. 87, 2006
Part 4
Part 4...................................	rs. No. 87, 2006
S. 30....................................	am. No. 78, 2002
	rs. No. 87, 2006
S. 31....................................	rs. No. 87, 2006
S. 32....................................	am. No. 78, 2002; No. 87, 2003
	rs. No. 87, 2006
S. 33....................................	am. No. 78, 2002
	rs. No. 87, 2006
Part 5
Heading to Part 5.................	rs. No. 87, 2006
Division 1
Subdivision A
Subdivision A of Division 1. of Part 5	ad. No. 87, 2006
Ss. 33A-33C.......................	ad. No. 87, 2006
Subdivision B
Subdivision B of Division 1.. of Part 5	ad. No. 87, 2006
S. 34....................................	rs. No. 87, 2006
S. 38....................................	am. No. 87, 2006
S. 39....................................	rs. No. 87, 2006
Division 2
Heading to Division 2 of...... Part 5	rs. No. 87, 2006
S. 41....................................	am. No 87, 2006
Part 6
Division 1
Heading to s. 42..................	am. No 87, 2006
Ss. 42, 43............................	am. No 87, 2006
Heading to s. 45..................	am. No 87, 2006
S. 45....................................	am. No 87, 2006
Note to s. 45........................	ad. No 87, 2006
Division 2
S. 46....................................	am. No 87, 2006
Note to s. 46(1)...................	am. No 87, 2006
Part 7
Division 1
Subdivision A
S. 47....................................	am. No 87, 2006
S. 48....................................	am. No. 86, 2001; Nos. 78 and 87, 2002; No. 87, 2003; No. 157, 2004; No. 87, 2006; No. 119, 2007; No. 107, 2008
Subdivision B
S. 49....................................	am. No. 86, 2001; Nos. 78 and 87, 2002; No. 87, 2003; No. 157, 2004; Nos. 87 and 121, 2006; No. 119, 2007; No. 107, 2008
S. 50....................................	am. No. 87, 2003
Subdivision C
Heading to s. 52..................	am. No 87, 2006
S. 52....................................	am. No 87, 2006
Note to s. 52(4)...................	am. No 87, 2006
S. 53....................................	am. No 87, 2006
Examples 1 and 2 to s. 53(3)................................	rep. No. 87, 2003
S. 58....................................	am. No. 87, 2003
Heading to s. 59..................	am. No 87, 2006
S. 59....................................	am. No 87, 2006
Ss. 60, 61............................	am. No 87, 2006
S. 63....................................	rs. No. 30, 2006
Ss. 64, 65............................	am. No 87, 2006
Heading to s. 66..................	rs. No 87, 2006
S. 66....................................	am. No. 87, 2003; No. 87, 2006

Table A

Application, saving or transitional provisions

Higher Education Legislation Amendment Act 2003 (No. 87, 2003)

Schedule 2

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.

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;

(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

(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.

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.

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).

Australian Research Council Amendment Act 2006 (No. 87, 2006)

Schedule 1

43 Definitions

(1) In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

amend includes repeal and remake.

Board has the same meaning as in the old law.

commencement time means the time when this Part commences.

instrument:

(a) includes:

(i) a contract, deed, undertaking or agreement; and

(ii) a notice, authority, order or instruction; and

(iii) an instrument made under an Act or regulations; and

(iv) regulations; but

(b) does not include an Act.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

new law means the Australian Research Council Act 2001 as in force immediately after the commencement time.

old ARC means the Australian Research Council established by the old law.

old law means the Australian Research Council Act 2001 as in force immediately before the commencement time.

(2) Subject to subitem (1), an expression used in this Part that is also used in the new law has the same meaning in this Part as it has in the new law.

44 References in instruments

References to old ARC taken to be references to CEO

(1) If:

(a) an instrument is in force immediately before the commencement time; and

(b) the instrument contains a reference to the old ARC;

the instrument has effect from the commencement time as if the reference to the old ARC were a reference to the CEO.

Minister and regulations may provide otherwise

(2) The Minister may, by writing, determine that subitem (1):

(a) does not apply in relation to a specified reference; or

(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.

A determination under this subitem has effect accordingly.

(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a specified person or body other than the Commonwealth or the CEO.

Determinations are not legislative instruments

(4) A determination under subitem (2) is not a legislative instrument.

45 Operation of laws

Things done by old ARC or Board taken to be done by CEO

(1) Subject to Division 3, if, before the commencement time, a thing was done by, or in relation to, the old ARC or the Board, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

Minister and regulations may provide otherwise

(3) The Minister may, by writing, determine that subitem (1):

(a) does not apply in relation to a specified thing done by, or in relation to, the old ARC or the Board; or

(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.

A determination under this subitem has effect accordingly.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.

Meaning of doing

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

Determinations are not legislative instruments

(6) A determination under subitem (3) is not a legislative instrument.

46 Continued effect of certain instruments made under the old law

(1) The amendment of the Australian Research Council Act 2001 by this Schedule does not affect the continuity of the following instruments as in force immediately before the commencement time:

(a) a notice under paragraph 42(4)(c) of that Act;

(b) a strategic plan under Division 1 of Part 6 of that Act;

(d) approved funding rules under Division 1 of Part 7 of that Act.

(2) A direction under subsection 66(2) of the old law in force immediately before the commencement time continues to have effect from that time as if it were a direction under subsection 66(3) of the new law.

47 CEO

Appointment, terms and conditions

(1) The person holding office as CEO under section 34 of the old law immediately before the commencement time:

(a) is taken to have been duly appointed by the Minister under subsection 34(1) of the new law for the balance of the term of appointment under subsection 34(2) of the old law; and

(b) is taken to have been so appointed on the same terms and conditions as applied to the person immediately before the commencement time.

Directions

(2) A direction:

(a) under subsection 7(1) of the old law given to the Board about the performance of the ARC's functions; and

(b) in force immediately before the commencement time;

continues to have effect from the commencement time as if it were a direction under subsection 33C(1) of the new law given to the CEO about the performance of the CEO's functions.

48 Designated committees

Designated committees continue in existence

(1) A designated committee:

(a) established under section 30 of the old law; and

(b) in existence immediately before the commencement time;

continues in existence, from the commencement time, as if it were established under section 30 of the new law.

Members

(2) A person holding office as a member of a designated committee under subsection 32(1) of the old law immediately before the commencement time:

(a) is taken to have been duly appointed by the Minister under subsection 32(1) of the new law for the balance of the term of appointment under subsection 33(1) of the old law; and

(b) is taken to have been so appointed on the same terms and conditions as applied to the person immediately before the commencement time.

Chairs

(3) The person designated as the Chair of a designated committee immediately before the commencement time is taken to have been so designated, on the commencement time, under subsection 32(3) of the new law.

49 Compensation for acquisition of property

(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

50 Delegation by Minister

(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to the CEO.

(2) In exercising or performing powers or functions under a delegation under subitem (1), the CEO must comply with any directions of the Minister.

(3) A power or function delegated to the CEO under subitem (1) must not be sub‑delegated under subsection 66(2) of the new law.

51 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

Commonwealth Consolidated Acts

AUSTRALIAN RESEARCH COUNCIL ACT 2001 - NOTES