Commonwealth Consolidated Acts

AUSTRALIAN RESEARCH COUNCIL ACT 2001 - SECT 53

             (1)  Subject to subsection (2), a funding proposal must not be approved under subsection 51(1), or recommended by the CEO under subsection 52(1) for such approval, as deserving financial assistance under this Division in respect of a year to which this Division applies unless:

                     (a)  the approval of the proposal would be consistent with the funding cap for the year, or each of the years, to which the proposal relates; and

                     (b)  the Minister has made a funding split determination in relation to the year, or each of the years, to which the proposal relates and the approval of the proposal would be consistent with that determination; and

                     (c)  a set of approved funding rules for the year, or the first of the years, to which the proposal relates is in force; and

                     (d)  the eligibility criteria set out in those approved funding rules are satisfied in relation to the proposal; and

                     (e)  the application for financial assistance for the proposal satisfies the requirements set out in those approved funding rules; and

                      (f)  the assessment process set out in those approved funding rules has been complied with in relation to the proposal.

             (2)  If, after a recommendation is made in relation to a proposal and before the Minister decides whether to approve the proposal, there is a variation of:

                     (a)  the funding split determination for the year, or any of the years, to which the proposal relates; or

                     (b)  the governing funding rules in relation to the recommendation;

the Minister must, in making that decision, disregard that variation and have regard to the funding split determination, or the funding rules, (as the case requires) as in force when the recommendation was made.

             (3)  If an approval or recommendation relating to a proposal is, when given, in accordance with this section, the validity or effectiveness of the approval or recommendation is not affected by:

                     (a)  any subsequent variation of:

                              (i)  the funding split determination for the year, or any of the years, to which the proposal relates; or

                             (ii)  the governing funding rules; or

                     (b)  if the proposal relates to 2 or more years--the subsequent making and approval of a set of funding rules for the second or a later one of those years.