NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992

This compilation was prepared on 1 July 2006
taking into account amendments up to Act No. 50 of 2006

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............ Object of the Act etc. ......................................................................... 1

4............ Interpretation ...................................................................................... 2

5............ Act to bind Crown .............................................................................. 4

5A......... Application of the Criminal Code ...................................................... 4

Part 2—The National Health and Medical Research Council 6

5B......... Establishment of the NHMRC ........................................................... 6

5C......... Function of the NHMRC ................................................................... 6

5D......... Reference of matters to the CEO, Council and Principal Committees by the Minister 6

5E.......... Minister may give directions to the CEO, Council and Principal Committees 6

Part 3—The Chief Executive Officer 8

Division 1—Establishment and functions 8

6............ The Chief Executive Officer ............................................................... 8

7............ Functions of the CEO ......................................................................... 8

8............ Timetables and procedures to assist CEO make recommendations on application of Account 9

Division 2—Regulatory recommendations and guidelines 10

Subdivision A—Regulatory recommendations made, and guidelines issued, by CEO 10

9............ CEO to only make regulatory recommendations and issue guidelines as developed by Council 10

10.......... Human research guidelines ................................................................ 10

12.......... Consultation about regulatory recommendations ............................. 11

13.......... Consultation about guidelines ........................................................... 12

14.......... Interim regulatory recommendations and guidelines ......................... 13

14AA.... Consultation requirements do not apply to revoking guidelines ...... 16

Subdivision B—Guidelines approved by CEO 16

14A....... Approval by CEO of guidelines for third parties ............................. 16

Subdivision C—Other provisions about consultation 16

14B....... Consultation may be dispensed with in certain circumstances ........ 16

15.......... CEO must develop procedures ......................................................... 17

Division 3—Strategic plans 18

16.......... Strategic plans ................................................................................... 18

17.......... Review of each plan .......................................................................... 18

18.......... Approval, commencement and tabling of strategic plans ................. 18

19.......... Variation of strategic plans ............................................................... 19

Part 4—The Council and committees of the NHMRC 21

Division 1—The Council of the NHMRC 21

20.......... Establishment of the Council of the NHMRC ................................. 21

21.......... Functions of the Council .................................................................. 21

22.......... Meetings of the Council ................................................................... 22

Division 2—Principal Committees 23

35.......... Principal Committees ....................................................................... 23

36.......... Constitution of the Australian Health Ethics Committee ................ 25

Division 3—Working committees 26

39.......... Working committees ......................................................................... 26

Division 4—CEO’s determinations of Council and committee procedures etc. 27

40.......... CEO’s determinations of Council and committee procedures etc. ... 27

Part 5—Appointments, terms and conditions 28

41.......... Appointments .................................................................................. 28

42.......... Acting appointments ........................................................................ 29

42A....... Disclosures of interests .................................................................... 30

43.......... Remuneration and allowances ........................................................... 32

44.......... Leave of absence ............................................................................... 33

44A....... Resignations ...................................................................................... 33

44B....... Terminations of appointments ......................................................... 33

44C....... Other terms and conditions .............................................................. 34

Part 6—Staff, consultants and work arrangements 35

45.......... Staff of the NHMRC ........................................................................ 35

46.......... Consultants ....................................................................................... 35

48.......... CEO may make arrangements relating to various matters ................ 35

Part 7—Medical Research Endowment Account 37

49.......... Medical Research Endowment Account ........................................... 37

50.......... Credit of amounts to Account .......................................................... 37

51.......... Purposes of the Account .................................................................. 37

52.......... Application of gifts or bequests ....................................................... 38

53.......... Money repaid to the Commonwealth .............................................. 38

Part 8—Commissioner of Complaints 39

Division 1—Establishment and functions of Commissioner of Complaints 39

55.......... Commissioner of Complaints ........................................................... 39

56.......... Functions of Commissioner .............................................................. 39

57.......... Who may complain ........................................................................... 39

58.......... Grounds for complaint ..................................................................... 39

59.......... How to make a complaint ................................................................. 40

60.......... Commissioner to investigate complaints .......................................... 40

