Part 1
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Commonwealth act
This Act gives the Secretary of the Department responsibility for optical astronomy: to build, operate and support optical astronomy facilities, develop instrumentation, run research and education programs, publish information, advise the Minister, and meet international obligations. It allows the Commonwealth to charge fees and for the Secretary to delegate functions to APS employees.
Users of facilities or services may pay fees; the Secretary and delegates decide operations and access. The Act creates federal discretion over infrastructure, fee recovery and administrative requirements for facility users and instrument providers.
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Direct links to the current provisions in Astronomical Functions Act 2010.
This Act may be cited as the Astronomical Functions Act 2010.
This Act commences on 1 July 2010.
This Act provides that the Secretary has various functions relating to optical astronomy.
The Commonwealth may charge fees in connection with things done in the performance of the Secretary’s functions.
The Secretary may delegate functions and powers under this Act to APS employees in the Department.
In this Act:
optical includes radiation in the near‑ultraviolet, visible and infrared portions of the electromagnetic spectrum.
optical astronomy facility means a telescope, or other facility, for making optical astronomical observations, and includes any associated equipment, buildings or infrastructure.
Secretary means the Secretary of the Department.
This Act binds the Crown in each of its capacities.
This Act extends to every external Territory.
This Act applies both within and outside Australia.
(1) The Secretary has functions relating to optical astronomy. (2) Those functions include the following: (a) to operate, construct, develop and maintain national optical astronomy facilities; (b) to support optical astronomy facilities; (c) to consult and co‑operate with other persons, organisations and governments on matters relating to optical astronomy; (d) to facilitate access to optical astronomy facilities; (e) to develop, manufacture and provide instrumentation for optical astronomy facilities; (f) to support the development, manufacture and provision of instrumentation for optical astronomy facilities; (g) to support, encourage, conduct and evaluate research about matters relating to optical astronomy; (h) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to optical astronomy; (i) to publish (whether on the internet or otherwise) reports, papers and information relating to optical astronomy; (j) to advise the Minister about matters relating to optical astronomy; (k) to implement Australia’s international obligations in relation to optical astronomy; (l) such other functions (if any) as are specified in the regulations; (m) to do anything incidental to or conducive to the performance of any of the above functions. (3) Subsection (2) does not limit subsection (1).
Note: For delegation of functions, see section 23.
The Commonwealth may charge fees for things done in the performance of the functions conferred by section 11.
(1) The Secretary may, by writing, delegate all or any of the Secretary’s functions or powers under this Act to an APS employee in the Department who has expertise appropriate to the function or power delegated. (3) In exercising functions or powers under a delegation, the delegate must comply with any directions of the Secretary.
This Act does not limit the executive power of the Commonwealth.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
The Governor‑General may make regulations prescribing matters: (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Astronomical Functions Act 2010.
This Act commences on 1 July 2010.
This Act provides that the Secretary has various functions relating to optical astronomy.
The Commonwealth may charge fees in connection with things done in the performance of the Secretary’s functions.
The Secretary may delegate functions and powers under this Act to APS employees in the Department.
In this Act:
optical includes radiation in the near‑ultraviolet, visible and infrared portions of the electromagnetic spectrum.
optical astronomy facility means a telescope, or other facility, for making optical astronomical observations, and includes any associated equipment, buildings or infrastructure.
Secretary means the Secretary of the Department.
This Act binds the Crown in each of its capacities.
This Act extends to every external Territory.
This Act applies both within and outside Australia.
(1) The Secretary has functions relating to optical astronomy. (2) Those functions include the following: (a) to operate, construct, develop and maintain national optical astronomy facilities; (b) to support optical astronomy facilities; (c) to consult and co‑operate with other persons, organisations and governments on matters relating to optical astronomy; (d) to facilitate access to optical astronomy facilities; (e) to develop, manufacture and provide instrumentation for optical astronomy facilities; (f) to support the development, manufacture and provision of instrumentation for optical astronomy facilities; (g) to support, encourage, conduct and evaluate research about matters relating to optical astronomy; (h) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to optical astronomy; (i) to publish (whether on the internet or otherwise) reports, papers and information relating to optical astronomy; (j) to advise the Minister about matters relating to optical astronomy; (k) to implement Australia’s international obligations in relation to optical astronomy; (l) such other functions (if any) as are specified in the regulations; (m) to do anything incidental to or conducive to the performance of any of the above functions. (3) Subsection (2) does not limit subsection (1).
Note: For delegation of functions, see section 23.
The Commonwealth may charge fees for things done in the performance of the functions conferred by section 11.
(1) The Secretary may, by writing, delegate all or any of the Secretary’s functions or powers under this Act to an APS employee in the Department who has expertise appropriate to the function or power delegated. (3) In exercising functions or powers under a delegation, the delegate must comply with any directions of the Secretary.
This Act does not limit the executive power of the Commonwealth.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
The Governor‑General may make regulations prescribing matters: (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.