Australian Institute of Marine Science Act 1972

No. 55, 1972

Compilation No. 18

Compilation date: 21 October 2016

Includes amendments up to: Act No. 61, 2016

Registered: 28 October 2016

About this compilation

This compilation

This is a compilation of the Australian Institute of Marine Science Act 1972 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I—Preliminary 1

1 Short title 1

2 Commencement 1

4 Repeal 1

5 Interpretation 1

6 Application of Act outside Australia 2

Part II—Australian Institute of Marine Science 3

7 The Institute 3

9 Functions of Institute 3

10 Powers of Institute 5

Part III—Council of the Institute 8

10A Interpretation 8

11 Institute to be governed by Council 8

12 Constitution of Council 8

13 Leave of absence 9

14 Resignation of members 9

15 Termination of appointment 9

16 Vacation of office 9

17 Acting members 10

19 Fees and allowances 10

20 Meetings of Council 11

20A Chief Executive Officer not to take part in certain deliberations of Council 11

Part IV—Chief Executive Officer of the Institute 12

21 Chief Executive Officer of Institute 12

22 Tenure of office 12

23 Functions of Chief Executive Officer 12

24 Remuneration and allowances of Chief Executive Officer 12

25 Leave of absence 12

26 Resignation 13

27 Termination of appointment 13

29 Chief Executive Officer not to undertake any other work 14

30 Acting Chief Executive Officer 14

Part V—Staff 15

33 Appointment of officers 15

34 Terms and conditions of appointment of officers 15

35 Temporary and casual employees 15

Part VI—Finance 16

36 Moneys payable to Institute 16

38 Application of moneys 16

42A Borrowing from Commonwealth 16

42B Borrowing from persons other than the Commonwealth 17

42C Guarantee of borrowings by Institute 17

42D Borrowing not otherwise permitted 17

42E Institute may give security 17

43 Exemption from taxation 18

Part VII—Miscellaneous 19

45 Committees 19

46 Application of the Air Accidents (Commonwealth Government Liability) Act 1963 19

48 Inventions etc. of officers and employees 20

49 Bonuses for discoveries by officers and employees 20

50 Fees and agreements for investigations 20

50A Delegation of powers by Finance Minister 20

50B Delegation by the Institute 21

50C Delegation by the Council 21

50D Delegation and subdelegation by the Chief Executive Officer 21

50E Corporate plans 22

51 Regulations 22

Endnotes 23

Endnote 1—About the endnotes 23

Endnote 2—Abbreviation key 25

Endnote 3—Legislation history 26

Endnote 4—Amendment history 31

An Act relating to the Australian

 I Preliminary
1 Short title

This Act may be cited as the Australian Institute of Marine Science Act 1972.
2 Commencement

This Act shall come into operation on a date to be fixed by Proclamation.
4 Repeal

The Australian Institute of Marine Science Act 1970 is repealed.
5 Interpretation 1

In this Act, unless the contrary intention appears:

Acting Chief Executive Officer means an acting Chief Executive Officer of the Institute appointed under section 30.

acting member means an acting Chairperson, Acting Chief Executive Officer or other acting member appointed under section 17.

application and use means:

 a

marine application and use; or

 b

non-marine application and use.

appointed includes re-appointed, and re-appointment has a corresponding meaning.

associated company means a company where the Institute is in a position to cast, or control the casting of, 15% or more of the maximum number of votes that might be cast at a general meeting of the company.

borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day-to-day operations of the Institute.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

hire includes charter.

institution includes any university or other body, whether corporate or unincorporate.

member means a member of the Council, and includes the Chairperson and the Chief Executive Officer.

the Chairperson means the Chairperson of the Council.

the Chief Executive Officer means the Chief Executive Officer of the Institute appointed under section 21.

the Council means the Council of the Institute.

the Institute means the Australian Institute of Marine Science referred to in section 7.

