{"id":"C1972A00055","name":"Australian Institute of Marine Science Act 1972","slug":"australian-institute-of-marine-science-act-1972","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"55 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2345,"registerId":"C2016C01009","compilationNumber":"18","startDate":"2016-10-21","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (item 51) of the [Statute Update Act 2016](/C2016A00061)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update Act 2016","year":2016,"number":61,"titleId":"C2016A00061","provisions":"sch 1 (item 51)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2016-10-28T17:12:59.853Z"},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Institute of Marine Science Act 1972","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Australian Institute of Marine Science Act 1972\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nAustralian Institute of Marine Science Act 1972\n\nNo. 55, 1972\n\nCompilation No. 18\n\nCompilation date:    21 October 2016\n\nIncludes amendments up to: Act No. 61, 2016\n\nRegistered:    28 October 2016\n\n \n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Australian Institute of Marine Science Act 1972 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf-repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\nPart I—Preliminary\n\n1 Short title\n\n2 Commencement\n\n4 Repeal\n\n5 Interpretation\n\n6 Application of Act outside Australia\n\nPart II—Australian Institute of Marine Science\n\n7 The Institute\n\n9 Functions of Institute\n\n10 Powers of Institute\n\nPart III—Council of the Institute\n\n10A Interpretation\n\n11 Institute to be governed by Council\n\n12 Constitution of Council\n\n13 Leave of absence\n\n14 Resignation of members\n\n15 Termination of appointment\n\n16 Vacation of office\n\n17 Acting members\n\n19 Fees and allowances\n\n20 Meetings of Council\n\n20A Chief Executive Officer not to take part in certain deliberations of Council\n\nPart IV—Chief Executive Officer of the Institute\n\n21 Chief Executive Officer of Institute\n\n22 Tenure of office\n\n23 Functions of Chief Executive Officer\n\n24 Remuneration and allowances of Chief Executive Officer\n\n25 Leave of absence\n\n26 Resignation\n\n27 Termination of appointment\n\n29 Chief Executive Officer not to undertake any other work\n\n30 Acting Chief Executive Officer\n\nPart V—Staff\n\n33 Appointment of officers\n\n34 Terms and conditions of appointment of officers\n\n35 Temporary and casual employees\n\nPart VI—Finance\n\n36 Moneys payable to Institute\n\n38 Application of moneys\n\n42A Borrowing from Commonwealth\n\n42B Borrowing from persons other than the Commonwealth\n\n42C Guarantee of borrowings by Institute\n\n42D Borrowing not otherwise permitted\n\n42E Institute may give security\n\n43 Exemption from taxation\n\nPart VII—Miscellaneous\n\n45 Committees\n\n46 Application of the Air Accidents (Commonwealth Government Liability) Act 1963\n\n48 Inventions etc. of officers and employees\n\n49 Bonuses for discoveries by officers and employees\n\n50 Fees and agreements for investigations\n\n50A Delegation of powers by Finance Minister\n\n50B Delegation by the Institute\n\n50C Delegation by the Council\n\n50D Delegation and subdelegation by the Chief Executive Officer\n\n50E Corporate plans\n\n51 Regulations\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\nAn Act relating to the Australian Institute of Marine Science\n\nPart I—Preliminary\n\n \n\n1  Short title\n\n  This Act may be cited as the Australian Institute of Marine Science Act 1972.\n\n2  Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.\n\n4  Repeal\n\n  The Australian Institute of Marine Science Act 1970 is repealed.\n\n5  Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\nActing Chief Executive Officer means an acting Chief Executive Officer of the Institute appointed under section 30.\n\nacting member means an acting Chairperson, Acting Chief Executive Officer or other acting member appointed under section 17.\n\napplication and use means:\n\n (a) marine application and use; or\n\n (b) non‑marine application and use.\n\nappointed includes re‑appointed, and re‑appointment has a corresponding meaning.\n\nassociated 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.\n\nborrowing 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.\n\nFinance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\nhire includes charter.\n\ninstitution includes any university or other body, whether corporate or unincorporate.\n\nmember means a member of the Council, and includes the Chairperson and the Chief Executive Officer.\n\nthe Chairperson means the Chairperson of the Council.\n\nthe Chief Executive Officer means the Chief Executive Officer of the Institute appointed under section 21.\n\nthe Council means the Council of the Institute.\n\nthe Institute means the Australian Institute of Marine Science referred to in section 7.\n\nvessel includes ship, boat or other craft.\n\n6  Application of Act outside Australia\n\n  The Institute is not limited, in the performance of its functions and the exercise of its powers, to Australia and the territorial waters of Australia and this Act applies both within and outside Australia and extends to all the external Territories.\n\nPart II—Australian Institute of Marine Science\n\n \n\n7  The Institute\n\n (1) Notwithstanding the repeal effected by section 4, the institute established by the Australian Institute of Marine Science Act 1970 under the name of the Australian Institute of Marine Science is continued in existence by this Act under that name.\n\n (2) The Institute:\n\n (a) is a body corporate;\n\n (b) shall have a seal;\n\n (c) may acquire, hold and dispose of real and personal property; and\n\n (d) may sue and be sued.\n\nNote: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.\n\n (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.