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Australian Institute of Marine Science Amendment Bill 2004

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2002-2003-2004

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL 2004

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Science the Hon Peter McGauran MP)

 

 



 

 

AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT BILL 2004

 

 

OUTLINE

 

 

This Bill will amend the Australian Institute of Marine Science Act 1972 to:

 

·          Expand the Council of the Institute of Marine Science (the Governing body of the Institute) from 6 to 7 members, the additional part-time member being nominated by James Cook University (JCU).  This amendment encourages closer collaboration between the Institute and JCU, a formal aspect of this affiliation being a joint venture know as AIMS@JCU.

 

·          Change the title of the principal executive officer of the Institute from ‘Director’ to ‘Chief Executive’.  The title update for the principal executive officer will bring the Institute into line with current terminology and also with that used by other science agencies, for example, Commonwealth Scientific and Industrial Research Organisation and Australian Nuclear Science & Technology Organisation.

 

 

FINANCIAL IMPACT

 

The Bill, in adding a member to the Council of the Institute of Marine Science (AIMS), leads to AIMS funding an additional part-time remuneration payment.  The payment will be made in accordance with Remuneration Tribunal rulings and advice from the Department of Finance and Administration.

 

There will be no impact on the Australian Government’s appropriation funding for AIMS.

 

 

 

 

 



AUSTRALIAN INSTITUTE OF MARINE SCIENCE AMENDMENT 2004

 

 

 

NOTES ON CLAUSES

 

 

Clause 1 - Short title

 

Provides for the Act to be cited as the Australian Institute of Marine Science Amendment Act 2004 .

 

 

Clause 2 - Commencement

 

Provides for the Act to commence on the day on which it receives the Royal Assent.

 

 

Clause 3 - Schedule(s)

 

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

 

 



Schedule 1 - Amendments

 

Part 1 - Representation by James Cook University

 

Australian Institute of Marine Science Act 1972

 

Part 1 amends the constitution of the Council of the Australian Institute of Marine Science to reflect the formal affiliation of the Australian Institute of Marine Science with James Cook University.

 

 

Item 1

 

Section 12 specifies the constitution of the Council.  Item 1 inserts a new paragraph 12(1)(ba) which expands the Council to include a member nominated by James Cook University.

 

 

Items 2-3

 

Technical amendments to the wording of paragraphs 16(a) and 16(c) to reflect the amendments made by items 4 and 5.

 

 

Item 4

 

Section 16 provides circumstances in which the Governor-General shall declare that the office of a Council member is vacant.  Item 4 has the effect of providing that the Governor-General shall declare that the office of a member is vacant where the member is covered by proposed subsection 16(2) inserted by item 5.

 

 

Item 5

 

Adds a new subsection 16(2) which has the effect of providing that the Governor-General shall declare that the office of a member is vacant if the member is appointed under the proposed paragraph 12(1)(ba) and James Cook University notifies the Minister in writing that the nomination is withdrawn.

 

 

 

 

 



Part 2—Chief Executive of the Australian Institute of Marine Science

 

Australian Institute of Marine Science Act 1972

 

Part 2 amends the Act to replace the title of Director of the Australian Institute of Marine Science with that of Chief Executive in line with the titles of principal executive officers of other research agencies.

 

Items 6 -11

 

Amend subsection 5(1) to repeal the definitions of Acting Director and Director, insert definitions of Acting Chief Executive and Chief Executive and amend the definitions of acting member and member to reflect the change of title of the Director to Chief Executive. 

 

 

Items 12 and 14-33

 

Replace references to “Director” in section 10A, paragraph 12(1)(b), sections 20A and 21, subsection 22(1), section 23, subsections 24(1) and (2) and 25(1) and (2), sections 26-28, subsections 29(1) and (2), 30(1) and (3), paragraph 30(4)(a) and subsections 30(6) and (7), and various headings with “Chief Executive”

 

 

Item 13

 

Minor technical amendment to the wording of paragraph 12(1)(a) (dealing with the constitution of the Council of the Institute) as a result of the other amendments made by this Part.