vessel includes ship, boat or other craft.
6 Application of Act outside

The Institute is not limited, in the performance of its functions and the exercise of its powers, to and the territorial waters of and this Act applies both within and outside and extends to all the external Territories.
II Australian Institute of Marine Science
7 The Institute 1

(1) Notwithstanding the repeal effected by Australian Institute of Marine Science Act 1970 under the name of the Australian Institute of Marine Science is continued in existence by this Act under that name.section 4, the institute established by the

2

The Institute:

 a

is a body corporate;

 b

shall have a seal;

 c

may acquire, hold and dispose of real and personal property; and

 d

may sue and be sued.

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

 3

The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.

 4

All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.
9 Functions of Institute 1

The functions of the Institute are:

 a

to carry out research and development in relation to:

 i

marine science and marine technology; and

 ii

the application and use of marine science and marine technology; and

 b

to encourage and facilitate the application and use of the results of research and development of that kind; and

 c

to arrange for carrying out research and development of that kind; and

 d

to co-operate with other institutions and persons in carrying out research and development of that kind; and

 e

to provide any other institution or person with facilities for carrying out research and development of that kind; and

 f

to collect and disseminate information relating to:

 i

marine science and marine technology; and

 ii

the application and use of marine science and marine technology;

and, in particular, to publish reports and other papers; and

 g

to produce, acquire, provide and sell goods, and to provide services, in connection with:

 i

marine science and marine technology; and

 ii

the application and use of marine science and marine technology; and

 h

to make available to other persons, on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Institute; and

 i

to do anything incidental or conducive to the performance of any of the functions in paragraphs (a) to (h).

 2

The Institute may perform its functions to the extent only that they are not in excess of the functions that may be conferred on it by virtue of any of the legislative powers of the Parliament and, in particular, may perform its functions:

 a

in so far as it is appropriate for its functions to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government; or

 b

for the purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to perform functions; or

 c

by way of expenditure or money that is available for the purposes of the Institute in accordance with an appropriation made by the Parliament; or

 d

in the course of, and in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or

 e

for purposes related to external affairs; or

 f

for purposes in relation to a Territory; or

 g

for purposes in relation to quarantine; or

 h

for purposes in relation to fisheries in Australian waters beyond territorial limits; or

 i

for purposes in relation to telecommunications.

 3

In this section:

communications includes any communication whether:

 a

between persons and persons, things and things or persons and things; and

 b

in the form of speech, music or other sounds; and

 c

in the form of data; and

 d

in the form of text; and

 e

in the form of visual images (animated or otherwise); and

 f

in the form of signals; and

 g

in any other form; and

 h

in any combination of forms.

telecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.
10 Powers of Institute 1

Subject to any directions of the Minister, whether general or with respect to a particular matter, the Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

 2

Without limiting the generality of subsection (1), the powers of the Institute referred in that subsection include power:

 a

to enter into contracts;

 b

to acquire, hold and dispose of personal property;

 ba

to take on hire, or to accept on loan, equipment (including vessels) or other goods needed for the purposes of the Institute;

 bb

to lend or to hire out equipment (including vessels) or other goods that are the property of the Institute;

 c

to purchase or take on lease land or buildings, and to erect buildings, necessary for the purposes of the Institute;

 d

to dispose of, or grant leases of, land or buildings vested in the Institute;

 e

to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;

 f

to participate in partnerships, trusts, unincorporated joint ventures and other arrangements for sharing profits;

 g

to subscribe for and to purchase shares in, and debentures and other securities of, companies;

 h

to form, and to participate in the formation of, companies;

 ha

to lend money to associated companies of the Institute;

 hb

with the written approval of the Finance Minister, to provide guarantees for the benefit of associated companies of the Institute;

 i

to appoint agents and attorneys, and to act as agents for other persons;

 j

to accept anything given or transmitted to the Institute whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;

 k

to arrange for displaying material and giving lectures, to the public or otherwise, about:

 i

marine science and marine technology; and

 ii

the application and use of marine science and marine technology.

