"technical assessment" means:

(a) in relation to a proposal for research and development or a proposal for innovation in respect of which an application has been made for the expenditure of Commonwealth money under a program to which Ministerial directions under section 18A apply—an assessment of, and the provision of advice and recommendations concerning:
(i) the eligibility of the proposal, and of the applicant, to participate in the program; and
(ii) the technical merit of the proposal; and
(iii) any other matter specified in the Ministerial directions; and
(b) in relation to the progress of particular research and development or a particular innovation initiative in respect of which the expenditure of Commonwealth money has been approved under such a program—an assessment of, and the provision of advice and recommendations concerning:
(i) the progress of that research and development or of that innovation initiative; and
(ii) any other matter specified in the Ministerial directions.
19 Subsections 4(3) and (4)

Repeal the subsections.

20 Before paragraph 7(a)

Insert:

(aaa) in accordance with Ministerial directions under section 18A or 19—to provide technical assessments to the Minister in relation to:
(i) proposals for research and development, or proposals for innovation, under programs to which those directions apply; or
(ii) the progress of particular research and development or particular innovation initiatives in respect of which the expenditure of Commonwealth money has been approved under such programs; and
21 At the end of paragraphs 7(a) and (aa)

Add "and".

22 Paragraph 7(b)

Repeal the paragraph.

23 After section 18

Insert:

(1)

The Minister may, in relation to any program relating to research and development matters or innovation matters that is administered by the Department, by notice in writing delivered to the Chairperson, give directions to the Board concerning the provision to the Minister of technical assessments:

(a) of proposals for research and development, or proposals for innovation, under that program; and
(b) of the progress of research and development, or innovation, in respect of which the expenditure of Commonwealth money has been approved under that program.

(2)

Without limiting the generality of subsection (1), Ministerial directions that the Board provide a technical assessment of a research and development proposal, or an innovation proposal, may include a requirement that the Board consider and report to the Minister on whether the proposal is likely to lead to results that can be exploited on normal commercial terms or will otherwise benefit the Australian economy.

24 Subsection 19(2)

Repeal the subsection.

25 Saving provision

Despite the repeal of subsection 19(2) of the Industry Research and Development Act 1986 , that subsection continues to apply in relation to:

(a) any direction given by the Minister under that section before the date of commencement of Schedule 1 to this Act; and
(b) any revocation of such a direction made on or after that date;

as if the subsection had not been repealed.

26 After section 19

Insert:

19A General provisions concerning direction powers under sections 18A and 19

(1)

For the avoidance of doubt, a direction given to the Board after the commencement of this section under section 18A or 19 must not confer a function on the Board to commit, authorise or recommend the expenditure of Commonwealth money.

(2)

The Minister must publish in the Gazette any direction under section 18A or 19 or any revocation of such a direction.

27 Part III

Repeal the Part.

28 Transitional provisions

(1) Despite the amendments of the Industry Research and Development Act 1986 made by this Act:

(a) Ministerial directions in force immediately before the commencing day under section 19 of that Act in relation to a program of funding for research and development are taken to continue in force on and after that day for the purpose of facilitating the transitional arrangements set out in subitems (3) to (6); but
(b) a person or body may not make an application after that day in respect of a research and development proposal under such a program.

(2) Nothing in subitem (1) implies that:

(a) the Minister may not give directions, on or after the commencing day, under section 18A of the Industry Research and Development Act 1986 , in relation to a program of funding for research and development that is substantially similar to the program for which directions had been given under section 19 of that Act; or
(b) a person or body may not make an application after that day in respect of a research and development proposal under such a substantially similar program.

(3) If:

(a) before the commencing day, a person or body has made an application under the Industry Research and Development Act 1986 for the expenditure of Commonwealth money in respect of a research and development proposal; and
(b) that proposal is a proposal for research and development to be funded under a program to which Ministerial directions in force immediately before that day under section 19 of that Act apply;

then:

(c) that application may be considered and dealt with by the Industry Research and Development Board on and after that day, and
(d) any agreement in relation to the provision of Commonwealth money for that proposal may be entered into by or on behalf of the Board on and after that day;

as if the amendments made by this Schedule had not been made.

(4) If:

(a) before the commencing day, the Board had entered into:
(i) an agreement under section 33 of the Industry Research and Development Act 1986 as in force at that time; or
(ii) an agreement under the Industry Research and Development Act 1986 in relation to a research and development program to which Ministerial directions in force immediately before that day under section 19 of the Industry Research and Development Act 1986 apply; and
(b) immediately before the commencing day, any obligation under that agreement is still required to be met;

that agreement continues in force, according to its terms, on and after that day, as if the amendments made by this Schedule had not been made.

(5) The Industry Research and Development Board may from time to time, on or after the commencing day, for the purpose of determining whether obligations required to be met under an agreement referred to in subitem (3) or (4) are in fact being met, exercise any powers that had been conferred on the Board by or under the Industry Research and Development Act 1986 or by the agreement as if the amendments made by this Schedule had not been made.
(6) Despite the amendments of the Industry Research and Development Act 1986 made by this Schedule, a prosecution may be instituted, on or after the commencing day, in respect of an offence concerning:

(a) an application made before that day for:
(i) the expenditure of Commonwealth money under a program to which Ministerial directions in force immediately before that day under section 19 of that Act apply; or
(ii) an advance in respect of money that may be paid under such a program; or
(b) if any agreement is entered into before, on or after that day in relation to such an application—any act or omission, or the provision of or failure to provide any information, in relation to the research and development to which the agreement relates;

as if those amendments had not been made.

(7) In this item:

commencing day means the date of commencement of Schedule 1 to this Act.

29 Part IV

Repeal the Part.

30 Subsection 44(6)

Omit "claim for subsidy", substitute:

application for:

(a) the expenditure of Commonwealth money under a program to which Ministerial directions under section 18A or 19 apply; or
(b) an advance in respect of money that may be paid under such a program.
31 Subsection 44(11)

Repeal the subsection.

32 Paragraph 46(2)(a)

Repeal the paragraph, substitute:

(a) must contain an analysis of the effectiveness of the operations of the Board under this Act during the year in achieving the object of this Act; and
33 Paragraph 46(2)(b)

Omit all the words before subparagraph (i), substitute:

if the Board has entered into agreements under this Act, including agreements entered into under transitional arrangements, during the year—must set out, in relation to each such agreement entered into:
34 Subparagraph 46(2)(b)(ii)

Omit "subsidy", substitute "Commonwealth money".

35 Subparagraphs 46(2)(b)(iv), (v) and (vi)

Repeal the subparagraphs, substitute:

(iv) subject to section 47, particulars of the research and development activities to which the agreement relates; and
36 Paragraph 46(2)(c)

Repeal the paragraph, substitute:

(c) if the Board has entered into agreements under this Act, including agreements entered into under transitional arrangements, and those agreements are still in force during the year—must set out, in relation to each such agreement entered into:
(i) the name of each researcher to whom Commonwealth money has been paid in respect of a research and development program during the year; and
(ii) the amount of Commonwealth money paid to that researcher in respect of that program in the year; and
37 At the end of section 46

Add:

(4)

In this section: