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Governance Review Implementation (Science Research Agencies) Bill 2007

Schedule 3 Science and Industry Research Act 1949


1  Section 7


Deputy Chairperson means the Deputy Chairperson of the Board.

2  Section 7 (definition of member )

After “Chairperson”, insert “, the Deputy Chairperson”.

3  Subsections 8(2), (3) and (4)

Repeal the subsections, substitute:

             (2)  The Organisation:

                     (a)  is a body corporate with perpetual succession; and

                     (b)  must have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property; and

                     (d)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers.

             (3)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the Organisation’s seal appearing on a document; and

                     (b)  presume that the document was duly sealed.

             (4)  The seal of the Organisation must be kept in such custody as the Board directs and must not be used except as authorised by the Board.

4  Paragraph 9AA(1)(b)

Repeal the paragraph, substitute:

                     (b)  form, or participate in the formation of, a partnership or company;

5  Paragraph 9AA(1)(c)

After “improvement”, insert “that is”.

6  Paragraph 9AA(1)(d)

Omit “Minister”, substitute “Board”.

7  Subsection 9A(1)

Omit “Subject to the approval of the Minister and subject to any regulations that are applicable, the”, substitute “The”.

8  Subsection 9A(1A)

Repeal the subsection.

9  Subsection 10B(1)

Omit “Governor-General”, substitute “Board”.

10  Subsection 10B(2)

Repeal the subsection, substitute:

             (2)  The Board must consult with the Minister before appointing a person as Chief Executive.

11  Subsection 10B(4)

Omit “Minister”, substitute “Board”.

12  Subsection 10C(2)

Omit “Minister” (wherever occurring), substitute “Board”.

13  Section 10D

Omit “Governor-General”, substitute “Board”.

14  Subsection 10E(1)

Omit “Governor-General”, substitute “Board”.

15  Paragraph 10E(2)(d)

Omit “Minister”, substitute “Board”.

16  Paragraph 10E(2)(e)

Omit “Minister”, substitute “Board”.

17  Subsection 10E(2)

Omit “Governor-General”, substitute “Board”.

18  At the end of section 10E


             (3)  The Board may terminate the appointment of the Chief Executive if the Board is satisfied that the performance of the Chief Executive has been unsatisfactory for a significant period.

             (4)  The Board must consult with the Minister before terminating the appointment of the Chief Executive.

19  Section 10F

Omit “Minister”, substitute “Board”.

20  Subsections 10G(1), (4), (6) and (7)

Omit “Minister”, substitute “Board”.

21  Section 12

Before “The”, insert “(1)”.

22  At the end of section 12


             (2)  The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

23  Subsection 14A(4)

After “Chairperson of the Board”, insert “and another of the part-time members to be the Deputy Chairperson of the Board”.

24  Subsection 14A(5)

After “appointed as Chairperson”, insert “or as Deputy Chairperson”.

25  Paragraph 14A(5)(a)

After “Chairperson”, insert “or as Deputy Chairperson”.

26  Paragraph 14A(5)(b)

After “Chairperson”, insert “or of Deputy Chairperson”.

27  Paragraph 14A(5)(c)

After “Chairperson”, insert “or Deputy Chairperson”.

28  Paragraph 14A(5)(d)

After “Chairperson”, insert “or of Deputy Chairperson”.

29  Paragraph 14A(7)(b)

Omit “or in the office of Chief Executive”, substitute “, of Deputy Chairperson or of Chief Executive”.

30  Subsection 14A(7)(note)

After “Chairperson”, insert “and the Deputy Chairperson”.

31  Subsection 15(5)

Repeal the subsection, substitute:

             (5)  If the Chairperson is not present at a meeting of the Board:

                     (a)  the Deputy Chairperson must preside at the meeting; or

                     (b)  if the Deputy Chairperson is not present at the meeting—the members present must elect one of their number to preside at the meeting.

32  After section 15


15A   Chief Executive not to take part in certain deliberations of Board

                   The Chief Executive:

                     (a)  must not take part in any deliberation or decision of the Board with respect to him or her; and

                     (b)  is to be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.

33  Subsection 17(1)

After “Chairperson” (wherever occurring), insert “and the Deputy Chairperson”.

Note:       The heading to section 17 is altered by inserting “ and Deputy Chairperson ” after “ Chairperson ”.

34  Subsection 17(2)

After “Chairperson”, insert “and the Deputy Chairperson”.

35  Subsection 19(4)

After “Chairperson”, insert “or the Deputy Chairperson”.

36  At the end of Part III


22A   Delegation by Board

             (1)  The Board may, by resolution, delegate to an eligible person, or to a committee of eligible persons, all or any of the Board’s powers under this Act or the regulations.

             (2)  A delegate is, in the exercise of a power so delegated, subject to the directions of the Board.

             (3)  If the Board delegates a power to a committee of eligible persons, the Board:

                     (a)  must appoint one of the members of the committee to be the Chairperson of the committee; and

                     (b)  may determine the procedure to be followed in relation to meetings of the committee, including matters with respect to the following:

                              (i)  the convening of meetings of the committee;

                             (ii)  the number of members of the committee who are to constitute a quorum;

                            (iii)  the selection of a member of the committee to preside at meetings of the committee at which the Chairperson of the committee is not present;

                            (iv)  the manner in which questions arising at a meeting of the committee are to be decided.

             (4)  In this section:

eligible person means:

                     (a)  a member of the Board, other than the Chief Executive; or

                     (b)  an officer of the Organisation who is concerned in, or takes part in, the management of the Organisation;

but does not include a person who is a member of the Consultative Council established under section 56.

37  Section 50

Repeal the section.

38  Application of amendments—Chief Executive

(1)       The amendments and repeals made by this Schedule apply to a person appointed after commencement as Chief Executive.

(2)       The instrument of appointment of the current Chief Executive continues in effect after commencement, despite the amendments and repeals made by this Schedule.

(3)       Subject to subitem (4), the old Act continues to apply, in relation to the current Chief Executive, as if the amendments and repeals made by this Schedule had not happened.

(4)       Subsection 10C(2) of the Science and Industry Research Act 1949 , as amended by this Schedule, has effect after commencement in relation to the current Chief Executive.

(5)       In this item:

commencement means the commencement of this item.

current Chief Executive means the person who, immediately before commencement, held the office of Chief Executive of the Organisation under section 10A of the old Act.

old Act means the Science and Industry Research Act 1949 , as in force immediately before commencement.