 3

Notwithstanding anything contained in this Act, any money or property held by the Institute upon trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.

 4

The Governor-General may make available, for the purposes of the Institute, any land or buildings owned or held under lease by the Commonwealth.
III Council of the Institute
10A Interpretation

In this Part, a reference to a member or an acting member does not, except in subsections 20(5) and (6), include a reference to the Chief Executive Officer or an Acting Chief Executive Officer.
11 Institute to be governed by Council

The Institute shall be governed by a council to be known as the Council of the .
12 Constitution of Council 1

The Council shall consist of:

 a

a Chairperson; and

 b

the Chief Executive Officer; and

 ba

a member nominated by ; and

 c

4 other members.

 2

The members shall be appointed by the Governor-General.

 3

At least 3 members shall be persons possessing scientific qualifications.

 4

Subject to this Act, each member holds office for such period, not exceeding 5 years, as is specified in the instrument of the member’s appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

 5

An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.
13 Leave of absence

The Minister may grant leave of absence to a member upon such terms and conditions as the Minister determines.
14 Resignation of members

A member may resign from office by writing signed by the member and delivered to the Governor-General.
15 Termination of appointment

The Governor-General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
16 Vacation of office 1

If a member:

 a

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

 b

is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Council; or

 d

is covered by subsection (2);

the Governor-General shall, by notice published in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.

Note: The appointment of a member may also be terminated under Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).section 30 of the

2

A member is covered by this subsection if:

 a

the member is appointed under paragraph 12(1)(ba) on the basis of a nomination by ; and

 b

the University notifies the Minister in writing that the nomination is withdrawn.
17 Acting members 1

In the event of an inability, whether on account of illness or otherwise, of the Chairperson to attend meetings of the Council, the Minister may appoint a person to be the acting Chairperson of the Council during that inability and, while so acting, the person has all the powers and functions of the Chairperson and, when attending a meeting of the Council, shall be deemed to be the Chairperson.

 2

In the event of the inability, whether on account of illness or otherwise, of a member, other than the Chairperson, to attend meetings of the Council, the Minister may appoint a person to be an acting member of the Council during that inability, and while so acting, the person has all the powers and functions of a member, other than the Chairperson, of the Council and, when attending a meeting of the Council, shall be deemed to be a member, other than the Chairperson, of the Council.

 3

An appointment under this section may be terminated at any time by the Minister.
19 Fees and allowances 1

A member or acting member shall be paid such fees as are determined by the Remuneration Tribunal.

 2

A member or acting member shall be paid such allowances as are prescribed.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
20 Meetings of Council 1

The Council shall hold such meetings as are necessary for the performance of its functions.

 2

The Chairperson may, at any time, convene a meeting of the Council and shall, if so directed by the Minister, convene a meeting of the Council.

 3

The Chairperson shall preside at all meetings of the Council at which he or she is present.

 4

In the absence of both the Chairperson and the acting Chairperson from a meeting of the Council, the members present shall appoint one of their number to preside at the meeting.

 5

At a meeting of the Council, a quorum is constituted by not less than 4 members.

 6

Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.

 7

The member presiding at a meeting of the Council has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
20A Chief Executive Officer not to take part in certain deliberations of Council

The Chief Executive Officer:

 a

shall not take part in any deliberation or decision of the Council with respect to him or her; and

 b

shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.
IV Chief Executive Officer of the Institute
21 Chief Executive Officer of Institute

There shall be a Chief Executive Officer of the Institute, who shall be appointed by the Council.
22 Tenure of office

Subject to this Act, the Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Council determines, but is eligible for re-appointment.
23 Functions of Chief Executive Officer

Subject to the general direction of the Council, the Chief Executive Officer shall manage the affairs of the Institute.
24 Remuneration and allowances of Chief Executive Officer 1

The Chief Executive Officer shall be paid such remuneration as is determined by the Remuneration Tribunal.

