{"id":"C1949A00013","name":"Science and Industry Research Act 1949","slug":"science-and-industry-research-act-1949","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"13 of 1949","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":975,"registerId":"C2022C00256","compilationNumber":"15","startDate":"2022-09-14","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 57, 58) of the [Climate Change (Consequential Amendments) Act 2022](/C2022A00038)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Climate Change (Consequential Amendments) Act 2022","year":2022,"number":38,"titleId":"C2022A00038","provisions":"sch 1 (items 57, 58)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2022-09-21T16:20:28.553Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Science and Industry Research Act 1949.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation","content":"#### 7 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> advisory committee means an advisory committee established under subsection 24(1).\n\n> appoint includes re‑appoint.\n\n> Board means the Board of the Organisation.\n\n> Chairperson means the Chairperson of the Board.\n\n> Chief Executive means the Chief Executive of the Organisation.\n\n> corporate plan means a corporate plan prepared by the members under section 35 of the Public Governance, Performance and Accountability Act 2013.\n\n> Deputy Chairperson means the Deputy Chairperson of the Board.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> member means a member of the Board and includes the Chairperson, the Deputy Chairperson and the Chief Executive.\n\n> officer means an officer of the Organisation.\n\n> Organisation means the Commonwealth Scientific and Industrial Research Organisation established under this Act.\n\n> Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.\n\n> Note: The Agreement is in Australian Treaty Series 2016 No. 24 (\\[2016\\] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> part‑time member means a member of the Board other than the Chief Executive.\n\n> science includes technology.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"The Commonwealth Scientific and Industrial Research Organisation","content":"## Part II—The Commonwealth Scientific and Industrial Research Organisation","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Commonwealth Scientific and Industrial Research Organisation","content":"#### 8 Commonwealth Scientific and Industrial Research Organisation\n\n  (1) There shall be a Commonwealth Scientific and Industrial Research Organisation.\n  (2) The Organisation:\n    (a) is a body corporate with perpetual succession; and\n    (b) must have a seal; and\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Organisation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially must:\n    (a) take judicial notice of the imprint of the Organisation’s seal appearing on a document; and\n    (b) presume that the document was duly sealed.\n  (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.","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Functions of the Organisation","content":"#### 9 Functions of the Organisation\n\n  (1) The functions of the Organisation are:\n    (a) to carry out scientific research for any of the following purposes:\n    (i) assisting Australian industry;\n    (ii) furthering the interests of the Australian community;\n    (iii) contributing to the achievement of Australian national objectives or the performance of the national and international responsibilities of the Commonwealth;\n    (iiia) contributing to giving effect to Australia’s obligations under the Paris Agreement;\n    (iv) any other purpose determined by the Minister;\n    (b) to encourage or facilitate the application or utilization of the results of such research;\n    (ba) to encourage or facilitate the application or utilisation of the results of any other scientific research;\n    (bb) to carry out services, and make available facilities, in relation to science;\n    (c) to act as a means of liaison between Australia and other countries in matters connected with scientific research;\n    (d) to train, and to assist in the training of, research workers in the field of science and to co‑operate with tertiary‑education institutions in relation to education in that field;\n    (e) to establish and award fellowships and studentships for research, and to make grants in aid of research, for a purpose referred to in paragraph (a);\n    (f) to recognize associations of persons engaged in industry for the purpose of carrying out industrial scientific research and to co‑operate with, and make grants to, such associations;\n    (h) to collect, interpret and disseminate information relating to scientific and technical matters; and\n    (j) to publish scientific and technical reports, periodicals and papers.\n  (2) The Organisation shall:\n    (a) treat the functions referred to in paragraphs (1)(a) and (b) as its primary functions; and\n    (b) treat the other functions referred to in subsection (1) as its secondary functions.","sortOrder":6},{"sectionNumber":"9AA","sectionType":"section","heading":"Powers of the Organisation","content":"#### 9AA Powers of the Organisation\n\n  (1) The Organisation has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may:\n    (a) arrange for scientific research or other work to be undertaken, on behalf of the Organisation, by any person or body;\n    (b) form, or participate in the formation of, a partnership or company;\n    (c) make available to a person, on such conditions and on payment of such fees or royalties, or otherwise, as the Chief Executive determines, a discovery, invention or improvement that is the property of the Organisation;\n    (d) pay to officers, or to persons undertaking work on behalf of the Organisation, such bonuses as the Chief Executive, with the approval of the Board, determines in respect of discoveries or inventions made by them; and\n    (e) charge such