Compilation #0 | Effective 2002-11-10
FRBR Work URI: /akn/au/act/2002/98
Schedule 2—Amendment of the Australian Nuclear Science and Technology Organisation Act 1987 11
Research Agencies Legislation Amendment Act 2002
No. 98, 2002
An Act to amend legislation relating to the Australian Institute of Marine Science and the Australian Nuclear Science and Technology Organisation, and for other purposes
[Assented to 10 November 2002]
The Parliament of Australia enacts:
This Act may be cited as the Research Agencies Legislation Amendment Act 2002.
This Act commences on the day on which it receives the Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Australian Institute of Marine Science Act 1972
1 Section 5
Insert:
application and use means:
(a) marine application and use; or
(b) non-marine application and use.
2 Paragraph 9(1)(a)
Repeal the paragraph, substitute:
(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
3 Paragraph 9(1)(f)
Repeal the paragraph, substitute:
(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
4 Paragraph 9(1)(g)
Repeal the paragraph, substitute:
(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
5 Paragraph 9(1)(h)
Omit “and facilities”, substitute “, facilities, resources and property”.
6 Subsection 9(2)
Omit “only”, substitute “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”.
7 Paragraph 9(2)(f)
Omit “Territory.”, substitute “Territory; or”.
8 At the end of subsection 9(2)
Add:
(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.
9 At the end of section 9
Add:
12 Section 5
Insert:
associated company, in relation to the Institute, 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.
13 Section 5
Insert:
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.
14 Section 5
Insert:
Finance Minister means the Minister administering the Commonwealth Authorities and Companies Act 1997.
15 After paragraph 10(2)(h)
Insert:
(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;
16 Subsection 36(2)
Omit “Minister for Finance”, substitute “Finance Minister”.
17 Paragraph 38(1)(a)
Repeal the paragraph, substitute:
(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
18 Paragraph 38(1)(b)
Omit “this Act.”, substitute “this Act; and”.
19 At the end of subsection 38(1)
Add:
(c) in making any other payments which the Institute is authorised or required to make under this Act or any other law.
20 Section 42
Omit “exceeding $100,000.”, substitute:
exceeding:
(a) $1 million; or
(b) if a higher amount is specified in the regulations—that higher amount.
21 After section 42
Insert:
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
23 Section 10A
Omit “section 18 and”.
24 Section 31
Repeal the section.
25 Subsection 33(1)
Omit “Subject to this Part, the”, substitute “The”.
26 Subsection 33(2)
Repeal the subsection.
27 Subsection 35(1)
Omit “Subject to this Part, the”, substitute “The”.
28 Subsection 35(3)
Repeal the subsection.
29 Subsection 48(1)
Omit “, with the approval of the Minister”.
30 Section 49
Omit “, with the approval of the Minister”.
31 The Schedule
Repeal the Schedule.
Schedule 2—Amendment of the Australian Nuclear Science and Technology Organisation Act 1987
1 Subsection 3(1)
Insert:
application and use means:
(a) nuclear application and use; or
(b) non-nuclear application and use.
2 At the end of subparagraph 5(1)(a)(i)
Add “and”.
3 After subparagraph 5(1)(a)(i)
Insert:
(ia) the application and use of nuclear science and nuclear technology; and
4 At the end of paragraph 5(1)(a)
Add “and”.
5 Paragraph 5(1)(b)
Omit “utilisation”, substitute “use”.
6 At the end of paragraphs 5(1)(b) and (ba)
Add “and”.
7 Paragraph 5(1)(c)
Omit “provide and sell goods (whether produced by the Organisation or purchased or otherwise acquired by the Organisation) and services”, substitute “produce, acquire, provide and sell goods, and to provide services, that are”.
8 After subparagraph 5(1)(c)(ia)
Insert:
(ib) in connection with nuclear science and nuclear technology; or
(ic) in connection with the application and use of nuclear science and nuclear technology; or
9 At the end of paragraphs 5(1)(c) and (d)
Add “and”.
10 Paragraph 5(1)(e)
Repeal the paragraph, substitute:
(e) to provide advice on aspects of:
(i) nuclear science and nuclear technology; and
(ii) the application and use of nuclear science and nuclear technology; and
(iii) other matters related to its activities; and
11 Paragraph 5(1)(ea)
Omit “and facilities” (first occurring), substitute “, facilities, resources and property”.
12 Subparagraph 5(1)(ea)(iii)
After “land”, insert “, buildings”.
13 At the end of paragraphs 5(1)(ea), (f), (g), (h) and (j)
Add “and”.
14 At the end of section 6
Add:
16 Section 31
Omit “exceeding $5,000,000.”, substitute:
exceeding:
(a) $5 million; or
(b) if a higher amount is specified in the regulations—that higher amount.
(83/02)
[Minister’s second reading speech made in—
House of Representatives on 21 March 2002
Senate on 19 August 2002]