Minerals Research Institute of Western Australia Act 2013

The Minerals Research Institute of Western Australia Act 2013 establishes a new statutory body, the Minerals Research Institute of Western Australia (the Institute), and repeals the earlier Minerals and Energy Research Act 1987 (s 4; s 75). Mechanically, the Act does the following.

Constitutes the Institute as a body corporate with perpetual succession, common seal and the capacity to sue and be sued (s 4). It also designates the Institute as an agent of the State, with the status, immunities and privileges of the State (s 5).
Defines the Institute’s objects in function terms: to foster and promote minerals research for the benefit of the State and to perform specified functions and powers in pursuit of that object (s 6 to s 11). Key functional powers include undertaking, procuring and managing minerals research projects (s 7), providing financial assistance for minerals research and related activities, subject to Part 3 (s 8), keeping detailed records about projects (s 9) and conferring, collaborating and advising (s 10).
Creates a statutory process for prioritising research via a research priority plan. The Institute must have and publish a research priority plan identifying medium to long term knowledge and technology needs of WA’s minerals industry; revision of the plan is subject to public notice and submissions (s 14 to s 18).
Establishes the financial assistance regime in Part 3. Persons may apply for financial assistance for minerals research (s 19). The Institute may provide assistance on terms it chooses or refuse; it may also provide assistance without a formal application (s 20). The Act authorises the Institute to require information and verification from recipients (s 21), creates offences and penalties for false or misleading statements (s 22), and gives the Institute power to terminate financial assistance and recover amounts (s 23). Aggrieved persons may seek review of terminations by the State Administrative Tribunal (s 24).

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Western Australia

Minerals Research Institute of Western Australia Act 2013

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Terms used 1

Part 2 — Minerals Research Institute of Western Australia

Division 1 — Minerals Research Institute of Western Australia

Institute established 3
Institute to be State agency 3

Division 2 — Functions

Institute’s functions 3
Undertaking, procuring and managing minerals research projects 3
Providing financial assistance for minerals research and other activities 4
Keeping records about minerals research projects 4
Other functions 4

Division 3 — Powers

Institute’s powers 5
Minister and Treasurer to consider proposals under section 11(3)(a) 6
Delegation 6

Division 4 — Research priority plan

Research priority plan 7
Revised research priority plans 7
Minister to be given research priority plan 7
Research priority plan to be published 8
Effect of research priority plan 8

Part 3 — Financial assistance

Applying for financial assistance 9
Institute may provide financial assistance 9
Institute may require information 9
False or misleading information 10
Institute may terminate financial assistance 11
Review of decision to terminate financial assistance 12

Part 4 — Administration

Division 1 — The board

Subdivision 1 — How board is constituted

Terms used 13
Board is governing body 13
Board membership 13
Chairperson and deputy chairperson 14
Term of office 14
Casual vacancies 14
Extension of term of office during vacancy 15
Leave of absence 16
Alternate members 16
Remuneration and allowances 16

Subdivision 2 — Board meetings

Holding meetings 17
Quorum 17
Presiding member 17
Procedure at meetings 17
Holding meetings remotely 17
Voting 17
Resolution without meeting 18
Minutes to be kept 18

Subdivision 3 — Disclosure of interests

Disclosure of material personal interest 18
Voting by interested member 18
Section 44 may be declared inapplicable 19
Quorum where section 45 applies 19

Subdivision 4 — Execution of documents

Execution of documents 19

Division 2 — Staff

Subdivision 1 — CEO generally

CEO 20
Effect of Institute being SES organisation 20
Effect of Institute becoming non‑SES organisation 20
Appointment of CEO 21

Subdivision 2 — Provisions applying to CEO under section 49(b) or 50

Term used: CEO 21
Term of office and resignation 21
Salary and entitlements 21
Entitlements of public service officer as CEO 22
Removal from office 22
Other conditions of service 23

Subdivision 3 — Other staff

Other staff 23
Use of government staff and facilities 23

Division 3 — Advisory committees

Advisory committees 24
Advice of advisory committees 24
Remuneration 25

Part 5 — Accountability and financial provisions

Division 1 — Accountability provisions

Minister may give directions 26
Minister to be kept informed 26
Minister to have access to information 26

Division 2 — Financial provisions

Application of Financial Management Act 2006 and Auditor General Act 2006 27
Institute’s funds 27
Notice of financial difficulty 28

Part 6 — Miscellaneous

Protection from liability for wrongdoing 29
Confidentiality of information under this Act 29
Confidentiality of information under repealed Acts 30
Regulations 32
Laying documents before House of Parliament not sitting 32
Review of Act 32