fees, and agree to such conditions, as the Chief Executive determines for research and other services carried out, or facilities made available, by the Organisation at the request of any person.","sortOrder":7},{"sectionNumber":"9A","sectionType":"section","heading":"Organisation may accept gifts etc. and act as trustee","content":"#### 9A Organisation may accept gifts etc. and act as trustee\n\n  (1) The Organisation may, in or in connection with the performance of its functions and the exercise of its powers:\n    (a) accept money or other property given, devised, bequeathed, assigned or otherwise made available to the Organisation (whether on trust or otherwise); and\n    (b) agree to any conditions subject to which money or other property is given, devised, bequeathed, assigned or otherwise made available to the Organisation; and\n    (c) act as trustee of money or other property vested in the Organisation upon trust.\n  (2) Notwithstanding anything contained in this Act, where the Organisation has agreed to any conditions subject to which moneys have, or other property has, been given, devised, bequeathed, assigned or otherwise made available to the Organisation or the Organisation holds any moneys or other property upon trust, the moneys or other property shall be dealt with by the Organisation in accordance with those conditions or in accordance with the powers and duties of the Organisation as trustee, as the case may be.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Co‑operation with other organizations","content":"#### 10 Co‑operation with other organizations\n\n  The Organisation shall, as far as possible, co‑operate with other organizations and authorities in the co‑ordination of scientific research, with a view to:\n    (a) the prevention of unnecessary overlapping; and\n    (b) the most effective use of available facilities and staffs.","sortOrder":9},{"sectionNumber":"Part IIA","sectionType":"part","heading":"The Chief Executive of the Organisation","content":"## Part IIA—The Chief Executive of the Organisation","sortOrder":10},{"sectionNumber":"10A","sectionType":"section","heading":"Chief Executive of the Organisation","content":"#### 10A Chief Executive of the Organisation\n\n  (1) There shall be a Chief Executive of the Organisation.\n  (2) The affairs of the Organisation shall, subject to subsection (3), be conducted by the Chief Executive.\n  (3) The Chief Executive shall, in conducting any of the affairs of the Organisation and in exercising any powers conferred on the Chief Executive by this Act or the regulations or by the Science and Industry Endowment Act 1926, act in accordance with any policies determined, and any directions given, by the Board.\n  (4) All acts and things done in the name of, or on behalf of, the Organisation by or with the authority of the Chief Executive shall be deemed to have been done by the Organisation.","sortOrder":11},{"sectionNumber":"10B","sectionType":"section","heading":"Appointment of Chief Executive etc.","content":"#### 10B Appointment of Chief Executive etc.\n\n  (1) The Chief Executive shall be appointed by the Board and, subject to this Act, holds office on a full‑time basis for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n  (2) The Board must consult with the Minister before appointing a person as Chief Executive.\n  (4) The Chief Executive holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Board.","sortOrder":12},{"sectionNumber":"10C","sectionType":"section","heading":"Leave of absence","content":"#### 10C Leave of absence\n\n  (1) The Chief Executive has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Board may grant the Chief Executive leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines.","sortOrder":13},{"sectionNumber":"10D","sectionType":"section","heading":"Resignation","content":"#### 10D Resignation\n\n  The Chief Executive may resign the office of Chief Executive by writing signed by the Chief Executive and delivered to the Board.","sortOrder":14},{"sectionNumber":"10E","sectionType":"section","heading":"Termination of appointment","content":"#### 10E Termination of appointment\n\n  (1) The Board may terminate the appointment of the Chief Executive for misbehaviour or physical or mental incapacity.\n  (2) If the Chief Executive:\n    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n    (b) fails, without reasonable excuse, to comply with section 10F; or\n    (c) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or\n    (d) is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board; or\n    (e) engages in paid employment outside the duties of the office of Chief Executive without the consent of the Board;\n  the Board may terminate the appointment of the Chief Executive.\n\n> Note: The appointment of the Chief Executive 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  (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.\n  (4) The Board must consult with the Minister before terminating the appointment of the Chief Executive.","sortOrder":15},{"sectionNumber":"10F","sectionType":"section","heading":"Disclosure of interests","content":"#### 10F Disclosure of interests\n\n  (1) The Chief Executive shall give written notice to the Board of all direct or indirect pecuniary interests that the Chief Executive has or may have in any business or in any body corporate carrying on a business.\n  (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).","sortOrder":16},{"sectionNumber":"10G","sectionType":"section","heading":"Acting Chief Executive","content":"#### 10G Acting Chief Executive\n\n  The Board may appoint a person to act in the office of Chief Executive:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or\n    (b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":17},{"sectionNumber":"10H","sectionType":"section","heading":"Remuneration of Chief Executive","content":"#### 10H Remuneration of Chief Executive\n\n  (1) The Chief Executive shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, the Chief Executive shall be paid such remuneration as is prescribed.