{"id":"F2017L01205","name":"Science and Industry Research Regulations 2017","slug":"science-and-industry-research-regulations-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439334,"registerId":"F2017L01205-fast-fetch-1775955398560","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Science and Industry Research Regulations 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nScience and Industry Research Regulations 2017\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 18 September 2017\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nArthur Sinodinos AO\n\nMinister for Industry, Innovation and Science\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Membership of the Consultative Council\n\n6 Purpose of this Part\n\n7 Membership of Consultative Council\n\n8 Deputy Chairperson\n\n9 Acting appointments\n\nPart 3—Functions of the Consultative Council\n\n10 Purpose of this Part\n\n11 Meetings\n\n12 Inquiries\n\n13 Minority reports\n\nPart 4—Savings provision\n\n14 Consultative Council appointments\n\nSchedule 1—Repeals\n\nScience and Industry Research (Consultative Council) Regulations\n\nScience and Industry Research (Gifts, Trusts and Contracts) Regulations 2000\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Science and Industry Research Regulations 2017.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2017. 1 October 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Science and Industry Research Act 1949.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Board;\n\n(b) officer;\n\n(c) Organisation.\n\n  In this instrument:\n\nAct means the Science and Industry Research Act 1949.\n\nConsultative Council means the Consultative Council established by section 56 of the Act.\n\nregistered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.\n\nPart 2—Membership of the Consultative Council\n\n \n\n6  Purpose of this Part\n\n  This Part is made for the purposes of subsection 56(3) of the Act.\n\n7  Membership of Consultative Council\n\n (1) The Board must appoint:\n\n (a) up to 7 persons nominated by the Board to be members of the Consultative Council; and\n\n (b) one other person nominated by the Board to be the Chairperson of the Council.\n\nNote: The Consultative Council is comprised of the Board’s nominees and representatives of organisations of officers (see subsection 56(1) of the Act).\n\n (2) The CSIRO Staff Association may appoint up to 5 representatives of its organisation to be members of the Consultative Council.\n\n (3) The Consultative Council may appoint a person, nominated by a registered organisation (other than the CSIRO Staff Association) whose members include officers, to be a member of the Council.\n\n (4) The total number of members appointed under subsections (2) and (3) must not exceed 8.\n\n (5) If at any time there are more than 8 members who were appointed under subsections (2) and (3), the Council must, as soon as practicable, terminate the appointment of however many of the members appointed by it under subsection (3) as is necessary to reduce to 8 the total number of members appointed under subsections (2) and (3).\n\n (6) For the purposes of making an appointment under subsection (3), the Council is taken to be constituted when the Chairperson and other persons mentioned in subsections (1) and (2) are appointed.\n\n8  Deputy Chairperson\n\n  The Consultative Council must elect one of the members appointed under subsection 7(2) to be the Deputy Chairperson.\n\n9  Acting appointments\n\nAppointments by the Board\n\n (1) The Board may, by written instrument, appoint a person to act as a member of the Consultative Council:\n\n (a) during a vacancy in the office of a member of the Council (other than the Chairperson), whether or not an appointment has previously been made to the office; or\n\n (b) during any period, or during all periods, when any such member:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\nAppointments by organisations of officers\n\n (2) An organisation of officers specified in an item in the table in subsection 7(2) may, by written instrument, appoint a person to act as a member of the Consultative Council:\n\n (a) during a vacancy in the office of a member representing the organisation on the Council, whether or not an appointment has previously been made to the office; or\n\n (b) during any period, or during all periods, when any such member:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\nAppointments by the Consultative Council\n\n (3) The Consultative Council may, by written instrument, appoint a person to act as a member of the Council:\n\n (a) during a vacancy in the office of a member of the Council appointed under subsection 7(3), whether or not an appointment has previously been made to the office; or\n\n (b) during any period, or during all periods, when any such member:\n\n (i) is absent from duty or from Australia; or\n\n (ii) is, for any reason, unable to perform the duties of the office.