Part 7 — Repeal and consequential amendments

Division 1 — Minerals and Energy Research Act 1987 repealed

Minerals and Energy Research Act 1987 repealed 34

Division 2 — Consequential amendments

Constitution Acts Amendment Act 1899 amended 34
Financial Management Act 2006 amended 34
Public Sector Management Act 1994 amended 34

Part 8 — Transitional and savings provisions for the Minerals and Energy Research Act 1987

Division 1 — Preliminary

Terms used 36
Interpretation Act 1984 not affected 36

Division 2 — Transfer of abolished Institute’s assets, rights and liabilities

Assets, rights and liabilities 37
Investments 37
Registration of documents 38
Exemption from State tax 38

Division 3 — Transfer of CEO

Transfer of CEO 38

Division 4 — Continuing effect of things done

Completion of things commenced 39
Continuing effect of things done 39
Agreements and instruments generally 40
Undetermined applications for financial assistance 40
Notices served under repealed Act 41

Division 5 — Other transitional provisions

Transitional regulations 41
Savings 42

Notes

Compilation table 44

Defined terms

Western Australia

Minerals Research Institute of Western Australia Act 2013

An Act —

● to establish the Minerals Research Institute of Western Australia for the purposes of fostering and promoting minerals research for the benefit of the State; and

● to repeal the Minerals and Energy Research Act 1987; and

● to amend certain other Acts as a consequence of this Act,

and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Minerals Research Institute of Western Australia Act 2013.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Terms used

In this Act, unless the contrary intention appears —

Account means the account referred to in section 67(1);

advisory committee means an advisory committee appointed under section 60(1);

board means the Institute’s board provided for in section 26(1);

CEO means the chief executive officer of the Institute referred to in section 48(1);

chairperson means the person designated under section 28(1) as the chairperson of the board;

Institute means the Minerals Research Institute of Western Australia established under section 4(1);

member means a member of the board;

mineral means —

(a) a naturally occurring inorganic substance that is extracted or extractable from the earth and has characteristic chemical composition and physical properties; or

(b) an aggregate of one or more substances referred to in paragraph (a); or

(c) coal or a similar naturally occurring organic substance that is extracted or extractable from the earth, other than petroleum or any hydrocarbon;

minerals research means —

(a) investigation undertaken in order to acquire new knowledge relating to; or

(b) systematic work drawing on existing knowledge that is directed to the development of,

any process, technique, method, design or apparatus to locate, extract, transport or market minerals;

staff member means the CEO or a person referred to in section 58 or 59.

Part 2 — Minerals Research Institute of Western Australia

Division 1 — Minerals Research Institute of Western Australia

4. Institute established

(1) The Minerals Research Institute of Western Australia is established.

(2) The Institute —

(a) is a body corporate; and

(b) has perpetual succession; and

(d) may sue and be sued in its corporate name.

5. Institute to be State agency

The Institute is an agent of the State and has the status, immunities and privileges of the State.

Division 2 — Functions

6. Institute’s functions

For the purposes of fostering and promoting minerals research for the benefit of the State, the Institute has the functions set out in this Division.

7. Undertaking, procuring and managing minerals research projects

It is a function of the Institute to undertake, procure or manage such minerals research projects as it thinks fit.

8. Providing financial assistance for minerals research and other activities

(1) It is a function of the Institute to provide financial assistance to persons to enable them to undertake or participate in, or to engage or enable other persons to undertake or participate in, minerals research or any other activity relevant to the Institute’s functions.

(2) The Institute may provide financial assistance only in accordance with Part 3.

9. Keeping records about minerals research projects

(1) The Institute must cause detailed records to be kept about each minerals research project —

(a) it has undertaken, procured or managed either on its own or in conjunction with any other person; or

(b) for which it has provided financial assistance.

(2) The records in respect of each minerals research project must include records of —

(a) the amount and nature of financial assistance that the Institute has provided for the project and to whom the financial assistance has been provided; and

(b) the work done in relation to the project; and

(c) the outputs of the project and how they relate to the knowledge and technology needs of the State’s minerals industry identified in the Institute’s research priority plan referred to in section 14.

10. Other functions

The Institute also has these functions —

(a) to confer and collaborate on matters relating to minerals research with other persons, authorities and institutions;

(b) to maintain current knowledge of minerals research being undertaken within the State and elsewhere;

(d) to foster academic activities relevant to the Institute’s functions;

(e) to provide the Minister with advice in relation to minerals research;

(f) any other function prescribed by regulations.

Division 3 — Powers

11. Institute’s powers

(1) In this section —

business arrangement means a company, a partnership, a trust, a joint venture or any other business arrangement;

participate includes form, promote, establish, enter into, manage, dissolve, wind‑up and do anything incidental to the doing of those things;

public authority means any of the following —

(a) a Minister of the State;

(b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);

(d) a body, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State.