\n  (2) The Chief Executive shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":18},{"sectionNumber":"10J","sectionType":"section","heading":"Delegation","content":"#### 10J Delegation\n\n  (1) The Chief Executive may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive, delegate to an eligible person, or to a committee of eligible persons, all or any of the Chief Executive’s powers under this Act or the regulations, other than this power of delegation.\n  (2) The Chief Executive shall not delegate a power under subsection (1) except with the approval of the Board.\n  (3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Chief Executive.\n  (4) A delegate is, in the exercise of a power so delegated, subject to the directions of the Chief Executive.\n  (5) Where the Chief Executive delegates a power to a committee of persons, the Chief Executive:\n    (a) shall appoint one of the members of the committee to be the Chairperson of the committee; and\n    (b) may determine the procedure to be followed in relation to meetings of the committee, including matters with respect to:\n    (i) the convening of meetings of the committee;\n    (ii) the number of members of the committee who are to constitute a quorum;\n    (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; and\n    (iv) the manner in which questions arising at a meeting of the committee are to be decided.\n  (6) A delegation under this section does not prevent the exercise of a power by the Chief Executive.\n  (7) In this section, eligible person means:\n    (a) an officer; or\n    (b) a director or employee of a company where:\n    (i) the company and the Organisation are partners in a partnership; or\n    (ii) the Organisation holds a controlling interest in the company.","sortOrder":19},{"sectionNumber":"Part III","sectionType":"part","heading":"The Board of the Organisation","content":"## Part III—The Board of the Organisation","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Establishment of Board","content":"#### 11 Establishment of Board\n\n  There is established a Board of the Organisation.","sortOrder":21},{"sectionNumber":"12","sectionType":"section","heading":"Functions of Board","content":"#### 12 Functions of Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper and efficient performance of the functions of the Organisation;\n    (b) to determine the policy of the Organisation with respect to any matter;\n    (c) to give directions to the Chief Executive under subsection 10A(3); and\n    (d) such other functions as are conferred on it by this Act.\n  (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.","sortOrder":22},{"sectionNumber":"13","sectionType":"section","heading":"Directions and guidelines given by Minister","content":"#### 13 Directions and guidelines given by Minister\n\n  (1) The Minister may give to the Board, in writing, directions and guidelines with respect to the performance of the functions, or the exercise of the powers, of the Board or of the Organisation, and the Board shall ensure that any directions or guidelines so given are complied with.\n  (2) The power of the Minister to give a direction or guideline to the Board under subsection (1) in relation to an act or thing may be exercised notwithstanding that the doing of the act or thing (whether by the Board or the Chief Executive) is subject to the approval of the Minister or of another person.\n  (3) Nothing in section 14 limits the generality of subsection (1) of this section.","sortOrder":23},{"sectionNumber":"14A","sectionType":"section","heading":"Constitution of Board","content":"#### 14A Constitution of Board\n\n  (1) The Board shall consist of:\n    (a) the Chief Executive; and\n    (b) not fewer than 7 and not more than 9 other members.\n  (2) The members of the Board other than the Chief Executive hold office on a part‑time basis.\n  (3) The part‑time members shall be appointed by the Governor‑General.\n  (4) The Governor‑General shall appoint one of the part‑time members to be the Chairperson of the Board and another of the part‑time members to be the Deputy Chairperson of the Board.\n  (5) A part‑time member appointed as Chairperson or as Deputy Chairperson:\n    (a) subject to paragraph (c), holds office as Chairperson or as Deputy Chairperson until the end of his or her term of office as a part‑time member;\n    (b) may resign the office of Chairperson or of Deputy Chairperson by writing signed by the part‑time member and delivered to the Governor‑General;\n    (c) ceases to be Chairperson or Deputy Chairperson if he or she ceases to be a part‑time member; and\n    (d) ceases to be a part‑time member if he or she resigns the office of Chairperson or of Deputy Chairperson.\n  (7) The performance of a function, or the exercise of a power, by the Board is not affected by reason only of:\n    (a) the number of part‑time members falling below 7 for a period of not more than 6 months; or\n    (b) there being a vacancy in the office of Chairperson, of Deputy Chairperson or of Chief Executive.\n\n> Note: For the manner in which the Chairperson and the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Meetings","content":"#### 15 Meetings\n\n  (1) The Board shall hold such meetings as are necessary for the performance of its functions.\n  (2) The Chairperson may, at any time, convene a meeting of the Board, and shall do so if so directed by the Minister.\n  (3) At a meeting, a quorum is constituted:\n    (a) where the Board consists of 9 or 10 members—by 5 members; or\n    (b) in any other case—by 4 members.\n  (4) The Chairperson shall preside at all meetings at which he or she is present.\n  (5) If the Chairperson is not present at a meeting of the Board:\n    (a) the Deputy Chairperson must preside at the meeting; or\n    (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.\n  (6) A question arising at a meeting shall be decided by a majority of the votes of members present and voting.