61.......... Discretion not to investigate ............................................................. 40

Division 2—Procedure and powers of Commissioner 43

62.......... CEO to be informed of investigation ................................................ 43

63.......... Procedure of Commissioner .............................................................. 43

64.......... Co‑operation with Commissioner .................................................... 43

65.......... Immunity from penalty .................................................................... 44

66.......... Reports by Commissioner ................................................................ 44

67.......... Recommendations ............................................................................. 44

68.......... Annual report of Commissioner ....................................................... 45

Division 3—Administrative arrangements for Commissioner 46

69.......... Commissioner must have appropriate expertise .............................. 46

72.......... Commissioner may enter into arrangements with NHMRC ............ 46

76.......... Disclosure of interests of Commissioner in relation to investigation 46

78.......... Commissioner to protect personal information ................................ 47

79.......... Protection from civil actions ............................................................. 47

Part 9—Miscellaneous 49

80.......... Confidential commercial information ................................................ 49

82.......... Delegation ......................................................................................... 52

83.......... Annual reports .................................................................................. 53

85.......... Regulations ....................................................................................... 54

Notes 55

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
National Health and Medical Research Council Act 1992	225, 1992	24 Dec 1992	24 June 1993
Health and Community Services Legislation Amendment Act (No. 2) 1993	76, 1993	25 Nov 1993	Ss. 22 and 23: Royal Assent (a)	—
Human Services and Health Legislation Amendment Act (No. 3) 1995	149, 1995	16 Dec 1995	Schedule 1 (items 79–81): Royal Assent (b)	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 973–984): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 638–644): 5 Dec 1999 (see Gazette 1999, No. S584) (d)	—
Health Legislation Amendment Act (No. 2) 2000	6, 2000	7 Mar 2000	7 Mar 2000	Sch. 1 (item 17)
Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001	111, 2001	17 Sept 2001	17 Sept 2001	S. 4
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	S. 4 and Schedule 1 (items 191–201, 496): Royal Assent	S. 4 and Sch. 1 (item 496)
Aboriginal and Torres Strait Islander Commission Amendment Act 2005	32, 2005	22 Mar 2005	Schedule 4 (items 25–29): 24 Mar 2005	Sch. 4 (item 27)
Financial Framework Legislation Amendment Act (No. 1) 2006	30, 2006	6 Apr 2006	Schedule 1 (items 33–36): 7 Apr 2006	Sch. 1 (item 36)
National Health and Medical Research Council Amendment Act 2006	50, 2006	9 June 2006	Schedule 1: 1 July 2006 Remainder: Royal Assent	Sch. 1 (items 124–143)