 2

The Chief Executive Officer shall be paid such allowances as are prescribed.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
25 Leave of absence 1

The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.

 2

The Council may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.
26 Resignation

The Chief Executive Officer may resign from office by writing signed by the Chief Executive Officer and delivered to the Council.
27 Termination of appointment 1

The Council may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

 2

The Council may terminate the appointment of the Chief Executive Officer if:

 a

the Chief Executive Officer becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

 b

the Chief Executive Officer is absent, except on leave of absence granted by the Council, from 3 consecutive meetings of the Council; or

 c

the Chief Executive Officer is absent from duty, except on leave of absence granted by the Council, for 14 consecutive days or for 28 days in any 12 months; or

 e

the Council is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.

Note: The appointment of the Chief Executive Officer may also be terminated under Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).section 30 of the

29 Chief Executive Officer not to undertake any other work 1

The Chief Executive Officer shall not engage in paid employment outside the duties of his or her office except with the approval of the Council.

 2

The Council shall not give an approval for the purposes of subsection (1) unless satisfied that the paid employment will not interfere with the performance of the duties of the Chief Executive Officer under this Act.
30 Acting Chief Executive Officer

The Council may appoint a person to act in the office of Chief Executive Officer:

 a

during a vacancy in the office; or

 b

during any period, or during all periods, when the person holding the office is absent from duty or from or is, for any other reason, unable to perform the functions of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

V Staff
33 Appointment of officers 1

The Council may appoint such officers of the Institute as it thinks necessary for the purposes of this Act.
34 Terms and conditions of appointment of officers

Officers are not subject to the Public Service Act 1999 but hold office on such terms and conditions as are determined by the Council.
35 Temporary and casual employees 1

The Council may employ such temporary or casual employees of the Institute as the Council thinks necessary for the purposes of this Act.

 4

The terms and conditions of employment of employees shall be such as are determined by the Council.
VI Finance
36 Moneys payable to Institute 1

There are payable to the Institute such moneys as are appropriated by the Parliament for the purposes of the Institute.

 2

The Finance Minister may give directions as to the amounts in which and the times at which, moneys referred to in subsection (1) are to be paid to the Institute.
38 Application of moneys 1

The moneys of the Institute shall be applied only:

 a

in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions or the exercise of its powers; and

 b

in payment of any remuneration (including fees) and allowances payable under this Act; and

 c

in making any other payments which the Institute is authorised or required to make under this Act or any other law.

 2

(2) Subsection (1) does not prevent investment, under Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.section 59 of the

42A Borrowing from Commonwealth

The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Institute on such terms and conditions as he or she determines in writing.
42B Borrowing from persons other than the Commonwealth 1

The Institute may, with the Finance Minister’s written approval, borrow money from persons other than the Commonwealth on terms and conditions specified in, or consistent with, the approval.

 2

Money may be borrowed wholly or partly in foreign currency.
42C Guarantee of borrowings by Institute 1

The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by the Institute of obligations incurred by it under section 42B.

 2

If the Finance Minister determines in writing that obligations incurred by the Institute under section 42B are guaranteed by the Commonwealth, the obligations become so guaranteed.

 3

A contract under subsection (1) may include:

 a

a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or

 b

a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.
42D Borrowing not otherwise permitted

The Institute must not borrow money except under section 42A or 42B.
42E Institute may give security

The Institute may give security over the whole or part of its assets for:

 a

the performance by the Institute of any obligation incurred under section 42A or 42B; or

 b

the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 42C.
43 Exemption from taxation 1

The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.

 2

Stamp duty or a similar tax under a law of the Commonwealth or of a State or Territory is not payable by the Institute or any other person in respect of:

 a

a transaction done for the purposes of a borrowing by the Institute; or

 b

a document executed by or on behalf of the Institute for the purposes of a borrowing by the Institute.
VII Miscellaneous
45 Committees 1

The Minister may, at the request of the Council, appoint a Committee to assist the Council in relation to a matter specified in the request.

