Coal Research Assistance Act 1977

No. 135, 1977 as amended

Compilation start date: 24 June 2014

Includes amendments up to: Act No. 31, 2014

About this compilation

This compilation

This is a compilation of the Coal Research Assistance Act 1977 as in force on 24 June 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 24 June 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions and amendments

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

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Interpretation 1

4 Coal Research Trust Account 2

5 Money to be paid into the Research Account 3

5A Transfer of Research Account funds 3

6 Application of the Research Account 3

7 Research advisory committees 4

8 Transfer of grant agreements 4

8A Transfer of intellectual property rights 5

8B Transfer of assets 5

8C Exemption from stamp duty 5

8D Reversion to Commonwealth 5

8E Transfer of unfunded commitments 6

8F Compensation for acquisition of property 6

10 Regulations 7

Endnotes 8

Endnote 1—About the endnotes 8

Endnote 2—Abbreviation key 10

Endnote 3—Legislation history 11

Endnote 4—Amendment history 12

Endnote 5—Uncommenced amendments [none] 13

Endnote 6—Modifications [none] 13

Endnote 7—Misdescribed amendments [none] 13

Endnote 8—Miscellaneous [none] 13

An Act relating to coal research
1 Short title

This Act may be cited as the Coal Research Assistance Act 1977.
2 Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation

In this Act, unless the contrary intention appears:

Australian Coal Research Limited means the company incorporated in the State of carrying on business under the name of the Australian Coal Research Limited at the time of the commencement of the Coal Research Assistance Amendment Act 1992.

coal includes brown coal.

grant agreement means:

 a

(a) in relation to the Research Account—an agreement entered into by the Commonwealth before the commencement of the Coal Research Assistance Amendment Act 1992 for the purposes of, or in connection with, research to be done with money provided, in whole or in part, out of the Account; and

 b

in relation to Australian Coal Research Limited—an agreement to which the company is a party, entered into for the purposes of, or in connection with, research to be done with money provided, in whole or in part, by the company.

intellectual property rights means rights associated with all copyrights, registered and unregistered trade marks, registered designs, trade secrets and know-how, and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 concluded at Stockholm, to which Australia is a party.

research means scientific, technical or economic research in connexion with coal or products derived from coal, and includes: the training of persons for the purpose of any such research; the publication of reports, periodicals, books and papers in connexion with such research; the dissemination of information and advice in connexion with scientific, technical or economic matters related to coal or products derived from coal; and any matter incidental to a matter referred to in this definition.

 a

the training of persons for the purpose of any such research;

 b

the publication of reports, periodicals, books and papers in connexion with such research;

 c

the dissemination of information and advice in connexion with scientific, technical or economic matters related to coal or products derived from coal; and

 d

any matter incidental to a matter referred to in this definition.

Research Account means the Coal Research Trust Account established by this Act.

research advisory committee means a committee appointed under subsection 7(1) or declared under subsection 7(2) to be a research advisory committee for the purposes of this Act.

unfunded commitment means:

 a

in relation to the Research Account—the amount of financial liability arising from grant agreements in relation to the Account that cannot be met by the amount of money standing to the credit of the Account; and

 b

in relation to Australian Coal Research Limited—the amount of financial liability arising from grant agreements in relation to the company that cannot be met by the total value of liquid assets held by the company.
4 Coal Research Trust Account 1

An account is hereby established to be known as the Coal Research Trust Account.

 2

(2) The Research Account is a Trust Account for the purposes of Audit Act 1901.section 62A of the

5 Money to be paid into the Research Account 1

There are payable into the Research Account amounts equal to the amount determined by the Minister under subsection (2) multiplied by the number of tonnes of coal on which amounts of duty of excise are raised from time to time.

 2

The Minister may, for the purposes of this section, determine an amount (not exceeding 5 cents) per tonne of coal.

 3

No money is to be paid into the Research Account if the Minister does not make a determination under subsection (2).

 4

Amounts payable into the Research Account under subsection (1) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
5A Transfer of Research Account funds

On the commencement of this section, the amount of money standing to the credit of the Research Account at that time is to be transferred to Australian Coal Research Limited.
6 Application of the Research Account 1

Subject to this section and section 5A, moneys standing to the credit of the Research Account may be expended:

 a

with the approval of the Minister, for the purpose of research; and

 b

in payment of remuneration and allowances payable under section 7.

 2

In exercising his or her power under paragraph (1)(a) to approve the expenditure of moneys from the Research Account, the Minister shall have regard to recommendations, if any, furnished to him or her by a research advisory committee with respect to the expenditure of those moneys.

 3

Without limiting subsection (1), moneys may be expended under that subsection for the purpose of research conducted jointly by a person or body associated with and a person or body associated with another country.
7 Research advisory committees 1

The Minister may appoint such persons as he or she thinks fit to be a research advisory committee for the purposes of this Act.

 2

Where the Minister considers that any other body of persons is so constituted that it would be appropriate for it to make recommendations to him or her with respect to the expenditure of moneys on research, the Minister may, by writing signed by him or her, declare that committee to be a research advisory committee for the purposes of this Act.

 3

The Minister may exercise his or her powers under this section so that, at any time, there is more than one research advisory committee.

 4

The Minister may request a research advisory committee to furnish to him or her recommendations for the purposes of subsection 6(2) and such other recommendations and advice with respect to research as the Minister considers appropriate.

 5

Subject to subsection (7), a member of a committee appointed by the Minister under subsection (1) shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.

 6

A member referred to in subsection (5) shall be paid such allowances as are prescribed.