\n\n (4) If subsection (3) applies, a person is not eligible for appointment to act as that member unless the person is recommended by the registered organisations who are entitled to make a nomination under subsection 7(3).\n\nNote 1: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\nNote 2: The performance of the Consultative Council’s functions or the exercise of its powers is not affected merely because of a vacancy in its membership (see subsection 33(2B) of the Acts Interpretation Act 1901).\n\nPart 3—Functions of the Consultative Council\n\n \n\n10  Purpose of this Part\n\n  This Part is made for the purposes of subsection 56(3) of the Act.\n\n11  Meetings\n\n (1) The Consultative Council must hold such meetings as are necessary for the performance of its functions, but must meet at least once in each financial year.\n\n (2) The Chairperson of the Council may, at any time, convene a meeting of the Council.\n\n (3) The Chairperson must convene a meeting if:\n\n (a) the Council passes a resolution that a meeting be convened; or\n\n (b) the Board directs the Chairperson to do so.\n\n (4) At a meeting of the Council a quorum is constituted by the Chairperson (or in the Chairperson’s absence, the Deputy Chairperson) and 9 other members:\n\n (a) 4 of whom must be persons appointed under paragraph 7(1)(a) (the Board’s nominees); and\n\n (b) 5 of whom must be persons appointed under:\n\n (i) subsection 7(2) (representatives of the officers’ organisation); or\n\n (ii) subsection 7(3) (nominee of registered organisations).\n\n (5) The Chairperson must preside at all meetings of the Council at which the Chairperson is present.\n\n (6) The Deputy Chairperson must preside at a meeting of the Council if no other person entitled to preside at the meeting is present.\n\n (7) All questions arising at a meeting of the Council must be decided by a majority of the votes of the members present and voting.\n\n (8) The Council may regulate the conduct of proceedings at its meetings as it thinks fit.\n\n (9) The Council may invite a person to attend a meeting of the Council for the purpose of advising or informing the Council on any matter.\n\nNote: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n12  Inquiries\n\n  The Consultative Council may, as a whole or by means of sub‑committees or individual members of the Council appointed by it for the purpose, conduct such inquiries as appear to the Council to be necessary for the full and proper consideration of any matter before it.\n\n13  Minority reports\n\n  If:\n\n (a) the voting on a resolution of the Consultative Council is not unanimous; and\n\n (b) the resolution is in relation to a report to be made by the Council to the Board;\n\nthe report to the Board must be accompanied by a statement in summary form of the views of the members who were present at the meeting but did not vote in favour of the resolution.\n\nPart 4—Savings provision\n\n \n\n14  Consultative Council appointments\n\n  A person who, just before the commencement of this Part, is a member mentioned in a provision mentioned in column 1 of an item of the following table is treated, from that commencement, as being a member mentioned in the provision mentioned in column 2 of that item.\n\n \n\n- Consultative Council appointments\n- Item Provision of the Science and Industry Research (Consultative Council) Regulations, as in force just before the commencement of this Part Provision of the Science and Industry Research Regulations 2017, as in force at the commencement of this Part\n- 1 Paragraph 3(1)(a) Paragraph 7(1)(b)\n- 2 Paragraph 3(1)(b) Paragraph 7(1)(a)\n- 3 Paragraph 3(1)(c), (d), (e), (f) or (g) Subsection 7(2)\n- 4 Paragraph 3(1)(h) Subsection 7(3)\n\nSchedule 1—Repeals\n\n \n\nScience and Industry Research (Consultative Council) Regulations\n\n1  The whole of the regulations\n\nRepeal the regulations.\n\nScience and Industry Research (Gifts, Trusts and Contracts) Regulations 2000\n\n2  The whole of the regulations\n\nRepeal the regulations.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a machinery provision governing the CSIRO Consultative Council. While it consolidates and repeals two earlier regulations (the Consultative Council Regulations and the Gifts, Trusts and Contracts Regulations 2000), this represents a streamlining rather than expansion of scope. The substantive content remains focused on Council membership and procedures as originally intended."