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Australian Research Council Bill 2001

Part 2 Establishment and functions of the Australian Research Council

   

5   Establishment of the ARC

             (1)  The Australian Research Council is established by this section.

             (2)  The ARC consists of:

                     (a)  the Board (which includes the CEO); and

                     (b)  the committees referred to in section 30; and

                     (c)  the staff referred to in section 41.

6   The functions of the ARC

             (1)  The ARC has the following functions:

                     (a)  the function of making recommendations to the Minister under section 52 in relation to which proposals should be approved as deserving financial assistance under Division 1 of Part 7; and

                     (b)  the function of administering the regimes of financial assistance provided for in Divisions 1 and 2 of Part 7; and

                     (c)  the function of providing advice to the Minister on research matters as requested under subsection (2); and

                     (d)  such other functions as are conferred on the ARC by the other provisions of this Act and by any other Act.

             (2)  The Minister may, in writing, request the ARC to provide the Minister with advice about a particular matter related to research.

             (3)  The ARC must comply with a request under subsection (2) for advice. The advice must be in writing.

             (4)  Particulars of any requests made by the Minister under subsection (2) in a financial year must be included in the annual report for the ARC for the financial year.

7   Ministerial directions about performance of ARC’s functions

             (1)  Subject to subsection (2), the Minister may, by written notice given to the Chair, give directions to the Board about the performance of the ARC’s functions.

             (2)  The Minister is not entitled to direct the ARC (or the Board) to recommend that a particular proposal should, or should not, be approved as deserving financial assistance under Division 1 of Part 7.

             (3)  Particulars of any directions given by the Minister under this section in a financial year must be included in the annual report for the ARC for the financial year.

             (4)  The Board must ensure that a direction given under this section is complied with.