\n  (7) At a meeting, the Chairperson or other member presiding has a deliberative vote and, in the event of votes being equal, also has a casting vote.","sortOrder":25},{"sectionNumber":"15A","sectionType":"section","heading":"Chief Executive not to take part in certain deliberations of Board","content":"#### 15A Chief Executive not to take part in certain deliberations of Board\n\n  The Chief Executive:\n    (a) must not take part in any deliberation or decision of the Board with respect to him or her; and\n    (b) is to be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Terms and conditions of appointment etc. of part‑time members","content":"#### 16 Terms and conditions of appointment etc. of part‑time members\n\n  (1) Subject to this Act, a part‑time member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n  (2) A part‑time member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration of Chairperson and the Deputy Chairperson","content":"#### 17 Remuneration of Chairperson and the Deputy Chairperson\n\n  (1) The Chairperson and the Deputy Chairperson shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, the Chairperson and the Deputy Chairperson shall be paid such remuneration as is prescribed.\n  (2) The Chairperson and the Deputy Chairperson shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Remuneration of other part‑time members","content":"#### 19 Remuneration of other part‑time members\n\n  (1) A part‑time member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.\n  (2) A part‑time member shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n  (4) A reference in this section to a part‑time member does not include a reference to the Chairperson or the Deputy Chairperson.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Resignation of part‑time members","content":"#### 20 Resignation of part‑time members\n\n  A part‑time member may resign the office of member by writing signed by the member and delivered to the Governor‑General.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Termination of appointment","content":"#### 22 Termination of appointment\n\n  (1) The Governor‑General may terminate the appointment of a part‑time member by reason of misbehaviour or physical or mental incapacity.\n  (2) If a part‑time member:\n    (a) becomes bankrupt, applies to take the benefit of any law for relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n    (b) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Board;\n  the Governor‑General may terminate the appointment of the member.\n\n> Note: The appointment of a part‑time 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).","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Delegation by Board","content":"#### 22A Delegation by Board\n\n  (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.\n  (2) A delegate is, in the exercise of a power so delegated, subject to the directions of the Board.\n  (3) If the Board delegates a power to a committee of eligible persons, the Board:\n    (a) must appoint one of the members of the committee to be the Chairperson of the committee; and\n    (b) may determine the procedure to be followed in relation to meetings of the committee, including matters with respect to the following:\n    (i) the convening of meetings of the committee;\n    (ii) the number of members of the committee who are to constitute a quorum;\n    (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;\n    (iv) the manner in which questions arising at a meeting of the committee are to be decided.\n  (4) In this section:\n\n> eligible person means:\n\n    (a) a member of the Board, other than the Chief Executive; or\n    (b) an officer of the Organisation who is concerned in, or takes part in, the management of the Organisation;\n  but does not include a person who is a member of the Consultative Council established under section 56.","sortOrder":32},{"sectionNumber":"Part IV","sectionType":"part","heading":"Advisory committees","content":"## Part IV—Advisory committees","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Advisory committees","content":"#### 24 Advisory committees\n\n  (1) The Board may establish advisory committees, consisting of such persons as the Board appoints, to give advice to the Board on particular matters or classes of matters relating to the functions of the Organisation.\n  (2) The Board shall appoint one of the members of each advisory committee to be the Chairperson of that committee.\n  (3) The Board may determine:\n    (a) the manner in which an advisory committee is to perform its functions; and\n    (b) the procedure to be followed in relation to meetings of an advisory committee, including matters with respect to:\n    (i) the convening of meetings of the advisory committee;\n    (ii) the number of members of the advisory committee who are to constitute a quorum;\n    (iii) the selection of a member of the advisory committee to preside at meetings of the advisory committee at which the Chairperson of the advisory committee is not present; and\n    (iv) the manner in which questions arising at a meeting of the advisory committee are to be decided.\n  (4) If the Board decides that the members of an advisory committee should be remunerated, those members shall be paid by the Organisation such remuneration as is determined by the Remuneration Tribunal.\n  (5) Members of an advisory committee shall be paid by the Organisation such allowances as are prescribed by the regulations.\n  (6) Subsections (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.","sortOrder":34},{"sectionNumber":"Part VI","sectionType":"part","heading":"Staff","content":"## Part VI—Staff","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Staff","content":"#### 32 Staff\n\n  (1) The Chief Executive may appoint such persons to be officers of the Organisation as the Chief Executive determines are necessary for the purposes of this Act.