},"complexity_factors":["Straightforward structure with only 4 Parts and 14 sections","Minimal cross-referencing (primarily to the parent Science and Industry Research Act 1949)","Simple conditional logic limited to quorum requirements and acting appointment triggers","Only 3 defined terms in the instrument itself (Act, Consultative Council, registered organisation), with 3 additional terms referenced from the parent Act","Single savings provision mapping old appointments to new provisions in table format","No nested exceptions or highly conditional operative provisions"],"plain_english_summary":"The instrument creates a single updated framework for CSIRO’s Consultative Council: who may sit on it (Board nominees plus union representatives), leadership (a union-elected Deputy Chair), temporary replacements, meeting rules (minimum annual meeting, quorum and majority voting), powers to form sub‑committees or appoint investigators, and protection for minority views in recommendations. It replaces two older regulation sets and affects CSIRO management, staff and their unions by formalising worker representation in advisory processes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation primarily implements and clarifies the procedural details of subsection 56(3) of the Science and Industry Research Act 1949: who sits on the Consultative Council, how members are appointed or act, meeting rules, and reporting processes. It consolidates and replaces the earlier Consultative Council regulations and repeals the separate Gifts, Trusts and Contracts Regulations 2000, but it does not materially expand the statutory functions or powers of the Consultative Council beyond what the Act contemplates. The most notable scope change is administrative: the removal of the separate gifts/trusts/contracts instrument means those governance matters will need to be handled under other rules or instruments, but the Consultative Council’s remit remains within the Act’s original purpose."},"complexity_factors":["Short instrument (Parts 1–4, plus one Schedule) focused on Council governance","Only 3 specific terms defined in the instrument (Act, Consultative Council, registered organisation) plus cross-references to definitions in the Act (s 5)","Multiple appointment paths with caps and a conditional reduction mechanism (ss 7(1)–(6))","Different appointing authorities with separate acting-appointment rules (s 9(1)–(3))","Quorum composition sets fixed numeric minimums drawn from two categories of members (s 11(4))","Cross-references to the Acts Interpretation Act 1901 for acting appointment rules and vacancy effects (notes to s 9; note to s 9 references ss 33A, 33AB; s 9(4) references s 33(2B))","Minority-report requirement tied to reports to the Board (s 13)","Repeal of two prior instruments in Schedule 1 increases inter-instrument dependency (administrators must locate replacement governance for gifts/trusts/contracts)"],"plain_english_summary":"**What this instrument does (in plain English)**\n\n- This regulation sets out how the Consultative Council established under the Science and Industry Research Act 1949 (the Act) is to be composed and how it operates. (See Parts 2 and 3.)\n- It repeals two earlier sets of regulations: the old Consultative Council regulations and the Science and Industry Research (Gifts, Trusts and Contracts) Regulations 2000. (Schedule 1.)\n\n**Who is affected**\n\n- The Board (the governing board under the Act) — it nominates and appoints a number of members and the Chair (s 7(1)).\n- The CSIRO Staff Association and other registered organisations that represent officers (employees) — they can appoint or nominate members to the Council (s 7(2)–(3)).\n- Members of the Consultative Council, Chairperson and Deputy Chairperson — their appointment, acting appointments, meeting roles and voting rules are governed here (ss 7–9, 11).\n- Any person or body invited to advise the Council at meetings (s 11(9)).\n\n**How it works, mechanically**\n\n- Composition and appointments\n  - The Board must appoint up to 7 people to the Consultative Council and separately nominate one person to be Chair (s 7(1)).\n  - The CSIRO Staff Association may appoint up to 5 representatives to the Council (s 7(2)).\n  - Other registered organisations that include officers may have nominees appointed to the Council, but the combined number of organisation-appointed members (CSIRO Staff Association plus other registered organisations) must not exceed 8 in total (ss 7(3)–(4)). If that cap is exceeded, the Council must terminate as many members appointed under s 7(3) as needed to bring the total down to 8 (s 7(5)).\n  - The Council must elect one of the CSIRO Staff Association appointees to be Deputy Chairperson (s 8).