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Australian Research Council (Consequential and Transitional Provisions) Bill 2001
Schedule 2 Transitional provisions

   

1  Definitions

In this Schedule:

commencement means the commencement of this Schedule.

new Act means the Australian Research Council Act 2000 .

new ARC means the body established by section 5 of the new Act.

old ARC means the body established by section 23 of the old EET Act.

old ARC-administered scheme means a research scheme in relation to which a reference under paragraph 27(1)(a) of the old EET Act was in force immediately before the commencement.

old EET Act means the Employment, Education and Training Act 1988 as in force immediately before the commencement.

old HEF Act means the Higher Education Funding Act 1988 as in force immediately before the commencement.

2  Matters referred to old ARC by Minister

If, before the commencement, the Minister referred a matter to the old ARC under paragraph 27(1)(b) of the old EET Act and the old ARC had not finished dealing with that reference by the commencement, the new ARC is to continue dealing with that reference after the commencement as if it were a request for advice in relation to the matter under subsection 6(2) of the new Act.

3  Continued effect of Ministerial directions and guidelines

A direction or guideline in force under subsection 29(1) of the old EET Act immediately before the commencement has effect after the commencement as if it were a direction under subsection 7(1) of the new Act.

4  Continued effect of funding approvals given in relation to old ARC-administered schemes

If, in relation to an old ARC-administered scheme, an approval under subsection 23(1) or (1A) of the old HEF Act was in force immediately before the commencement in respect of a year to which Division 1 of Part 7 of the new Act applies, that approval has effect after the commencement as if it were an approval under section 51 of the new Act that was made in accordance with the requirements of that Act.

5  Continued effect of funding recommendations made in relation to old ARC-administered schemes

(1)       If:

                     (a)  in relation to an old ARC-administered scheme, the old ARC made a recommendation to the Minister before the commencement in relation to whether a particular approval under subsection 23(1) or (1A) of the old HEF Act should be given in respect of a year to which Division 1 of Part 7 of the new Act applies; and

                     (b)  the Minister has not given the approval, or refused to give the approval, before the commencement;

the Minister must deal with the recommendation after the commencement as if the old HEF Act (and instruments made under it) were still in force.

(2)       If, after the commencement, the Minister decides to give the approval, that approval has effect as if it were an approval under section 51 of the new Act that was made in accordance with the requirements of that Act.

6  Funding rules for 2001

(1)       If, in relation to an old ARC-administered scheme, guidelines developed by the old ARC and approved by the Minister for the year 2001 (whether those guidelines also cover a later year or years) were in force immediately before the commencement, those guidelines have effect after the commencement as if they were funding rules made by the Board and approved by the Minister under and in accordance with Subdivision D of Division 1 of Part 7 of the new Act.

(2)       Subsection 59(1) does not apply to require the new ARC to make guidelines under that section for the year 2001.

7  Funding split determination for 2001

The Minister’s obligation under section 50 of the new Act applies in relation to the year 2001 as if subsection (2) of that section required the determination for that year to be made as soon as practicable after the start of that year.

8  Final report on operations of old ARC

(1)       The first report under section 46 of the new Act must include a report on the operations of the old ARC during the period:

                     (a)  starting at the beginning of the financial year after the last financial year for which a report has been given to the Minister under subsection 30(1) of the old EET Act; and

                     (b)  ending on the commencement.

(2)       The report required by subitem (1) must include the information that would have been required for that period by subsections 30(1) and (2) of the old EET Act.

9  References in other Commonwealth laws to kinds of institution defined in the old EET Act

If a law of the Commonwealth in force immediately before the commencement refers to a kind of institution and defines that kind of institution by reference to a definition in the Employment, Education and Training Act 1988 , then, despite its repeal, Part 1 of that Act is taken to continue in force after the commencement for the purposes of that law of the Commonwealth.