\n\n9  Functions of Institute\n\n (1) The functions of the Institute are:\n\n (a) to carry out research and development in relation to:\n\n (i) marine science and marine technology; and\n\n (ii) the application and use of marine science and marine technology; and\n\n (b) to encourage and facilitate the application and use of the results of research and development of that kind; and\n\n (c) to arrange for carrying out research and development of that kind; and\n\n (d) to co‑operate with other institutions and persons in carrying out research and development of that kind; and\n\n (e) to provide any other institution or person with facilities for carrying out research and development of that kind; and\n\n (f) to collect and disseminate information relating to:\n\n (i) marine science and marine technology; and\n\n (ii) the application and use of marine science and marine technology;\n\n  and, in particular, to publish reports and other papers; and\n\n (g) to produce, acquire, provide and sell goods, and to provide services, in connection with:\n\n (i) marine science and marine technology; and\n\n (ii) the application and use of marine science and marine technology; and\n\n (h) to make available to other persons, on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Institute; and\n\n (i) to do anything incidental or conducive to the performance of any of the functions in paragraphs (a) to (h).\n\n (2) The Institute may perform its functions 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:\n\n (a) in so far as it is appropriate for its functions to be performed by the Institute on behalf of the Government of the Commonwealth as the national Government; or\n\n (b) for the purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Institute to perform functions; or\n\n (c) by way of expenditure or money that is available for the purposes of the Institute in accordance with an appropriation made by the Parliament; or\n\n (d) in the course of, and in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or\n\n (e) for purposes related to external affairs; or\n\n (f) for purposes in relation to a Territory; or\n\n (g) for purposes in relation to quarantine; or\n\n (h) for purposes in relation to fisheries in Australian waters beyond territorial limits; or\n\n (i) for purposes in relation to telecommunications.\n\n (3) In this section:\n\ncommunications includes any communication whether:\n\n (a) between persons and persons, things and things or persons and things; and\n\n (b) in the form of speech, music or other sounds; and\n\n (c) in the form of data; and\n\n (d) in the form of text; and\n\n (e) in the form of visual images (animated or otherwise); and\n\n (f) in the form of signals; and\n\n (g) in any other form; and\n\n (h) in any combination of forms.\n\ntelecommunications means the carriage of communications by means of guided and/or unguided electromagnetic energy.\n\n10  Powers of Institute\n\n (1) Subject to any directions of the Minister, whether general or with respect to a particular matter, the Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n\n (2) Without limiting the generality of subsection (1), the powers of the Institute referred in that subsection include power:\n\n (a) to enter into contracts;\n\n (b) to acquire, hold and dispose of personal property;\n\n (ba) to take on hire, or to accept on loan, equipment (including vessels) or other goods needed for the purposes of the Institute;\n\n (bb) to lend or to hire out equipment (including vessels) or other goods that are the property of the Institute;\n\n (c) to purchase or take on lease land or buildings, and to erect buildings, necessary for the purposes of the Institute;\n\n (d) to dispose of, or grant leases of, land or buildings vested in the Institute;\n\n (e) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n\n (f) to participate in partnerships, trusts, unincorporated joint ventures and other arrangements for sharing profits;\n\n (g) to subscribe for and to purchase shares in, and debentures and other securities of, companies;\n\n (h) to form, and to participate in the formation of, companies;\n\n (ha) to lend money to associated companies of the Institute;\n\n (hb) with the written approval of the Finance Minister, to provide guarantees for the benefit of associated companies of the Institute;\n\n (i) to appoint agents and attorneys, and to act as agents for other persons;\n\n (j) to accept anything given or transmitted to the Institute whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n\n (k) to arrange for displaying material and giving lectures, to the public or otherwise, about:\n\n (i) marine science and marine technology; and\n\n (ii) the application and use of marine science and marine technology.\n\n (3) Notwithstanding anything contained in this Act, any money or property held by the Institute upon trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n (4) The Governor‑General may make available, for the purposes of the Institute, any land or buildings owned or held under lease by the Commonwealth.\n\nPart III—Council of the Institute\n\n \n\n10A  Interpretation\n\n  In this Part, a reference to a member or an acting member does not, except in subsections 20(5) and (6), include a reference to the Chief Executive Officer or an Acting Chief Executive Officer.\n\n11  Institute to be governed by Council\n\n  The Institute shall be governed by a council to be known as the Council of the Institute of Marine Science.\n\n12  Constitution of Council\n\n (1) The Council shall consist of:\n\n (a) a Chairperson; and\n\n (b) the Chief Executive Officer; and\n\n (ba) a member nominated by James Cook University; and\n\n (c) 4 other members.\n\n (2) The members shall be appointed by the Governor‑General.\n\n (3) At least 3 members shall be persons possessing scientific qualifications.\n\n (4) Subject to this Act, each member holds office for such period, not exceeding 5 years, as is specified in the instrument of the member’s appointment and on such terms and conditions as the Governor‑General determines, but is eligible for re‑appointment.\n\n (5) An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.\n\n13  Leave of absence\n\n  The Minister may grant leave of absence to a member upon such terms and conditions as the Minister determines.\n\n14  Resignation of members\n\n  A member may resign from office by writing signed by the member and delivered to the Governor‑General.\n\n15  Termination of appointment\n\n  The Governor‑General may terminate the appointment of a member for misbehaviour or physical or mental incapacity.