\n\n- Acting appointments\n  - The Board, the specified organisations, and the Council have statutory powers to appoint acting members during vacancies or absences, under separate paragraphs depending on who originally appoints the position (s 9). The instrument cross-references the Acts Interpretation Act for rules about acting appointments (notes to s 9).\n\n- Meetings and decision-making\n  - The Council must meet as required but at least once every financial year; the Chair convenes meetings and must do so on Board direction or a Council resolution (s 11(1)–(3)).\n  - A quorum requires the Chair (or Deputy if Chair absent) plus 9 other members. The 9 must include at least 4 Board nominees and at least 5 organisation representatives (s 11(4)).\n  - Questions are decided by majority vote of members present and voting (s 11(7)).\n  - The Council may run inquiries directly or through sub‑committees and may invite external advisers to meetings (ss 12, 11(9)).\n\n- Minority views\n  - When the Council makes a report to the Board and the vote on the report is not unanimous, the report must include a short statement of the views of those who did not support the resolution (s 13).\n\n- Transitional / savings\n  - Existing appointments under the old Consultative Council regulations are mapped to the new regulation’s appointment categories so people keep their membership after commencement (s 14).\n\n**Why this matters (stated purpose and practical implications)**\n\n- Stated purpose: the regulations are made to implement subsection 56(3) of the Act (ss 6 and 10). They provide the operational detail the Act leaves to subordinate legislation: who sits on the Council, how many representatives organisations can have, how meetings and voting work, and how to handle dissenting views in reports.\n\n- Practical effects and implementation trade-offs:\n  - Who pays / who bears the administrative cost: administrative costs fall on the Board and the Consultative Council (time in convening meetings, managing appointments and acting appointments). Registered organisations that nominate or appoint members incur the cost of selecting and supporting their representatives.\n  - Decision control: the Board retains a block of nominations (up to 7 members plus the Chair) while employee organisations can supply up to 8 members between them. That allocation shapes voting majorities because the quorum requires minimum numbers from each category (s 11(4)).\n  - Compliance burden: organisations wanting to participate must be registered organisations and must follow the written-instrument processes for acting appointments (s 9). The cap on organisation-appointed members and the termination rule (s 7(5)) imposes a membership-management task on the Council.\n  - Implementation risk / discretion: the Board’s control of Chair and multiple nominees gives it leverage in meeting outcomes; the Council must manage the cap on organisational members and apply the termination rule if the cap is exceeded (ss 7(1), 7(4)–(5)).\n  - Repeal of the Gifts, Trusts and Contracts regulations (Schedule 1): the regulator has removed that separate instrument. That shifts where rules about gifts, trusts or contracts are found (either into other instruments, administrative practice, the Act, or agency policy). The regulation itself does not set new detailed rules on gifts or contracts, so administrators must ensure the relevant governance is covered elsewhere.\n\n**Concrete statutory references**\n- Composition and limits: s 7(1)–(6)\n- Deputy Chairperson: s 8\n- Acting appointments: s 9 (with notes referring to Acts Interpretation Act sections 33A and 33AB)\n- Meetings, quorum and voting: s 11(1)–(9)\n- Inquiries: s 12\n- Minority reports requirement: s 13\n- Transitional mapping for existing appointments: s 14\n- Repeals of prior instruments: Schedule 1\n\nOverall, the instrument provides concise, mainly procedural rules that define membership categories, appointment mechanics, meeting/quorum rules and reporting obligations for the Consultative Council created by the Act. It centralises those governance particulars in one instrument and withdraws two older instruments so administrators and workplace organisations will need to follow these provisions for Council business."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/science-and-industry-research-regulations-2017","history":"/api/acts/science-and-industry-research-regulations-2017/history","analysis":"/api/acts/science-and-industry-research-regulations-2017/analysis","conflicts":"/api/acts/science-and-industry-research-regulations-2017/conflicts","importantCases":"/api/acts/science-and-industry-research-regulations-2017/important-cases","documents":"/api/acts/science-and-industry-research-regulations-2017/documents"}}