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. 50, 2006
S. 4......................................	am. No. 149, 1995; No. 152, 1997; No. 6, 2000; Nos. 8 and 32, 2005; No. 50, 2006
S. 5A...................................	ad. No. 111, 2001
Part 2
Part 2...................................	rs. No. 50, 2006
Ss. 5B–5E...........................	ad. No. 50, 2006
Part 3
Heading to Part 3.................	rs. No. 50, 2006
Division 1
Div. 1 of Part 3....................	rs. No. 50, 2006
S. 6......................................	rs. No. 50, 2006
S. 7......................................	am. No. 152, 1997; No. 8, 2005
	rs. No. 50, 2006
S. 8......................................	am. No. 6, 2000
	rs. No. 50, 2006
Division 2
Div. 2 of Part 3....................	rs. No. 50, 2006
Subdivision A
Ss. 9, 10..............................	rs. No. 50, 2006
S. 11....................................	rep. No. 50, 2006
S. 11A.................................	ad. No. 6, 2000
	am. No. 8, 2005
	rep. No. 50, 2006
Ss. 12, 13............................	rs. No. 6, 2000; No. 50, 2006
S. 14....................................	am. No. 6, 2000
	rs. No. 50, 2006
S. 14AA..............................	ad. No. 50, 2006
Subdivision B
S. 14A.................................	ad. No. 6, 2000
	rs. No. 50, 2006
Subdivision C
S. 14B.................................	ad. No. 6, 2000
	rs. No. 50, 2006
S. 15....................................	rs. No. 50, 2006
Division 3
S. 16....................................	am. No. 6, 2000; No. 50, 2006
S. 17....................................	am. No. 50, 2006
Heading to s. 18..................	rs. No. 6, 2000
Ss. 18, 19............................	am. No. 6, 2000; No. 50, 2006
Part 4
Part 24.................................	rs. No. 50, 2006
Division 1
S. 20....................................	am. No. 6, 2000; No. 32, 2005
	rs. No. 50, 2006
S. 21....................................	am. No. 149, 1995
	rs. No. 50, 2006
S. 22....................................	am. No. 146, 1999
	rep. No. 6, 2000
	ad. No. 50, 2006
S. 23....................................	am. No. 6, 2000
	rep. No. 50, 2006
S. 24....................................	rep. No. 50, 2006
S. 25....................................	am. No. 6, 2000
	rep. No. 50, 2006
S. 26....................................	am. No. 146, 1999
	rep. No. 50, 2006
S. 27....................................	rep. No. 50, 2006
S. 28....................................	am. No. 32, 2005
	rep. No. 50, 2006
S. 29....................................	rep. No. 50, 2006
S. 30....................................	rep. No. 50, 2006
S. 31....................................	am. No. 32, 2005
	rep. No. 50, 2006
Ss. 32–34............................	rep. No. 50, 2006
Heading to Part 5.................	rep. No. 50, 2006
Division 2
Heading to Div. 2 of Part 4..	ad. No. 50, 2006
S. 35....................................	am. No. 152, 1997; No. 6, 2000; No. 8, 2005; No. 50, 2006
Note to s. 35(1)...................	ad. No. 50, 2006
Notes 1, 2 to s. 35(6)..........	ad. No. 50, 2006
Note to s. 35(7)...................	ad. No. 50, 2006
Heading to s. 36..................	am. No. 50, 2006
S. 36....................................	am. No. 76, 1993; No. 149, 1995; No. 50, 2006
S. 37....................................	am. No. 6, 2000
	rep. No. 50, 2006
S. 37A.................................	ad. No. 6, 2000
	rep. No. 50, 2006
S. 38....................................	am. No. 6, 2000
	rep. No. 50, 2006
Division 3
Div. 3 of Part 4....................	ad. No. 50, 2006
S. 39....................................	am. No. 6, 2000
	rs. No. 50, 2006
Division 4
Div. 4 of Part 4....................	ad. No. 50, 2006
S. 40....................................	rs. No. 50, 2006
Part 5
Part 5...................................	ad. No. 50, 2006
S. 41....................................	rs. No. 50, 2006
S. 42....................................	am. No. 6, 2000
	rs. No. 50, 2006
S. 42A.................................	ad. No. 50, 2006
Ss. 43, 44............................	am. No. 6, 2000
	rs. No. 50, 2006
Part 5A................................	ad. No. 6, 2000
	rep. No. 50, 2006
Ss. 44A–44C.......................	ad. No. 6, 2000
	rs. No. 50, 2006
Ss. 44D–44F.......................	ad. No. 6, 2000
	rep. No. 50, 2006
Part 6
Part 6...................................	rs. No. 50, 2006
S. 45....................................	am. No. 146, 1999; No. 6, 2000
	rs. No. 50, 2006
S. 46....................................	rs. No. 50, 2006
S. 47....................................	rep. No. 50, 2006
S. 48....................................	am. No. 146, 1999
	rs. No. 50, 2006
Part 7
Heading to Part 7.................	rs. No. 152, 1997; No. 8, 2005
Ss. 49, 50............................	rs. No. 152, 1997; No. 8, 2005
Heading to s. 51..................	am. No. 152, 1997; No. 8, 2005
S. 51....................................	am. No. 152, 1997; No. 6, 2000; No. 8, 2005; No. 50, 2006
Note to s. 51(1)...................	ad. No. 50, 2006
S. 52....................................	am. No. 152, 1997; No. 8, 2005; No. 30, 2006
S. 53....................................	rs. No. 152, 1997; No. 8, 2005
	am. No. 8, 2005
S. 54....................................	rep. No. 50, 2006
Part 8
Division 1
S. 56....................................	am. No. 6, 2000; No. 50, 2006
S. 61....................................	am. No. 50, 2006
Division 2
Heading to s. 62..................	am. No. 50, 2006
S. 62....................................	am. No. 50, 2006
S. 64....................................	am. No. 50, 2006
S. 66....................................	am. No. 50, 2006
S. 67....................................	am. No. 6, 2000; No. 50, 2006
S. 68....................................	am. No. 50, 2006
Division 3
Heading to Div. 3 of Part 8..	rs. No. 50, 2006
S. 69....................................	rs. No. 50, 2006
Ss. 70, 71............................	rep. No. 50, 2006
Heading to s. 72..................	am. No. 50, 2006
S. 72....................................	am. No. 146, 1999; No. 50, 2006
Ss. 73–75............................	rep. No. 50, 2006
S. 77....................................	rep. No. 50, 2006
Part 9
S. 80....................................	am. No. 50, 2006
S. 81....................................	am. No. 6, 2000
	rep. No. 50, 2006
S. 82....................................	am. No. 6, 2000; Nos. 30 and 50, 2006
S. 83....................................	am. No. 50, 2006
S. 84....................................	rep. No. 50, 2006
Part 10.................................	rep. No. 50, 2006
Ss. 86–91............................	rep. No. 50, 2006