\n\n16  Vacation of office\n\n (1) If a member:\n\n (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n\n (b) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Council; or\n\n (d) is covered by subsection (2);\n\nthe Governor‑General shall, by notice published in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.\n\nNote: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n (2) A member is covered by this subsection if:\n\n (a) the member is appointed under paragraph 12(1)(ba) on the basis of a nomination by James Cook University; and\n\n (b) the University notifies the Minister in writing that the nomination is withdrawn.\n\n17  Acting members\n\n (1) In the event of an inability, whether on account of illness or otherwise, of the Chairperson to attend meetings of the Council, the Minister may appoint a person to be the acting Chairperson of the Council during that inability and, while so acting, the person has all the powers and functions of the Chairperson and, when attending a meeting of the Council, shall be deemed to be the Chairperson.\n\n (2) In the event of the inability, whether on account of illness or otherwise, of a member, other than the Chairperson, to attend meetings of the Council, the Minister may appoint a person to be an acting member of the Council during that inability, and while so acting, the person has all the powers and functions of a member, other than the Chairperson, of the Council and, when attending a meeting of the Council, shall be deemed to be a member, other than the Chairperson, of the Council.\n\n (3) An appointment under this section may be terminated at any time by the Minister.\n\n19  Fees and allowances\n\n (1) A member or acting member shall be paid such fees as are determined by the Remuneration Tribunal.\n\n (2) A member or acting member shall be paid such allowances as are prescribed.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n20  Meetings of Council\n\n (1) The Council shall hold such meetings as are necessary for the performance of its functions.\n\n (2) The Chairperson may, at any time, convene a meeting of the Council and shall, if so directed by the Minister, convene a meeting of the Council.\n\n (3) The Chairperson shall preside at all meetings of the Council at which he or she is present.\n\n (4) In the absence of both the Chairperson and the acting Chairperson from a meeting of the Council, the members present shall appoint one of their number to preside at the meeting.\n\n (5) At a meeting of the Council, a quorum is constituted by not less than 4 members.\n\n (6) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the members present.\n\n (7) The member presiding at a meeting of the Council has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.\n\n20A  Chief Executive Officer not to take part in certain deliberations of Council\n\n  The Chief Executive Officer:\n\n (a) shall not take part in any deliberation or decision of the Council with respect to him or her; and\n\n (b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.\n\nPart IV—Chief Executive Officer of the Institute\n\n \n\n21  Chief Executive Officer of Institute\n\n  There shall be a Chief Executive Officer of the Institute, who shall be appointed by the Council.\n\n22  Tenure of office\n\n  Subject to this Act, the Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment and on such terms and conditions as the Council determines, but is eligible for re‑appointment.\n\n23  Functions of Chief Executive Officer\n\n  Subject to the general direction of the Council, the Chief Executive Officer shall manage the affairs of the Institute.\n\n24  Remuneration and allowances of Chief Executive Officer\n\n (1) The Chief Executive Officer shall be paid such remuneration as is determined by the Remuneration Tribunal.\n\n (2) The Chief Executive Officer shall be paid such allowances as are prescribed.\n\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n25  Leave of absence\n\n (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n\n (2) The Council may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines.\n\n26  Resignation\n\n  The Chief Executive Officer may resign from office by writing signed by the Chief Executive Officer and delivered to the Council.\n\n27  Termination of appointment\n\n (1) The Council may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.\n\n (2) The Council may terminate the appointment of the Chief Executive Officer if:\n\n (a) the Chief Executive Officer becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or\n\n (b) the Chief Executive Officer is absent, except on leave of absence granted by the Council, from 3 consecutive meetings of the Council; or\n\n (c) the Chief Executive Officer is absent from duty, except on leave of absence granted by the Council, for 14 consecutive days or for 28 days in any 12 months; or\n\n (e) the Council is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.\n\nNote: The appointment of the Chief Executive Officer may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n29  Chief Executive Officer not to undertake any other work\n\n (1) The Chief Executive Officer shall not engage in paid employment outside the duties of his or her office except with the approval of the Council.\n\n (2) The Council shall not give an approval for the purposes of subsection (1) unless satisfied that the paid employment will not interfere with the performance of the duties of the Chief Executive Officer under this Act.\n\n30  Acting Chief Executive Officer\n\n  The Council may appoint a person to act in the office of Chief Executive Officer:\n\n (a) during a vacancy in the office; or\n\n (b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.\n\nNote: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\nPart V—Staff\n\n \n\n33  Appointment of officers\n\n (1) The Council may appoint such officers of the Institute as it thinks necessary for the purposes of this Act.\n\n34  Terms and conditions of appointment of officers\n\n  Officers are not subject to the Public Service Act 1999 but hold office on such terms and conditions as are determined by the Council.