\n  (2) The terms and conditions of service (other than in respect of matters provided for by this Act) of officers appointed under this section are such as are determined by the Chief Executive.","sortOrder":36},{"sectionNumber":"Part VII","sectionType":"part","heading":"Corporate plans","content":"## Part VII—Corporate plans","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Compliance with corporate plan","content":"#### 36 Compliance with corporate plan\n\n  (1) When a corporate plan is in effect, the Organisation shall not perform its functions otherwise than in accordance with that plan.\n  (2) Nothing done by the Organisation is invalid on the ground that the Organisation has failed to comply with subsection (1).","sortOrder":38},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Finance","content":"## Part VIII—Finance","sortOrder":39},{"sectionNumber":"46","sectionType":"section","heading":"Moneys payable to Organisation","content":"#### 46 Moneys payable to Organisation\n\n  (1) There are payable to the Organisation such moneys as are appropriated by the Parliament for the purposes of this Act.\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 Organisation.","sortOrder":40},{"sectionNumber":"48","sectionType":"section","heading":"Application of moneys","content":"#### 48 Application of moneys\n\n  (1) The moneys of the Organisation shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations of the Organisation; and\n    (b) in payment of remuneration and allowances payable to any person under this Act.\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 Organisation.","sortOrder":41},{"sectionNumber":"51","sectionType":"section","heading":"Extra matters to be included in annual report","content":"#### 51 Extra matters to be included in annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must set out:\n    (a) a statement of the policies of the Organisation in relation to the carrying out of the scientific research of the Organisation that were current at the beginning of the period; and\n    (b) a description of any developments in those policies that occurred during the period; and\n    (c) any determinations made by the Minister under subparagraph 9(1)(a)(iv) during the period; and\n    (d) any directions or guidelines given by the Minister under subsection 13(1) during the period.","sortOrder":42},{"sectionNumber":"53","sectionType":"section","heading":"Liability to taxation","content":"#### 53 Liability to taxation\n\n  The Organisation is not subject to taxation under any law of the Commonwealth or of a State or Territory.","sortOrder":43},{"sectionNumber":"Part IX","sectionType":"part","heading":"Miscellaneous","content":"## Part IX—Miscellaneous","sortOrder":44},{"sectionNumber":"54","sectionType":"section","heading":"Inventions etc. by officers","content":"#### 54 Inventions etc. by officers\n\n  (1) A discovery, invention or improvement of or in any process, apparatus or machine made by an officer of the Organisation in the course of the officer’s official duties is the property of the Organisation.\n  (2) An officer of the Organisation shall not, except with the consent in writing of the Chief Executive, make application for a patent for an invention that is made by the officer in the course of the officer’s official duties or that relates to any matter or work connected with the officer’s official duties.","sortOrder":45},{"sectionNumber":"56","sectionType":"section","heading":"Consultative Council","content":"#### 56 Consultative Council\n\n  (1) There is established a Consultative Council comprising:\n    (a) persons nominated by the Board to represent the management of the Organisation; and\n    (b) representatives of organisations of officers.\n  (2) The functions of the Council are to consider, and to report to the Board on, any matter affecting, or of general interest to, the officers of the Organisation, including any such matter that is referred to the Council by the Board.\n  (3) The regulations shall prescribe the manner in which the Council is to be constituted, the manner in which the Council is to carry out its functions and any other matter relevant to the operations of the Council.","sortOrder":46},{"sectionNumber":"58","sectionType":"section","heading":"Regulations","content":"#### 58 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to this Act.","sortOrder":47}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1949 as the Science and Industry Research Act to establish CSIRO for industrial and agricultural research, the legislation has expanded significantly. Modern amendments have: (1) incorporated climate change obligations through the Paris Agreement reference (section 9(1)(a)(iiia)); (2) adopted comprehensive public governance frameworks (PGPA Act 2013 integration); (3) added commercialisation powers (forming companies, licensing IP); and (4) established elaborate accountability mechanisms. The Act has transformed from a simple research establishment statute into a complex corporate governance framework for a major Commonwealth entity."},"complexity_factors":["Moderate length with 9 Parts and 58 sections, though many sections are procedural","12 defined terms in the interpretation section (section 7), including cross-references to external legislation like the Public Governance, Performance and Accountability Act 2013","Extensive cross-referencing to modern governance frameworks (PGPA Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901)","Dual governance structure requiring careful delineation between Board policy-setting and Chief Executive operational roles","Multiple delegation pathways (Chief Executive to officers/committees, Board to members/committees) with eligibility conditions","Layered termination provisions for Chief Executive and Board members with multiple grounds and procedural requirements","Modern amendments have inserted climate change obligations (Paris Agreement reference) into what was originally industrial research legislation"],"plain_english_summary":"This Act creates and governs the Commonwealth Scientific and Industrial Research Organisation, better known as **CSIRO** — Australia's national science agency.