Table A

Application, saving or transitional provisions

Health Legislation Amendment Act (No. 2) 2000 (No. 6, 2000)

Schedule 1

17 Application

The amendments of sections 16, 18 and 19 of the National Health and Medical Research Council Act 1992 made by this Schedule apply in relation to strategic plans for periods starting after 30 June 2000.

Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4 Saving of matters in Part 2 of Schedule 1

(1) If:

(a) a decision or action is taken or another thing is made, given or done; and

(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

(2) In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

496 Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.

Aboriginal and Torres Strait Islander Commission Amendment Act 2005
(No. 32, 2005)

Schedule 4

27 Saving provision

A person who was appointed by the Minister under section 21 of the National Health and Medical Research Council Act 1992, as in force immediately before the day Schedules 1 and 2 to this Act commence, continues to hold office, on and after that day, for the balance of the term of the person’s appointment, as if the person had been duly appointed by the Minister as a person having knowledge of the health needs of Aboriginal persons or Torres Strait Islanders in accordance with the requirements of that Act as amended by this Act.

Financial Framework Legislation Amendment Act (No. 1) 2006 (No. 30, 2006)

Schedule 1

36 Transitional

If, immediately before the commencement of this item:

(a) money was held on trust by the Minister for Finance for the purposes of the Account within the meaning of the National Health and Medical Research Council Act 1992; or

(b) money that had been accepted by the Minister for Finance for the purposes of that Account subject to a condition was held by the Minister for Finance;

then, for the purposes of section 52 of the National Health and Medical Research Council Act 1992 as amended by this Part, the money is instead:

(d) if paragraph (b) applies—held and accepted subject to the same condition by the Minister mentioned in that section.

National Health and Medical Research Council Amendment Act 2006
(No. 50, 2006)

Schedule 1

124 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.

asset means:

(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

(b) any right, power, privilege or immunity, whether actual, contingent or prospective.

assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.

commencement time means the time when this Part commences.

financial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.

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.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

new law means the National Health and Medical Research Council Act 1992 as in force immediately after the commencement time.

old law means the National Health and Medical Research Council Act 1992 as in force immediately before the commencement time.

old NHMRC means the National Health and Medical Research Council established by the old law.

(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.

125 Vesting of assets of old NHMRC

(1) This item applies to the assets of the old NHMRC immediately before the commencement time.

(2) At the commencement time, the assets to which this item applies cease to be assets of the old NHMRC and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.

126 Vesting of liabilities of old NHMRC

(1) This item applies to the liabilities of the old NHMRC immediately before the commencement time.

(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old NHMRC and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.