 2

A Committee appointed under this section shall consist of such persons, whether members of the Council or not, as the Council with the approval of the Minister thinks fit.

 2A

A member of a Committee shall be paid such remuneration by way of fees as is determined by the Remuneration Tribunal and such allowances as are prescribed.

 2B

(2B) Subsection (2A) has effect subject to the Remuneration Tribunal Act 1973.

 3

A member of a Committee shall hold office on such terms and conditions as the Council with the approval of the Minister determines.

 4

A Committee shall make such enquiries, and furnish to the Council such reports, in connexion with the matter in relation to which it has been appointed as the Council directs.
46 Application of the Air Accidents (Commonwealth Government Liability) Act 1963

The Institute is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Government Liability) Act 1963.
48 Inventions etc. of officers and employees 1

Any discovery, invention or improvement of or in any process, apparatus or machine made by an officer or employee of the Institute in the course of his or her official duties is the property of the Institute and may be made available by the Institute on such conditions and on payment of such fees or royalties, or otherwise, as the Institute, determines.

 2

An officer or employee of the Institute shall not, except with the consent in writing of the Council, make application for a patent for an invention that is made by him or her in the course of his or her official duties or that relates to any matter or work connected with his or her official duties.
49 Bonuses for discoveries by officers and employees

The Council may pay to officers and employees, or to persons working on behalf of the Institute, such bonuses as the Council, determines in respect of useful discoveries or inventions made by those officers, employees or persons.
50 Fees and agreements for investigations

The Council may charge such fees, and may agree to such conditions, as it thinks fit for investigations carried out by the Institute at the request of any person.
50A Delegation of powers by Finance Minister 1

(1) The Finance Minister may, by written instrument, delegate to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non-corporate Commonwealth entity (within the meaning of that Act) the power:

 a

to approve the provision of guarantees as mentioned in paragraph 10(2)(hb); or

 b

to approve the borrowing of money on terms and conditions specified in, or consistent with, the approval as mentioned in subsection 42B(1); or

 c

to enter into contracts as mentioned in subsection 42C(1); or

 d

to make determinations as mentioned in subsection 42C(2).

 2

In exercising power under a delegation, the official must comply with any directions of the Finance Minister.
50B Delegation by the Institute 1

The Institute may, in writing under its seal, delegate all or any of its powers or functions under this Act to:

 a

a Council member; or

 b

the Chief Executive Officer.

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Institute.
50C Delegation by the Council 1

The Council may, in writing, delegate all or any of its powers or functions under this Act to:

 a

a Council member; or

 b

the Chief Executive Officer.

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Council.
50D Delegation and subdelegation by the Chief Executive Officer 1

The Chief Executive Officer may, in writing, delegate to an officer or employee of the Institute any of the Chief Executive Officer’s powers or functions under this Act.

 2

If the Institute or the Council delegates a power or function under subsection 50B(1) or 50C(1) to the Chief Executive Officer, the Chief Executive Officer may, in writing, subdelegate the power or function to an officer or employee of the Institute.

 3

In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Chief Executive Officer.