\n\n**What it does:**\n- **Establishes CSIRO** as a legal body that can own property, enter contracts, and sue or be sued\n- **Sets out CSIRO's mission**: to conduct scientific research that helps Australian industry, benefits the community, meets national objectives, and supports Australia's obligations under the Paris Agreement on climate change\n- **Creates a governance structure** with:\n  - A **Board** (7-9 part-time members plus the Chief Executive) that sets policy and oversees the organisation\n  - A **Chief Executive** who runs day-to-day operations\n  - **Advisory committees** to provide expert advice\n- **Powers**: CSIRO can partner with companies, license inventions, charge fees for services, accept donations, and act as a trustee\n- **Staffing**: The Chief Executive appoints officers and sets their conditions\n- **Accountability**: CSIRO must follow corporate plans, report annually to Parliament, and comply with directions from the Science Minister\n\n**Who it affects:**\n- CSIRO employees and researchers\n- Australian industries that use CSIRO research\n- The Minister for Science (who can give directions)\n- Partner organisations and companies working with CSIRO\n\n**Why it matters:**\nThis is the foundational law for Australia's largest public research organisation. It determines how billions in public research funding is directed, how scientific discoveries move from lab to industry, and how CSIRO responds to national priorities including climate change."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1949 Act focused on scientific research for the benefit of Australian industry. Later amendments broadened its scope to include furthering the interests of the Australian community, contributing to national objectives, and specifically giving effect to Australia's obligations under the Paris Agreement. The Act now covers a wider range of social and international purposes beyond its original industrial research mandate."},"complexity_factors":["24 defined terms in the interpretation section (section 7)","Cross-references to other Acts: Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Science and Industry Endowment Act 1926","Nested exceptions and conditions in appointment and termination provisions (e.g., sections 10E, 22)","Multiple layers of delegation rules (Chief Executive under section 10J, Board under section 22A)","Conditional quorum requirements for Board meetings (section 15(3))","Scope of functions expanded by Ministerial determination and reference to Paris Agreement (section 9(1)(a)(iiia) and (iv))"],"plain_english_summary":"This Act establishes the **Commonwealth Scientific and Industrial Research Organisation (CSIRO)** — Australia's national science agency — as a corporate body. Its main job is to carry out scientific research to help Australian industry, benefit the community, achieve national goals, and meet Australia’s international obligations (including the Paris Agreement on climate change). It must also help apply the results of research, provide scientific services, train researchers, publish information, and collaborate with other organisations.\n\nThe Act sets up a **Board** to oversee the organisation, a **Chief Executive** to run its day-to-day affairs, and **advisory committees** to give expert advice. The Board sets policy, and the Minister can give it written directions. The Chief Executive hires staff and can delegate powers. The Act also deals with money: the organisation receives government funding, can charge fees for services, and can own property, form companies, and keep inventions made by its staff (which belong to the organisation). Staff must get permission to patent inventions made during their work.\n\nThe Act includes rules on how the Board and Chief Executive are appointed, their pay, and how they must disclose conflicts of interest. The organisation is exempt from Commonwealth and state taxes."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1949 Act was focused narrowly on scientific and industrial research to assist Australian industry and national interests. Over time, the scope has broadened significantly: CSIRO now has explicit functions around facilitating use of third-party research results (not just its own), providing general science services and facilities, and — most notably — an explicit mandate added in 2022 to contribute to Australia's Paris Agreement climate obligations. This represents an evolution from a purely industry-focused research body to one with broader community, educational, and international climate responsibilities."},"complexity_factors":["Interaction with multiple other pieces of legislation (Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Science and Industry Endowment Act 1926, Acts Interpretation Act 1901)","Multi-layered governance structure with Board, Chief Executive, advisory committees, and Consultative Council each having distinct roles and powers","Delegation chains (Minister → Board → Chief Executive → officers/committees) with different rules applying at each level","Distinction between primary and secondary functions creates a priority framework that requires interpretation in application","Corporate governance rules around conflicts of interest, termination grounds, and quorum requirements add procedural complexity","The Paris Agreement reference introduces an international law dimension requiring understanding of Australia's treaty obligations"],"plain_english_summary":"## What is this law about?\n\nThis is the founding legislation for the **Commonwealth Scientific and Industrial Research Organisation (CSIRO)** — Australia's national science agency. It creates CSIRO as a legal entity (a body corporate, meaning it can own property, sign contracts, and go to court in its own name), defines what it does, and sets up how it is run.