127 Certificates relating to vesting of land

(1) This item applies if:

(a) any land vests in the Commonwealth under this Division; and

(b) there is lodged with a land registration official a certificate that:

(i) is signed by the Minister; and

(ii) identifies the land, whether by reference to a map or otherwise; and

(iii) states that the land has become vested in the Commonwealth under this Division.

Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 141.

(2) The land registration official may:

(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

(b) deal with, and give effect to, the certificate.

128 Certificates relating to vesting of assets other than land

(1) This item applies if:

(a) any asset other than land vests in the Commonwealth under this Division; and

(b) there is lodged with an assets official a certificate that:

(i) is signed by the Minister; and

(ii) identifies the asset; and

(iii) states that the asset has become vested in the Commonwealth under this Division.

Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 141.

(2) The assets official may:

(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

(b) make such entries in the register as are necessary having regard to the effect of this Part.

129 Substitution of Commonwealth as a party to pending proceedings

If any proceedings to which the old NHMRC was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old NHMRC, from the commencement time, as a party to the proceedings.

130 Transfer of custody of old NHMRC records

(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of:

(a) the old NHMRC; or

(b) a committee.

(2) The records and documents are to be transferred into the custody of the CEO at or after the commencement time.

131 References in instruments

References to old NHMRC taken to be references to CEO or Commonwealth

(1) If:

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

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

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

(2) However, if:

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

(b) the instrument relates to assets or liabilities covered by item 125 or 126; and

the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 125 or 126, as the case requires.

References to staff of old NHMRC taken to be references to staff of NHMRC

(3) If:

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

(b) the instrument contains a reference to a member of the staff of the old NHMRC;

the instrument has effect from the commencement time as if the reference to the member of staff of the old NHMRC were a reference to a member of the staff of the NHMRC.

Minister and regulations may provide otherwise

(4) The Minister may, by writing, determine that subitem (1), (2) or (3):

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

(b) applies as if:

(i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth or the Council; or

(ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or

(iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the NHMRC were a reference to the CEO.

A determination under this subitem has effect accordingly.

(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:

(a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth, the CEO or the Council; or

(b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or

(c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the CEO or a member of the staff of the NHMRC.

References to parts of Department in Account instruments

(6) If:

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

(b) the instrument relates to the Account; and

(d) the CEO certifies, in writing, that the functions of that part of the Department are now performed by a specified part of the NHMRC;

the instrument has effect from the commencement time as if the reference to that part of the Department were a reference to that part of the NHMRC.

Note: Certificates under paragraph (6)(d) are presumed to be authentic: see item 141.

Determinations and certificates are not legislative instruments

(7) A determination under subitem (4) or a certificate under subitem (6) is not a legislative instrument.

132 Operation of laws

Things done by old NHMRC taken to be done by CEO

(1) If, before the commencement time, a thing was done by, or in relation to, the old NHMRC, 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 NHMRC; or

(b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth, the Council or a Principal Committee.

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, the CEO, the Council or a Principal Committee.

Things done by Australian Health Ethics Committee

(5) A thing done before the commencement time by the Australian Health Ethics Committee under a provision of Part 3 of the old law that is amended by this Schedule has the effect from that time as if it were done under Part 3 of the new law. However, this is not taken to change the time at which the thing was actually done.

Meaning of doing

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

Determinations are not legislative instruments

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

133 Continued effect of certain instruments made under the old law

An instrument:

(a) made or given under the old law and specified in the following table; and

(b) in force immediately before the commencement time;

continues to have effect from the commencement time as if it were made or given under the corresponding provision of the new law specified in the table.