 4

(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
50E Corporate plans

Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Council.
51 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for penalties not exceeding a fine of 1 penalty unit for offences against the regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Australian Institute of Marine Science Act 1972 55, 1972 9 June 1972 1 July 1972 (see Gazette 1972, No. 53, p. 5)
Australian Institute of Marine Science Act 1973 61, 1973 18 June 1973 18 June 1973 —
Statute Law Revision Act 1973 216, 1973 ss. 9(1) and 10
Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 s. 8
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 65, 1985 5 June 1985 s. 3: 3 July 1985 (a) s. 6
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 s. 3: Royal Assent (b) s. 9
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 168, 1986 s. 3: Royal Assent (c) s. 5(1)
as amended by
Statute Law (Miscellaneous Provisions) Act 1987 141, 1987 s. 3: Royal Assent (d) s. 5(1)
Industrial Relations Legislation Amendment Act 1991 122, 1991 27 June 1991 ss. 4(1), 10(b) and 15–20: ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent s. 31(2)
Prime Minister and Cabinet Legislation Amendment Act 1991 199, 1991 —
Industry, Technology and Commerce Legislation Amendment Act 1992 168, 1992 Part 5 (ss. 14, 15): 30 July 1975 Remainder: Royal Assent —
Statute Law Revision Act 1996 43, 1996 Schedule 4 (items 28–30): Royal Assent (e) —
Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 Schedule 2 (items 338–346): (see Gazette 1997, No. GN49) (f) —
Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 Schedule 1 (items 198, 199): (see Gazette 1999, No. S584) (g) —
Corporate Law Economic Reform Program Act 1999 156, 1999 Schedule 10 (items 38, 39): (see Gazette 2000, No. S114) (h) —
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 159, 2001 Sch. 1 (item 97)
Research Agencies Legislation Amendment Act 2002 98, 2002 Sch. 1 (item 11)
Australian Institute of Marine Science Amendment Act 2005 54, 2005 25 May 2005 25 May 2005 —
Financial Framework Legislation Amendment Act (No. 1) 2006 30, 2006 Schedule 3 (item 2): —
Governance Review Implementation (Science Research Agencies) Act 2007 84, 2007 21 June 2007 Schedules 1–3: 10 Sept 2007 (see F2007L03555) Remainder: Royal Assent Sch. 1 (item 12)
Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Schedule 2 (items 179–183) and Schedule 3 (items 10, 11): 27 Dec 2011 Sch. 3 (items 10, 11)
Statute Law Revision Act 2013 103, 2013 29 June 2013 Schedule 1 (items 18, 19): Royal Assent —
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 7 (items 284–292) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) —
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) —
Statute Update Act 2016 61, 2016 23 Sept 2016 Sch 1 (item 51): 21 Oct 2016 (s 2(1) item 1) —
a

(a) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 1

Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

 b

(b) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:

 1

Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 c

(c) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows:

 1

Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

 d

(d) The Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(29) of which provides as follows:

 29

(29) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the day on which the first-mentioned Act received the Royal Assent.

 e

(e) The Australian Institute of Marine Science Act 1972 was amended by Schedule 4 (items 28–30) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 1

Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

 f

(f) The Australian Institute of Marine Science Act 1972 was amended by Schedule 2 (items 338–346) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 2

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997,

 g

(g) The Australian 1972 was amended by Schedule 1 (items 198 and 199) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 1

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 2

Subject to this section, this Act commences at the commencing time.

 h

(h) The Australian 1972 was amended by Schedule 10 (items 38 and 39) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:

 2

The following provisions commence on a day or days to be fixed by Proclamation:

 c

the items in Schedules 10, 11 and 12.