\n\n35  Temporary and casual employees\n\n (1) The Council may employ such temporary or casual employees of the Institute as the Council thinks necessary for the purposes of this Act.\n\n (4) The terms and conditions of employment of employees shall be such as are determined by the Council.\n\nPart VI—Finance\n\n \n\n36  Moneys payable to Institute\n\n (1) There are payable to the Institute such moneys as are appropriated by the Parliament for the purposes of the Institute.\n\n (2) The Finance Minister may give directions as to the amounts in which and the times at which, moneys referred to in subsection (1) are to be paid to the Institute.\n\n38  Application of moneys\n\n (1) The moneys of the Institute shall be applied only:\n\n (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\n\n (b) in payment of any remuneration (including fees) and allowances payable under this Act; and\n\n (c) in making any other payments which the Institute is authorised or required to make under this Act or any other law.\n\n (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n42A  Borrowing from Commonwealth\n\n  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.\n\n42B  Borrowing from persons other than the Commonwealth\n\n (1) The Institute may, with the Finance Minister’s written approval, borrow money from persons other than the Commonwealth on terms and conditions specified in, or consistent with, the approval.\n\n (2) Money may be borrowed wholly or partly in foreign currency.\n\n42C  Guarantee of borrowings by Institute\n\n (1) The Finance Minister may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by the Institute of obligations incurred by it under section 42B.\n\n (2) If the Finance Minister determines in writing that obligations incurred by the Institute under section 42B are guaranteed by the Commonwealth, the obligations become so guaranteed.\n\n (3) A contract under subsection (1) may include:\n\n (a) a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or\n\n (b) a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.\n\n42D  Borrowing not otherwise permitted\n\n  The Institute must not borrow money except under section 42A or 42B.\n\n42E  Institute may give security\n\n  The Institute may give security over the whole or part of its assets for:\n\n (a) the performance by the Institute of any obligation incurred under section 42A or 42B; or\n\n (b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 42C.\n\n43  Exemption from taxation\n\n (1) The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n (2) Stamp duty or a similar tax under a law of the Commonwealth or of a State or Territory is not payable by the Institute or any other person in respect of:\n\n (a) a transaction done for the purposes of a borrowing by the Institute; or\n\n (b) a document executed by or on behalf of the Institute for the purposes of a borrowing by the Institute.\n\nPart VII—Miscellaneous\n\n \n\n45  Committees\n\n (1) The Minister may, at the request of the Council, appoint a Committee to assist the Council in relation to a matter specified in the request.\n\n (2) A Committee appointed under this section shall consist of such persons, whether members of the Council or not, as the Council with the approval of the Minister thinks fit.\n\n (2A) A member of a Committee shall be paid such remuneration by way of fees as is determined by the Remuneration Tribunal and such allowances as are prescribed.\n\n (2B) Subsection (2A) has effect subject to the Remuneration Tribunal Act 1973.\n\n (3) A member of a Committee shall hold office on such terms and conditions as the Council with the approval of the Minister determines.\n\n (4) A Committee shall make such enquiries, and furnish to the Council such reports, in connexion with the matter in relation to which it has been appointed as the Council directs.\n\n46  Application of the Air Accidents (Commonwealth Government Liability) Act 1963\n\n  The Institute is a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Government Liability) Act 1963.\n\n48  Inventions etc. of officers and employees\n\n (1) Any discovery, invention or improvement of or in any process, apparatus or machine made by an officer or employee of the Institute in the course of his or her official duties is the property of the Institute and may be made available by the Institute on such conditions and on payment of such fees or royalties, or otherwise, as the Institute, determines.\n\n (2) An officer or employee of the Institute shall not, except with the consent in writing of the Council, make application for a patent for an invention that is made by him or her in the course of his or her official duties or that relates to any matter or work connected with his or her official duties.\n\n49  Bonuses for discoveries by officers and employees\n\n  The Council may pay to officers and employees, or to persons working on behalf of the Institute, such bonuses as the Council, determines in respect of useful discoveries or inventions made by those officers, employees or persons.\n\n50  Fees and agreements for investigations\n\n  The Council may charge such fees, and may agree to such conditions, as it thinks fit for investigations carried out by the Institute at the request of any person.\n\n50A  Delegation of powers by Finance Minister\n\n (1) The Finance Minister may, by written instrument, delegate to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act) the power:\n\n (a) to approve the provision of guarantees as mentioned in paragraph 10(2)(hb); or\n\n (b) to approve the borrowing of money on terms and conditions specified in, or consistent with, the approval as mentioned in subsection 42B(1); or\n\n (c) to enter into contracts as mentioned in subsection 42C(1); or\n\n (d) to make determinations as mentioned in subsection 42C(2).\n\n (2) In exercising power under a delegation, the official must comply with any directions of the Finance Minister.\n\n50B  Delegation by the Institute\n\n (1) The Institute may, in writing under its seal, delegate all or any of its powers or functions under this Act to:\n\n (a) a Council member; or\n\n (b) the Chief Executive Officer.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Institute.