Instruments made under the old law that continue to have effect
Item	This instrument made or given under this provision of the old law...	continues to have effect as if it were made or given under this provision of the new law...
1	guidelines and advice under paragraph 7(1)(a)	paragraph 7(1)(a)
2	advice and recommendations under paragraph 7(1)(b)	paragraph 7(1)(b)
3	recommendations under paragraph 7(1)(c)	paragraph 7(1)(c)
4	references under subsection 9(1)	subsection 5D(1)
5	directions under subsection 10(1)	subsection 5E(1)
6	procedures under section 15	section 15
7	reviews under subsection 17(1)	subsection 17(1)
8	determinations under paragraph 24(1)(a)	subsection 43(1) in relation to the Chair of the Council
9	determinations under paragraph 25(1)(a)	subsection 43(2) in relation to members of the Council
10	determinations under paragraph 26(2)(b)	subsection 44(2) in relation to the Chair of the Council
11	determinations under subsection 26(3)	subsection 44(2) in relation to members of the Council (other than the Chair)
12	determinations under paragraph 41(2)(a)	subsection 43(2) in relation to members of a committee
13	determinations under subsection 42(1)	subsection 44(2) in relation to members of a Principal Committee
14	determinations under subsection 42(2A) or (3)	subsection 44(2) in relation to members of a working committee
15	determinations under subsection 44C(1)	subsection 43(1) in relation to the CEO
16	determinations under section 44E	section 44C in relation to the CEO
17	engagements under subsection 46(1)	section 46
18	arrangements under paragraph 48(1)(c)	subsection 48(1)
19	arrangements under subsection 48(2)	subsection 48(2)
20	determinations under subsection 51(2)	subsection 51(2)
21	determinations under subsection 70(2)	section 44C in relation to the Commissioner
22	determinations under paragraph 74(1)(a)	subsection 43(4)
23	determinations under section 75	subsection 44(1) in relation to the Commissioner
24	certificates under paragraph 80(5)(a)	paragraph 80(5)(a)

134 Principal Committees

(1) A Principal Committee that is:

(a) established under section 35 of the old law; and

(b) in existence immediately before the commencement time;

continues in existence, at the commencement time, as if it were established under section 35 of the new law.

(2) An instrument that is:

(a) either:

(i) a determination of the functions of a Principal Committee under paragraph 35(2)(d) or (3)(c) or subsection 35(7) of the old law; or

(ii) a determination of the name of a Principal Committee under subsection 35(7) of the old law; and

(b) in force immediately before the commencement time;

continues to have effect, at the commencement time, as if it had been made under paragraph 35(2)(d) or (3)(c) or subsection 35(7), as the case requires, of the new law.

135 Working committees

(1) A working committee that is:

(a) established under section 39 of the old law; and

(b) in existence immediately before the commencement time;

continues in existence, at the commencement time, as if it were established under section 39 of the new law.

(2) A person who, immediately before the commencement time, was a member of a working committee:

(a) is taken to have been appointed, at the commencement time, under subsection 41(2) of the new law for the balance of the term of appointment under subsection 39(4) 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.

(3) An instrument that is:

(a) a determination of the functions of a working committee under paragraph 39(5)(a) of the old law; and

(b) in force immediately before the commencement time;

continues to have effect, at the commencement time, as if it had been made under subsection 39(3) of the new law.

136 Commissioner

(1) The person holding office as Commissioner under subsection 69(1) of the old law immediately before the commencement time continues, on and after that time, by force of this item, to hold office as the Commissioner.

(2) The person referred to in subitem (1):

(a) is taken to have been duly appointed by the Minister under paragraph 41(1)(d) of the new law for the balance of the term of appointment under section 71 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.

137 First annual reports by CEO and Commissioner

(1) Sections 68 and 83 of the new law apply in relation to the financial year ending on 30 June 2007 and later financial years.

(2) Those sections apply in relation to the financial year ending on 30 June 2007 as if that financial year also included the period:

(a) starting on 1 January 2006; and

(b) ending on 30 June 2006.

138 Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or Territory in respect of, or anything connected with:

(a) the transfer of an asset or liability under this Part; or

(b) the operation of this Part in any other respect.

139 Application—subsection 41(1) of the National Health and Medical Research Council Act 1992

Consultation under subsection 41(1) of the new law may take place before or after the commencement time in relation to the first appointment to each office under that subsection after that time.

140 Constitutional safety net—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.

141 Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

(a) is taken to be such a certificate; and

(b) is taken to have been properly given;

unless the contrary is established.

142 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 Secretary of the Department or to the CEO.

(2) In exercising or performing powers or functions under a delegation, the delegate 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 82(1C) of the new law.

143 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

NATIONAL HEALTH AND MEDICAL RESEARCH COUNCIL ACT 1992 - NOTES