Endnote 4—Amendment history
Provision affected Provision affected How affected
Part I
s. 3 rep. No. 216, 1973 rep. No. 216, 1973
s. 5 am. Nos. 76 and 168, 1986; No. 168, 1992; No. 152, 1997; No. 98, 2002; No. 54, 2005; No 62, 2014 am. Nos. 76 and 168, 1986; No. 168, 1992; No. 152, 1997; No. 98, 2002; No. 54, 2005; No 62, 2014
s. 6 am. No. 216, 1973 am. No. 216, 1973
Part II
s. 7 am. No. 76, 1986; No 62, 2014 am. No. 76, 1986; No 62, 2014
Note to s. 7(2) ad. No. 152, 1997 ad. No. 152, 1997
rs No 62, 2014 rs No 62, 2014
s. 8 rep. No. 61, 1973 rep. No. 61, 1973
s. 9 rs. No. 168, 1992 rs. No. 168, 1992
am. No. 98, 2002 am. No. 98, 2002
s. 10 am. No. 76, 1986; No. 168, 1992; No. 98, 2002 am. No. 76, 1986; No. 168, 1992; No. 98, 2002
s. 10AA ad. No. 168, 1992 ad. No. 168, 1992
rep. No. 152, 1997 rep. No. 152, 1997
Part III
s. 10A ad. No. 168, 1986 ad. No. 168, 1986
am. No. 98, 2002; No. 54, 2005 am. No. 98, 2002; No. 54, 2005
s. 12 am. Nos. 76 and 168, 1986; No. 54, 2005 am. Nos. 76 and 168, 1986; No. 54, 2005
s. 14 rs. No. 76, 1986 rs. No. 76, 1986
s. 16 am. Nos. 76 and 168, 1986; No. 152, 1997; No. 156, 1999; No. 54, 2005; No 62, 2014 am. Nos. 76 and 168, 1986; No. 152, 1997; No. 156, 1999; No. 54, 2005; No 62, 2014
Note to s 16(1) ad No 62, 2014 ad No 62, 2014
s. 17 am. No. 168, 1986 am. No. 168, 1986
s. 18 rs. Nos. 76 and 168, 1986 rs. Nos. 76 and 168, 1986
rep. No. 152, 1997 rep. No. 152, 1997
s. 19 rs. No. 76, 1986 rs. No. 76, 1986
am. No. 43, 1996 am. No. 43, 1996
s. 20 am. No. 76, 1986; No. 168, 1986 (as am. by No. 141, 1987) am. No. 76, 1986; No. 168, 1986 (as am. by No. 141, 1987)
Heading to s. 20A am. No. 54, 2005 am. No. 54, 2005
s. 20A ad. No. 168, 1986 ad. No. 168, 1986
am. No. 54, 2005; No. 84, 2007 am. No. 54, 2005; No. 84, 2007
Part IV
Heading to Part IV rs. No. 54, 2005 rs. No. 54, 2005
Heading to s. 21 am. No. 54, 2005 am. No. 54, 2005
s. 21 am. No. 54, 2005; No. 84, 2007 am. No. 54, 2005; No. 84, 2007
s. 22 am. No. 76, 1986; No. 159, 2001; No. 54, 2005; No. 84, 2007 am. No. 76, 1986; No. 159, 2001; No. 54, 2005; No. 84, 2007
Heading to s. 23 am. No. 54, 2005 am. No. 54, 2005
s. 23 am. No. 54, 2005 am. No. 54, 2005
Heading to s. 24 am. No. 54, 2005 am. No. 54, 2005
s. 24 rs. No. 76, 1986 rs. No. 76, 1986
am. No. 43, 1996; No. 54, 2005 am. No. 43, 1996; No. 54, 2005
s. 25 rs. No. 122, 1991 rs. No. 122, 1991
am. No. 146, 1999; No. 54, 2005; No. 84, 2007 am. No. 146, 1999; No. 54, 2005; No. 84, 2007
s. 26 rs. No. 76, 1986 rs. No. 76, 1986
am. No. 54, 2005; No. 84, 2007 am. No. 54, 2005; No. 84, 2007
s. 27 am. No. 54, 2005 am. No. 54, 2005
rs. No. 84, 2007 rs. No. 84, 2007
am No 62, 2014 am No 62, 2014