\n\n50C  Delegation by the Council\n\n (1) The Council may, in writing, delegate all or any of its powers or functions under this Act to:\n\n (a) a Council member; or\n\n (b) the Chief Executive Officer.\n\n (2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Council.\n\n50D  Delegation and subdelegation by the Chief Executive Officer\n\n (1) The Chief Executive Officer may, in writing, delegate to an officer or employee of the Institute any of the Chief Executive Officer’s powers or functions under this Act.\n\n (2) If the Institute or the Council delegates a power or function under subsection 50B(1) or 50C(1) to the Chief Executive Officer, the Chief Executive Officer may, in writing, subdelegate the power or function to an officer or employee of the Institute.\n\n (3) In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Chief Executive Officer.\n\n (4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.\n\n50E  Corporate plans\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Council.\n\n51  Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, providing for penalties not exceeding a fine of 1 penalty unit for offences against the regulations.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n \n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- | --- |\n| Australian Institute of Marine Science Act 1972 | 55, 1972 | 9 June 1972 | 1 July 1972 (see Gazette 1972, No. 53, p. 5) |  |\n| Australian Institute of Marine Science Act 1973 | 61, 1973 | 18 June 1973 | 18 June 1973 | — |\n| Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | ss. 9(1) and 10 |\n| Administrative Changes (Consequential Provisions) Act 1978 | 36, 1978 | 12 June 1978 | 12 June 1978 | s. 8 |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 | 65, 1985 | 5 June 1985 | s. 3: 3 July 1985 (a) | s. 6 |\n| Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 | 76, 1986 | 24 June 1986 | s. 3: Royal Assent (b) | s. 9 |\n| Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 | 168, 1986 | 18 Dec 1986 | s. 3: Royal Assent (c) | s. 5(1) |\n| as amended by |  |  |  |  |\n| Statute Law (Miscellaneous Provisions) Act 1987 | 141, 1987 | 18 Dec 1987 | s. 3: Royal Assent (d) | s. 5(1) |\n| Industrial Relations Legislation Amendment Act 1991 | 122, 1991 | 27 June 1991 | ss. 4(1), 10(b) and 15–20: 1 Dec 1988  ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332)  Remainder: Royal Assent | s. 31(2) |\n| Prime Minister and Cabinet Legislation Amendment Act 1991 | 199, 1991 | 18 Dec 1991 | 18 Dec 1991 | — |\n| Industry, Technology and Commerce Legislation Amendment Act 1992 | 168, 1992 | 11 Dec 1992 | Part 5 (ss. 14, 15): 30 July 1975  Remainder: Royal Assent | — |\n| Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Schedule 4 (items 28–30): Royal Assent (e) | — |\n| Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Schedule 2 (items 338–346): 1 Jan 1998 (see Gazette 1997, No. GN49) (f) | — |\n| Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 198, 199): 5 Dec 1999 (see Gazette 1999, No. S584) (g) | — |\n| Corporate Law Economic Reform Program Act 1999 | 156, 1999 | 24 Nov 1999 | Schedule 10 (items 38, 39): 13 Mar 2000 (see Gazette 2000, No. S114) (h) | — |\n| Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | 29 Oct 2001 | Sch. 1 (item 97) |\n| Research Agencies Legislation Amendment Act 2002 | 98, 2002 | 10 Nov 2002 | 10 Nov 2002 | Sch. 1 (item 11) |\n| Australian Institute of Marine Science Amendment Act 2005 | 54, 2005 | 25 May 2005 | 25 May 2005 | — |\n| Financial Framework Legislation Amendment Act (No. 1) 2006 | 30, 2006 | 6 Apr 2006 | Schedule 3 (item 2): 7 Apr 2006 | — |\n| Governance Review Implementation (Science Research Agencies) Act 2007 | 84, 2007 | 21 June 2007 | Schedules 1–3: 10 Sept 2007 (see F2007L03555)  Remainder: Royal Assent | Sch. 1 (item 12) |\n| Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Schedule 2 (items 179–183) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) |\n| Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 1 (items 18, 19): Royal Assent | — |\n| Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 7 (items 284–292) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |\n| as amended by |  |  |  |  |\n| Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |\n| as amended by |  |  |  |  |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |\n| Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |\n| Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (item 51): 21 Oct 2016 (s 2(1) item 1) | — |\n\n\n \n\n(a) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:\n\n (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.\n\n(b) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:\n\n (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.\n\n(c) The Australian Institute of Marine Science Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows:\n\n (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.\n\n(d) The Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(29) of which provides as follows:\n\n (29) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the day on which the first‑mentioned Act received the Royal Assent.\n\n(e) The Australian Institute of Marine Science Act 1972 was amended by Schedule 4 (items 28–30) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:\n\n (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.\n\n(f) The Australian Institute of Marine Science Act 1972 was amended by Schedule 2 (items 338–346) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:\n\n (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997,\n\n(g) The Australian Institute of Marine Science Act 1972 was amended by Schedule 1 (items 198 and 199) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:\n\n (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.\n\n (2) Subject to this section, this Act commences at the commencing time.\n\n(h) The Australian Institute of Marine Science Act 1972 was amended by Schedule 10 (items 38 and 39) only of the Corporate Law Economic Reform Program Act 1999, subsection 2(2)(c) of which provides as follows:\n\n (2) The following provisions commence on a day or days to be fixed by Proclamation:\n\n (c) the items in Schedules 10, 11 and 12.