 7

(7) Subsections (5) and (6) have effect subject to the Remuneration Tribunal Act 1973.
8 Transfer of grant agreements

On and after the commencement of this section, every grant agreement in relation to the Research Account has effect as if:

 a

Australian Coal Research Limited were substituted for the Commonwealth as a party to the grant agreement; and

 b

any reference in the grant agreement to the Commonwealth, to the Department or to the Secretary were a reference to Australian Coal Research Limited.
8A Transfer of intellectual property rights

On the commencement of this section, any intellectual property rights of the Commonwealth arising from a grant agreement in relation to the Research Account are to be transferred to Australian Coal Research Limited.
8B Transfer of assets 1

The Minister may, by legislative instrument, determine that assets and liabilities specified in the determination, being assets and liabilities of the Commonwealth in relation to research, are to be transferred to Australian Coal Research Limited on and from a date specified in the determination.

 2

If an asset is transferred under subsection (1), Australian Coal Research Limited becomes liable to pay and discharge all debts, liabilities and obligations of the Commonwealth (if any) that existed in respect of the asset immediately before the transfer.
8C Exemption from stamp duty

Australian Coal Research Limited is not liable to pay stamp duty under a law of the Commonwealth, of a State or of a Territory on any documents that have come into existence because of, or for a purpose connected with or arising out of any transaction between the Commonwealth and the company as a result of the operation of section 5A, 8, 8A, or 8B.
8D Reversion to Commonwealth 1

If the Minister is satisfied that:

 a

in the interest of the Australian coal industry; or

 b

in the national interest;

Australian Coal Research Limited should cease to have responsibility in relation to research, the Minister may, in writing, determine that the assets and liabilities of Australian Coal Research Limited that are specified in the regulations are to be transferred to the Commonwealth from a date specified in the regulations.

 2

(2) A determination made under subsection (1) must be published in the Gazette as soon as possible after it is made.

 3

Regulations may be made to provide for saving and transitional provisions arising from a determination made under subsection (1).
8E Transfer of unfunded commitments 1

(1) The operation of Coal Research Assistance Amendment Act 1992.section 8D must not result in the transfer to the Commonwealth of any unfunded commitments of Australian Coal Research Limited existing at the time of the transfer, of a total value that exceeds the total value, in real terms, of the unfunded commitments of the Research Account existing immediately before the commencement of the

2

(2) In subsection (1), the value in real terms of unfunded commitments of the Research Account means the value of those commitments calculated with reference to the changes in the Consumer Price Index, as published by the Australian Statistician from time to time, during the period beginning on the day of the commencement of the Coal Research Assistance Amendment Act 1992 and ending at the time a determination is made under section 8D.
8F Compensation for acquisition of property 1

If the operation of section 8, 8A, 8B or 8D involves the acquisition of property from a person otherwise than on just terms, the Commonwealth must pay to the person such reasonable compensation:

 a

as is agreed between the person and the Commonwealth; or

 b

failing agreement—as is determined by a court of competent jurisdiction.

 2

In assessing compensation payable in proceedings under this section, any damages or compensation recovered or other remedy given in proceedings begun otherwise than under this section and arising out of the same transaction must be taken into account.

 3

In this section:

acquisition of property and just terms have the same meanings as in paragraph 51(xxxi) of the Constitution.
10 Regulations 1

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, making provision for and in relation to the conduct of the business of, and the convening and conduct of meetings of a committee appointed under subsection 7(1).

 2

Regulations may be made to prescribe:

 a

the method by which assets and liabilities are to be transferred to the Commonwealth under section 8D; and

 b

the method by which unfunded commitments are to be transferred to the Commonwealth under section 8E; and

 c

any other matter necessary for the purposes of, or in relation to, the transfer to the Commonwealth of responsibility in relation to research following a determination made by the Minister under section 8D.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

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

Legislation history and amendment history—Endnotes 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Coal Research Assistance Act 1977 135, 1977
Coal Industry Legislation Amendment Act 1982 25, 1982 6 May 1982 6 May 1982 —
Coal Research Assistance Amendment Act 1992 64, 1992 26 June 1992 —
Statute Law Revision Act 1996 43, 1996 Schedule 4 (items 1, 51): Royal Assent —
Statute Law Revision Act 2008 73, 2008 3 July 2008 Schedule 4 (items 148–156): 4 July 2008 —
Statute Law Revision Act 2013 103, 2013 29 June 2013 Schedule 3 (items 67, 68, 343): Royal Assent Sch. 3 (item 343)
Statute Law Revision Act (No. 1) 2014 31, 2014 27 May 2014 Sch 4 (item 94): 24 June 2014 —

Endnote 4—Amendment history
Provision affected How affected How affected
Title Title am. No. 64, 1992
s. 3 s. 3 am. No. 64, 1992; No 31, 2014
s. 5 s. 5 am. No. 25, 1982
rs. No. 64, 1992
s. 5A s. 5A ad. No. 64, 1992
s. 6 s. 6 am. No. 64, 1992; No. 73, 2008
s. 7 s. 7 am. No. 43, 1996; No. 73, 2008
s. 8 s. 8 rs. No. 64, 1992
s. 8A s. 8A ad. No. 64, 1992
s. 8B s. 8B ad. No. 64, 1992
am. No. 103, 2013
s. 8C s. 8C ad. No. 64, 1992
s. 8D s. 8D ad. No. 64, 1992
s. 8E s. 8E ad. No. 64, 1992
s. 8F s. 8F ad. No. 64, 1992
s. 9 s. 9 rep. No. 64, 1992
s. 10 s. 10 am. No. 64, 1992

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]