Note to s 27(2) ad No 62, 2014 ad No 62, 2014
Heading to s. 28 am. No. 54, 2005 am. No. 54, 2005
rep. No. 84, 2007 rep. No. 84, 2007
s. 28 am. Nos. 76 and 168, 1986; No. 122, 1991; No. 152, 1997; No. 156, 1999; No. 54, 2005 am. Nos. 76 and 168, 1986; No. 122, 1991; No. 152, 1997; No. 156, 1999; No. 54, 2005
rep. No. 84, 2007 rep. No. 84, 2007
Heading to s. 29 am. No. 54, 2005 am. No. 54, 2005
s. 29 am. No. 76, 1986; No. 54, 2005; No. 84, 2007 am. No. 76, 1986; No. 54, 2005; No. 84, 2007
Heading to s. 30 am. No. 54, 2005 am. No. 54, 2005
s. 30 rs. No. 65, 1985 rs. No. 65, 1985
am. No. 159, 2001; No. 54, 2005; No. 84, 2007; No. 46, 2011 am. No. 159, 2001; No. 54, 2005; No. 84, 2007; No. 46, 2011
Note to s. 30 ad. No. 46, 2011 ad. No. 46, 2011
s. 31 am. No. 76, 1986 am. No. 76, 1986
rep. No. 98, 2002 rep. No. 98, 2002
s. 32 rep. No. 76, 1986 rep. No. 76, 1986
Part V
s. 33 am. No. 65, 1985; No. 76, 1986; No. 98, 2002 am. No. 65, 1985; No. 76, 1986; No. 98, 2002
s. 34 am. No. 76, 1986; No. 199, 1991; No. 146, 1999 am. No. 76, 1986; No. 199, 1991; No. 146, 1999
s. 35 am. No. 76, 1986; No. 199, 1991; No. 98, 2002 am. No. 76, 1986; No. 199, 1991; No. 98, 2002
Part VI
s. 36 am. No. 36, 1978; No. 76, 1986; No. 98, 2002 am. No. 36, 1978; No. 76, 1986; No. 98, 2002
s. 37 rs. No. 76, 1986 rs. No. 76, 1986
rep. No. 152, 1997 rep. No. 152, 1997
s. 38 am. No. 36, 1978; No. 76, 1986; No. 152, 1997; No. 98, 2002; No 62, 2014 am. No. 36, 1978; No. 76, 1986; No. 152, 1997; No. 98, 2002; No 62, 2014
s. 39 rep. No. 76, 1986 rep. No. 76, 1986
s. 40 rs. No. 76, 1986 rs. No. 76, 1986
rep. No. 152, 1997 rep. No. 152, 1997
s. 41 rep. No. 76, 1986 rep. No. 76, 1986
s. 42 am. No. 76, 1986; No. 98, 2002 am. No. 76, 1986; No. 98, 2002
rep. No. 84, 2007 rep. No. 84, 2007
ss. 42A–42E ad. No. 98, 2002 ad. No. 98, 2002
s. 43 am. No. 216, 1973; No. 98, 2002 am. No. 216, 1973; No. 98, 2002
s. 44 am. No. 36, 1978 am. No. 36, 1978
rep. No. 76, 1986 rep. No. 76, 1986
Part VII
s. 45 am. No. 76, 1986; No. 43, 1996 am. No. 76, 1986; No. 43, 1996
Heading to s. 46 rs. No. 103, 2013 rs. No. 103, 2013
s. 46 rs. No. 76, 1986 rs. No. 76, 1986
am. No. 103, 2013 am. No. 103, 2013
s. 47 am. No. 216, 1973 am. No. 216, 1973
rep. No. 65, 1985 rep. No. 65, 1985
s. 48 am. No. 76, 1986; No. 98, 2002 am. No. 76, 1986; No. 98, 2002
s. 49 am. No. 98, 2002 am. No. 98, 2002
s. 50A ad. No. 30, 2006 ad. No. 30, 2006
am No 62, 2014 am No 62, 2014
s 50B ad No 62, 2014 ad No 62, 2014
s 50C ad No 62, 2014 ad No 62, 2014
s 50D ad No 62, 2014 ad No 62, 2014
s 50E ad No 62, 2014 ad No 62, 2014
s. 51 am. No. 76, 1986; No 61, 2016 am. No. 76, 1986; No 61, 2016
The Schedule rep. No. 98, 2002 rep. No. 98, 2002