\n\n \n\nEndnote 4—Amendment history\n\n \n\n- Provision affected How affected\n- Part I\n- s. 3..................... rep. No. 216, 1973\n- s. 5..................... am. Nos. 76 and 168, 1986; No. 168, 1992; No. 152, 1997; No. 98, 2002; No. 54, 2005; No 62, 2014\n- s. 6..................... am. No. 216, 1973\n- Part II\n- s. 7..................... am. No. 76, 1986; No 62, 2014\n- Note to s. 7(2) ............. ad. No. 152, 1997\n- rs No 62, 2014\n- s. 8..................... rep. No. 61, 1973\n- s. 9..................... rs. No. 168, 1992\n- am. No. 98, 2002\n- s. 10.................... am. No. 76, 1986; No. 168, 1992; No. 98, 2002\n- s. 10AA................. ad. No. 168, 1992\n- rep. No. 152, 1997\n- Part III\n- s. 10A................... ad. No. 168, 1986\n- am. No. 98, 2002; No. 54, 2005\n- s. 12.................... am. Nos. 76 and 168, 1986; No. 54, 2005\n- s. 14.................... rs. No. 76, 1986\n- s. 16.................... am. Nos. 76 and 168, 1986; No. 152, 1997; No. 156, 1999; No. 54, 2005; No 62, 2014\n- Note to s 16(1)............. ad No 62, 2014\n- s. 17.................... am. No. 168, 1986\n- s. 18.................... rs. Nos. 76 and 168, 1986\n- rep. No. 152, 1997\n- s. 19.................... rs. No. 76, 1986\n- am. No. 43, 1996\n- s. 20.................... am. No. 76, 1986; No. 168, 1986 (as am. by No. 141, 1987)\n- Heading to s. 20A........... am. No. 54, 2005\n- s. 20A................... ad. No. 168, 1986\n- am. No. 54, 2005; No. 84, 2007\n- Part IV\n- Heading to Part IV.......... rs. No. 54, 2005\n- Heading to s. 21............ am. No. 54, 2005\n- s. 21.................... am. No. 54, 2005; No. 84, 2007\n- s. 22.................... am. No. 76, 1986; No. 159, 2001; No. 54, 2005; No. 84, 2007\n- Heading to s. 23............ am. No. 54, 2005\n- s. 23.................... am. No. 54, 2005\n- Heading to s. 24............ am. No. 54, 2005\n- s. 24.................... rs. No. 76, 1986\n- am. No. 43, 1996; No. 54, 2005\n- s. 25.................... rs. No. 122, 1991\n- am. No. 146, 1999; No. 54, 2005; No. 84, 2007\n- s. 26.................... rs. No. 76, 1986\n- am. No. 54, 2005; No. 84, 2007\n- s. 27.................... am. No. 54, 2005\n- rs. No. 84, 2007\n- am No 62, 2014\n- Note to s 27(2)............. ad No 62, 2014\n- Heading to s. 28............ am. No. 54, 2005\n- rep. No. 84, 2007\n- s. 28.................... am. Nos. 76 and 168, 1986; No. 122, 1991; No. 152, 1997; No. 156, 1999; No. 54, 2005\n- rep. No. 84, 2007\n- Heading to s. 29............ am. No. 54, 2005\n- s. 29.................... am. No. 76, 1986; No. 54, 2005; No. 84, 2007\n- Heading to s. 30............ am. No. 54, 2005\n- s. 30.................... rs. No. 65, 1985\n- am. No. 159, 2001; No. 54, 2005; No. 84, 2007; No. 46, 2011\n- Note to s. 30............... ad. No. 46, 2011\n- s. 31.................... am. No. 76, 1986\n- rep. No. 98, 2002\n- s. 32.................... rep. No. 76, 1986\n- Part V\n- s. 33.................... am. No. 65, 1985; No. 76, 1986; No. 98, 2002\n- s. 34.................... am. No. 76, 1986; No. 199, 1991; No. 146, 1999\n- s. 35.................... am. No. 76, 1986; No. 199, 1991; No. 98, 2002\n- Part VI\n- s. 36.................... am. No. 36, 1978; No. 76, 1986; No. 98, 2002\n- s. 37.................... rs. No. 76, 1986\n- rep. No. 152, 1997\n- s. 38.................... am. No. 36, 1978; No. 76, 1986; No. 152, 1997; No. 98, 2002; No 62, 2014\n- s. 39.................... rep. No. 76, 1986\n- s. 40.................... rs. No. 76, 1986\n- rep. No. 152, 1997\n- s. 41.................... rep. No. 76, 1986\n- s. 42.................... am. No. 76, 1986; No. 98, 2002\n- rep. No. 84, 2007\n- ss. 42A–42E............... ad. No. 98, 2002\n- s. 43.................... am. No. 216, 1973; No. 98, 2002\n- s. 44.................... am. No. 36, 1978\n- rep. No. 76, 1986\n- Part VII\n- s. 45.................... am. No. 76, 1986; No. 43, 1996\n- Heading to s. 46............ rs. No. 103, 2013\n- s. 46.................... rs. No. 76, 1986\n- am. No. 103, 2013\n- s. 47.................... am. No. 216, 1973\n- rep. No. 65, 1985\n- s. 48.................... am. No. 76, 1986; No. 98, 2002\n- s. 49.................... am. No. 98, 2002\n- s. 50A................... ad. No. 30, 2006\n- am No 62, 2014\n- s 50B................... ad No 62, 2014\n- s 50C................... ad No 62, 2014\n- s 50D................... ad No 62, 2014\n- s 50E................... ad No 62, 2014\n- s. 51.................... am. No. 76, 1986; No 61, 2016\n- The Schedule.............. rep. No. 98, 2002\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s present scope departs from a narrow original creation of a research body by adding explicit commercial and financial instruments and governance interactions. The text now authorises the Institute to form and participate in companies, lend to associated companies and lend or hire out equipment (s.10(2)(g),(h),(ha),(bb)); it includes a structured borrowing regime permitting loans from the Commonwealth or from others with Finance Minister approval, and Commonwealth guarantees (ss.42A–42C), together with power to grant security over Institute assets (s.42E). The Institute is expressly linked to the Public Governance, Performance and Accountability Act 2013 (note to s.7(2)) while retaining an exemption for one corporate plan requirement (s.50E). These additions expand the Institute’s operational and commercial remit, introduce contingent fiscal exposures managed through Finance Minister approvals (ss.42A–42C, 50A), and shift IP returns to the Institute (s.48), altering the balance between public control and commercial activity relative to a basic research‑only body."