\n\n## Who does it affect?\n\n- **All Australians** — CSIRO's research is meant to benefit Australian industry and the broader community\n- **Australian businesses and industries** — CSIRO is primarily focused on assisting industry through scientific research\n- **Researchers and scientists** — particularly those employed by or working with CSIRO\n- **Universities and education institutions** — CSIRO is required to cooperate with them on science education\n- **Taxpayers** — CSIRO is funded by parliamentary appropriation (public money)\n\n## What does CSIRO actually do under this law?\n\nCSIRO's **primary job** is to:\n1. Carry out scientific research to help Australian industry and the community\n2. Encourage people to actually *use* the results of that research\n\nIt also has **secondary functions** like:\n- Running science services and providing facilities\n- Being Australia's international liaison on scientific matters\n- Training researchers and supporting universities\n- Awarding fellowships, grants, and scholarships\n- Publishing scientific papers and reports\n- Collecting and sharing scientific information\n\nNotably, since 2022, CSIRO has an **explicit obligation** to contribute to Australia's commitments under the **Paris Agreement** (the international climate change treaty).\n\n## How is CSIRO governed?\n\nCSIRO has a two-tier leadership structure:\n\n- **Board of Directors**: 8–10 members appointed by the Governor-General, responsible for setting policy and strategic direction. Most are part-time. The Board appoints a Chairperson and Deputy Chairperson.\n- **Chief Executive**: Appointed by the Board (after consulting the Minister), runs the day-to-day operations, and must follow the Board's directions.\n\nThe **Minister** (a government minister) can give the Board written directions and guidelines — meaning the government retains ultimate oversight over CSIRO's direction.\n\n## Key practical points\n\n- **Inventions made by CSIRO staff** during their official duties belong to CSIRO, not the individual employee\n- CSIRO is **exempt from all taxation** (Commonwealth, state, and territory)\n- CSIRO can accept donations, gifts, and bequests, and can act as a trustee\n- CSIRO can form companies or partnerships\n- CSIRO can charge fees for research services it provides to outside parties\n- There is a **Consultative Council** that gives staff representatives a voice to raise workplace matters with the Board\n\n## Why does this matter?\n\nCSIRO is responsible for some of Australia's most significant scientific achievements (including Wi-Fi technology). This law is the legal foundation that gives CSIRO its authority, funding, structure, and purpose. It shapes how billions of dollars in public science investment is directed."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"36(1) and 36(2)","severity":"high","reasoning":"The mandatory compliance obligation in s36(1) is rendered entirely toothless by s36(2). If non-compliance has no legal consequence whatsoever — acts remain valid regardless — then the mandatory direction in s36(1) is a legal nullity. A provision that says 'you must do X' followed immediately by 'but failing to do X has no effect' creates a rule with no operative legal force. This is a classic internal contradiction that eliminates any meaningful compliance duty.","confidence":0.97,"description":"Section 36(1) mandates that the Organisation must perform its functions in accordance with the corporate plan, while section 36(2) immediately nullifies this obligation by stating that nothing done in breach of this requirement is invalid."},{"type":"other","section":"14A(5)(d)","severity":"medium","reasoning":"Section 14A(5)(b) expressly grants the right to resign the office of Chairperson or Deputy Chairperson. However, s14A(5)(d) provides that exercising this right causes the member to lose their underlying appointment as a part-time member entirely. This creates a Kafkaesque trap: the right to resign from a specific office is formally recognised, but its exercise triggers a disproportionate and arguably unintended consequence — complete removal from the Board. A member wishing to step down from the Chair role but remain a Board member has no lawful mechanism to do so.","confidence":0.88,"description":"A part-time member ceases to be a part-time member if they resign the office of Chairperson or Deputy Chairperson, effectively punishing resignation from a leadership role with involuntary loss of the underlying board membership."},{"type":"other","section":"7 (definition of 'part-time member') and 14A(1)(a)","severity":"low","reasoning":"The Act's drafting implies a binary of 'full-time' (Chief Executive) versus 'part-time' (everyone else), but only the latter category is defined. Numerous provisions apply specifically to 'part-time members' (ss16, 17, 19, 20, 22) with no explicit 'full-time member' counterpart provisions beyond those specific to the Chief Executive role. This is not technically contradictory but creates structural asymmetry and potential interpretive gaps.","confidence":0.72,"description":"The definition of 'member' includes the Chief Executive, yet 'part-time member' is defined as a member other than the Chief Executive. Section 14A(1)(a) separately includes the Chief Executive as a Board member. This creates a two-tier membership structure where the Chief Executive is simultaneously a 'member' but categorically excluded from being a 'part-time member', even though all other members are part-time. The Act never defines a 'full-time member' category, leaving the Chief Executive in a definitional limbo."