},"complexity_factors":["Multiple institutional actors with distinct powers and checks: Governor‑General appoints Council (s.12), Council appoints CEO (s.21) and staff (s.33), Minister may direct Institute (s.10(1)), Finance Minister controls borrowing/guarantees and may delegate (ss.42A–42C, 50A).","Layered delegation chains and subdelegation rules across Institute, Council and CEO creating multiple administrative steps (ss.50B–50D).","Detailed finance regime that both permits and constrains borrowing (only under ss.42A or 42B) and allows Commonwealth guarantees and security over assets (ss.42A–42E), increasing legal/financial structuring complexity.","Cross‑references and interplay with the Public Governance, Performance and Accountability Act 2013 (note to s.7(2); s.50E) that modify reporting and accountability obligations.","Ownership and control of employee inventions and restrictions on employee patenting subject to Council consent (s.48) which imposes compliance and contractual implications for staff.","Multiple commercial powers (forming companies, lending to associated companies, selling services) that interact with tax exemption (s.43), creating potential competitive and regulatory complexity.","Extensive amendment and historical layering visible in the endnotes and amendment history (Endnotes 3–4), meaning the Act’s present scope is the product of successive changes."],"plain_english_summary":"What this law does (mechanically)\n\n- Creates and continues the Australian Institute of Marine Science (the Institute) as a corporate entity with a seal, property, and legal capacity (s.7).\n- Sets out the Institute’s core tasks: carry out marine science and marine technology research and development, encourage and facilitate application of R&D, arrange and cooperate in research, provide facilities, collect and publish information, and produce or sell goods and services connected to its work (s.9(1)(a)–(i)).\n- Gives the Institute broad operational powers to do what is necessary for its functions, subject to any Ministerial directions (s.10(1)–(2)). Those powers include contracting, holding and disposing of property, leasing, forming or subscribing to companies, lending to associated companies (s.10(2)(f)–(h),(ha)), and lending or hiring out Institute equipment (s.10(2)(ba),(bb)).\n- Establishes governance: a Council governs the Institute (ss.11–12). The Council includes a Chairperson, the Chief Executive Officer (CEO), a member nominated by James Cook University, and other appointed members (s.12). The Governor‑General appoints members (s.12(2)).\n- Provides for a Chief Executive Officer appointed by the Council who manages the Institute subject to Council direction (ss.21–23). The CEO’s terms, limits on outside paid work and acting appointments are specified (ss.22, 29–30).\n- Allows the Council to appoint officers and employees on terms it determines; Institute staff are not subject to the Public Service Act (ss.33–35).\n- Sets out finance arrangements: Parliamentary appropriations are payable to the Institute and the Finance Minister can direct timing and amounts (s.36). Institute moneys must be applied to Institute costs, pay staff and other authorised payments (s.38).\n- Limits borrowing to specified mechanisms: loans from the Commonwealth (Finance Minister) (s.42A) or from others with the Finance Minister’s written approval (s.42B). The Finance Minister may guarantee Institute borrowings (s.42C). The Institute may give security over assets for those borrowings (s.42E). The Institute may not borrow outside these provisions (s.42D).\n- Gives the Institute an exemption from Commonwealth, State and Territory taxation and stamp duties in connection with borrowings (s.43).\n- Provides that discoveries, inventions or improvements made by officers or employees in the course of duty are the property of the Institute; employees generally must not apply for patents for such inventions without Council consent (s.48). The Council may pay bonuses for useful discoveries (s.49).\n- Allows the Institute to charge fees and set conditions for investigations it conducts for others (s.50).\n- Sets out delegation routes: the Finance Minister may delegate certain finance/guarantee powers (s.50A); the Institute, the Council and the CEO may delegate powers internally subject to directions (ss.50B–50D). The Council’s corporate plan is excepted from one PGPA Act requirement (s.50E). The Governor‑General may make regulations (s.51).\n\nWho is affected and who decides\n\n- Who pays: Parliament provides appropriations to the Institute (s.36(1)). The Institute can also earn revenue by selling goods and services, charging fees (s.9(1)(g),(h); s.50). The Institute may borrow on the Commonwealth’s authority or with the Finance Minister’s written approval (ss.42A–42B), and may receive Commonwealth guarantees (s.42C).\n- Who decides: the Governor‑General appoints Council members (s.12(2)); the Minister may give directions to the Institute (s.10(1)); the Council appoints the CEO and staff and sets terms and conditions (ss.21, 33–35); the Finance Minister controls key borrowing and guarantee approvals and can delegate those powers (ss.42A–42C, 50A).\n- Behaviour changes required: employees must assign, or forfeit direct patenting rights to, inventions made in the course of duty unless the Council consents (s.48); the Institute may act commercially (sell goods/services, form companies, lend to associated companies) subject to Ministerial and Finance approvals (s.9; s.10(2)(g),(h),(ha); ss.42A–42C). The Council controls remuneration and employment terms for officers (ss.24, 34).\n\nWhy it matters (official purpose-claims and testing them against trade-offs)\n\n- The Act’s stated mechanical purpose is to establish and enable a body that performs marine science R&D and encourages application and use of its results (s.9(1)(a)–(i)). That purpose implies public investment in research capacity and a role for the Institute in transferring knowledge to external users.\n\n- Costs and who bears them: Parliamentary appropriations and any Commonwealth guarantees entail fiscal cost and contingent Commonwealth liabilities (ss.36, 42A, 42C). Private borrowers or commercial users pay fees where the Institute charges for services (s.50). Tax exemption (s.43) reduces the Institute’s tax burden relative to taxed private entities.\n\n- Incentives and potential trade-offs: the Institute is authorised to commercialise outputs and to participate in or form companies and to lend to associated companies (s.10(2)(g),(h),(ha)). Those powers can create incentives to convert research into revenue streams. At the same time, the Finance Minister’s control over outside borrowing and guarantees (ss.42B–42C; s.50A) places central constraints on financial risk transferred to the Commonwealth.\n\n- Opportunity costs and substitution effects: by selling services and entering partnerships (s.9(1)(g),(h); s.10(2)(f)), the Institute may compete with private research providers for contracts or commercial opportunities; the Act gives it commercial tools and tax exemptions (s.43) that change relative costs. The text does not quantify market effects but provides mechanisms that enable them.\n\n- Compliance burden and administrative discretion: the Council has broad discretion over employment terms (s.34), may delegate powers widely (ss.50B–50D), and the Minister and Finance Minister hold specific directional and approval powers (s.10(1); ss.42A–42C, 50A). These provisions concentrate decision points in political and executive offices and the Council, creating implementation steps (approvals, directions) for certain actions.\n\n- Intellectual property and staff incentives: inventions made in the course of official duties vest in the Institute (s.48(1)), and employees need Council consent to seek patents (s.48(2)). That assigns IP value to the Institute, which supports centralised commercialisation but changes the private upside employees might otherwise have.\n\n- Implementation risk: the interplay between Ministerial directions (s.10(1)), Finance Minister approvals (ss.42A–42C), Council delegations (ss.50B–50D) and the application of the Public Governance, Performance and Accountability Act 2013 (note to s.7(2)) creates several administrative checkpoints that must be coordinated for borrowing, guarantees, corporate arrangements and delegations.\n\nKey, concise takeaways\n\n- The Act establishes AIMS as a corporately constituted research agency with express commercial powers to sell services, form or invest in companies, and manage inventions arising from staff work (s.7; s.9; s.10; s.48).\n- Funding comes from Parliament but the Institute may earn revenue and borrow subject to Finance Minister approval; the Commonwealth can guarantee borrowings (ss.36; 42A–42C). The Institute is exempt from taxation (s.43).\n- Governance decisions are concentrated in the Council (appointed by the Governor‑General) and the CEO (appointed by the Council); the Minister and Finance Minister retain specific direction and approval powers (ss.10; 12; 21; 42A–42C; 50A).\n\nRelevant provisions cited: s.7 (corporate existence); s.9 (functions); s.10 (powers and Ministerial directions); ss.11–20 (Council); ss.21–30 (CEO); ss.33–35 (staff); ss.36, 38 (finance); ss.42A–42E (borrowing and security); s.43 (tax exemption); ss.48–50 (IP, bonuses, fees); ss.50A–50D (delegations); s.50E (corporate plan exemption); s.51 (regulations)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing a marine science research institute. While amended 20+ times since 1972, these changes have been housekeeping updates (updating financial management frameworks, removing compulsory retirement ages, modernising governance language) rather than expansion into new policy areas. The core functions in section 9 remain substantially unchanged from the original 1972 intent."},"complexity_factors":["Straightforward structure with 7 Parts covering establishment, governance, staffing, and finance","16 defined terms in the interpretation section (section 5), most being standard administrative terms","Minimal cross-referencing to other Acts—primarily the Public Governance, Performance and Accountability Act 2013 for financial management","Clear conditional logic with standard governance provisions (quorum rules, termination grounds, delegation chains)","Some complexity added by constitutional limitations in section 9(2) (specifying which legislative powers support the Institute's functions)","Multiple delegation provisions (sections 50A-50D) creating a chain from Finance Minister → Institute → Council → CEO → staff"],"plain_english_summary":"This legislation establishes and governs the **Australian Institute of Marine Science (AIMS)**, a national research organisation focused on marine science and technology.\n\n**What it does:**\n- **Creates AIMS as an independent body** with its own legal identity (a \"body corporate\"), allowing it to own property, enter contracts, and sue or be sued.\n- **Sets its mission:** To conduct research and development in marine science and technology, encourage practical applications of that research, collaborate with universities and other institutions, and share knowledge through publications and commercial services.\n- **Establishes governance:** AIMS is run by a **Council** (a board of directors) comprising a Chairperson, the Chief Executive Officer, a nominee from James Cook University, and four other members—at least three of whom must have scientific qualifications. The Council appoints and oversees the CEO.\n- **Provides financial powers:** AIMS receives government funding but can also borrow money (with ministerial approval), charge fees for research services, form companies, and commercialise its intellectual property.\n- **Covers staff and operations:** The CEO manages day-to-day operations and appoints staff who are not part of the regular public service. The Act also deals with inventions made by staff (which belong to AIMS) and allows bonuses for useful discoveries.\n\n**Who it affects:**\n- Marine scientists, researchers, and partner institutions working with AIMS\n- The Australian public (through access to marine research and environmental protection)\n- Commercial partners licensing AIMS technology or hiring its services\n\n**Why it matters:**\nThis Act ensures Australia has a dedicated, independent scientific institution to study and protect its vast marine environments—from the Great Barrier Reef to open oceans—while allowing it to operate flexibly like a modern research organisation rather than a rigid government department."}},"importantCases":[],"_links":{"self":"/api/acts/australian-institute-of-marine-science-act-1972","history":"/api/acts/australian-institute-of-marine-science-act-1972/history","analysis":"/api/acts/australian-institute-of-marine-science-act-1972/analysis","conflicts":"/api/acts/australian-institute-of-marine-science-act-1972/conflicts","importantCases":"/api/acts/australian-institute-of-marine-science-act-1972/important-cases","documents":"/api/acts/australian-institute-of-marine-science-act-1972/documents"}}