},{"type":"circular_definition","section":"10J(3) and 10J(4)","severity":"low","reasoning":"While statutory deeming provisions for delegation are common and generally unproblematic, the combination of the deeming clause (s10J(3)) with the direction power (s10J(4)) creates a logical oddity. If the delegate's act is the Chief Executive's act, then the 'directions' given by the Chief Executive to the delegate are directions given to themselves. This is a technical absurdity rather than a practically significant one, as the intent is clear.","confidence":0.61,"description":"Section 10J(3) deems that when a delegate exercises a delegated power it is taken to have been exercised by the Chief Executive, while s10J(4) subjects the delegate to the directions of the Chief Executive. This creates a circular legal fiction: the delegate acts under the Chief Executive's direction, but their act is legally deemed to be the Chief Executive's own act — meaning the Chief Executive is effectively directing themselves."},{"type":"impossible_compliance","section":"9(2)(a) and 9(1)(ba)","severity":"low","reasoning":"The hierarchical distinction between s9(1)(b) and s9(1)(ba) requires the Organisation to constantly track and segregate the provenance of scientific results it is facilitating. In practice, collaborative and interdisciplinary research blurs these lines, making strict compliance with the primary/secondary prioritisation difficult to operationalise or audit.","confidence":0.65,"description":"Section 9(2)(a) designates facilitating the application of results of 'such research' (i.e., the Organisation's own research under s9(1)(b)) as a primary function, but s9(1)(ba) — facilitating results of 'any other scientific research' — is a secondary function. The boundary between these two near-identical functions may be impossible to maintain operationally, since the Organisation cannot always know whether results originated from its own research or external research."}],"contradictions":[{"severity":"medium","section_a":"10A(2)","section_b":"12(1)(a) and 12(1)(b)","confidence":0.78,"description":"Section 10A(2) provides that the affairs of the Organisation shall be conducted by the Chief Executive (subject to Board directions), while ss12(1)(a) and (b) vest in the Board the function of ensuring proper and efficient performance of the Organisation's functions and the power to determine all Organisation policy. This creates structural ambiguity as to who actually governs the Organisation day-to-day."},{"severity":"medium","section_a":"13(1)","section_b":"12(1)(b)","confidence":0.82,"description":"Section 12(1)(b) grants the Board power to determine the policy of the Organisation 'with respect to any matter', while s13(1) allows the Minister to give binding directions and guidelines to the Board on the performance of the Organisation's functions. If the Minister can direct the Board on any matter affecting the Organisation's functions, the Board's independent policy-making power under s12(1)(b) is effectively subordinate and potentially illusory."},{"severity":"low","section_a":"22A(4) (eligible person for Board delegation)","section_b":"10J(7) (eligible person for Chief Executive delegation)","confidence":0.85,"description":"The two delegation regimes use the same term 'eligible person' but define it differently and incompatibly. Under s22A(4), eligible persons for Board delegation expressly exclude members of the Consultative Council and the Chief Executive. Under s10J(7), eligible persons for Chief Executive delegation include officers and certain company directors/employees, with no exclusion for Consultative Council members. This creates an inconsistent and potentially conflicting delegation framework within the same organisation."},{"severity":"medium","section_a":"10B(2)","section_b":"10E(4)","confidence":0.74,"description":"Section 10B(2) requires the Board to consult the Minister before appointing the Chief Executive, and s10E(4) requires the Board to consult the Minister before terminating the appointment. However, s10E(1)-(3) vest the actual decision to terminate entirely in the Board with no ministerial approval or veto power, while s13(1) allows the Minister to direct the Board generally. This creates uncertainty about whether a ministerial direction under s13(1) could override a Board decision to terminate — the consultation requirement implies some ministerial influence but provides no mechanism for it to be effective."},{"severity":"low","section_a":"54(1)","section_b":"9AA(1)(c) and 9AA(1)(d)","confidence":0.63,"description":"Section 54(1) vests all inventions made by officers in the course of official duties as property of the Organisation automatically. Section 9AA(1)(d) then provides for the payment of bonuses to officers in respect of 'discoveries or inventions made by them'. The use of 'made by them' in the bonus provision implicitly acknowledges the officer as inventor, yet s54(1) has already stripped them of any proprietary interest. While not strictly contradictory as to ownership, the framing creates a conceptual tension between the Act's treatment of the officer as mere conduit (s54(1)) versus recognised creative contributor (s9AA(1)(d))."},{"severity":"medium","section_a":"15(3)","section_b":"14A(1) and 15A","confidence":0.8,"description":"Section 15(3) sets quorum based on total Board membership of '9 or 10 members' (requiring 5) or otherwise (requiring 4). The Board under s14A(1) comprises the Chief Executive plus 7-9 part-time members, giving a total of 8-10 members. However, s15A provides that the Chief Executive must be disregarded for quorum purposes on matters relating to themselves. This can reduce the effective quorum pool below the thresholds contemplated in s15(3), and the Act provides no mechanism for recalculating the quorum in such circumstances."}]}},"importantCases":[],"_links":{"self":"/api/acts/science-and-industry-research-act-1949","history":"/api/acts/science-and-industry-research-act-1949/history","analysis":"/api/acts/science-and-industry-research-act-1949/analysis","conflicts":"/api/acts/science-and-industry-research-act-1949/conflicts","importantCases":"/api/acts/science-and-industry-research-act-1949/important-cases","documents":"/api/acts/science-and-industry-research-act-1949/documents"}}