(2) The Institute has all the powers it needs to perform its functions.

(3) Without limiting subsection (2), the Institute may —

(a) participate in a business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and

(b) enter into arrangements for sponsorship; and

(c) develop and turn to account any technology, software, resource or intellectual property and, for that purpose, apply for, hold, receive, exploit and dispose of any intellectual property; and

(d) use its expertise and resources to provide consultancy, management, advisory or other services for profit.

(4) The Institute, in performing its functions, may act alone or in conjunction with —

(a) any person or public authority; or

(b) any other government agency or instrumentality of the Commonwealth.

[Section 11 amended: No. 26 of 2016 s. 76.]

12. Minister and Treasurer to consider proposals under section 11(3)(a)

(1) The Institute must obtain the written agreement of the Minister before it exercises any power conferred by section 11(3)(a).

(2) The Minister must obtain the Treasurer’s approval before giving a written agreement under subsection (1).

13. Delegation

(1) The Institute may delegate to a staff member any power or duty of the Institute under another provision of this Act.

(2) The delegation must be in writing executed by the Institute.

(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5) Nothing in this section limits the ability of the Institute to perform a function through a staff member or an agent.

Division 4 — Research priority plan

14. Research priority plan

The Institute is to have a research priority plan that identifies and prioritises the medium to long term knowledge and technology needs of the State’s minerals industry.

15. Revised research priority plans

The Institute may revise its research priority plan but only if it has —

(a) prepared a proposed revised research priority plan (the proposed revised plan); and

(b) published the proposed revised plan; and

(i) stating that it proposes to revise its research priority plan; and

(ii) stating that it has published the proposed revised plan and how it may be accessed by the public; and

(iii) inviting written submissions about the proposed revised plan to be made to the Institute within the period specified in the notice (which must be at least 30 days after the notice is published);

and

(d) considered any submissions about the proposed revised plan made in accordance with the notice.

16. Minister to be given research priority plan

The Institute must give the Minister a copy of —

(a) its research priority plan; and

(b) any revised research priority plan.

17. Research priority plan to be published

The Institute must ensure that its research priority plan, as revised from time to time, is published.

18. Effect of research priority plan

The Institute must have regard to its research priority plan, as revised from time to time, when performing its functions.

Part 3 — Financial assistance

19. Applying for financial assistance

(1) A person may apply to the Institute for financial assistance to enable the person to undertake or participate in, or to engage or enable another person to undertake or participate in, minerals research or any other activity relevant to the Institute’s functions.

(2) An application under subsection (1) must —

(a) be in the form approved by the CEO; and

(b) be accompanied by the prescribed fee (if any).

(3) The Institute may require any information provided with an application under subsection (1) to be verified by a statutory declaration.

20. Institute may provide financial assistance

(1) On an application under section 19(1), the Institute may —

(a) provide to the applicant an amount of financial assistance specified by the Institute; or

(b) refuse the application.

(2) The Institute may provide financial assistance whether or not an application is made under section 19(1).

(3) The Institute may impose such terms and conditions as it thinks fit in relation to financial assistance provided under this Act.

21. Institute may require information

(1) The Institute may, by written notice given to a person to whom it has provided financial assistance, require the person to provide to the Institute, within the period specified in the notice, any information relating to —

(a) any minerals research or other activity for which the financial assistance was provided; or

(b) the financial assistance provided to the person.

(2) A notice under subsection (1) must specify the information to be provided and the period within which it must be provided.

(3) The Institute may require any information provided in response to a notice under subsection (1) to be verified by a statutory declaration.

(4) A person given a notice under subsection (1) must comply with it.

Penalty: a fine of $20 000.

22. False or misleading information

(1) A person must not do any of the things set out in subsection (2) —

(a) in relation to an application under section 19(1); or

(b) in response to a notice under section 21(1).

Penalty: a fine of $20 000.

(2) The things to which subsection (1) applies are —

(a) making a statement which the person knows is false or misleading in a material particular; or

(b) making a statement which is false or misleading in a material particular, with reckless disregard as to whether or not the statement is false or misleading in a material particular; or

(c) providing, or causing to be provided, information that the person knows is false or misleading in a material particular; or

(d) providing, or causing to be provided, information that is false or misleading in a material particular, with reckless disregard as to whether the information is false or misleading in a material particular.

23. Institute may terminate financial assistance

(1) In this section —

specified, in relation to a notice, means specified in the notice.

(2) The Institute may, by written notice given to a person to whom it has provided financial assistance, terminate the financial assistance if the person is convicted of an offence under this Act.

(3) The Institute may, by written notice given to a person to whom it has provided financial assistance, terminate the financial assistance if it is satisfied that the person —

(a) has failed to comply with —

(i) a provision of this Act; or

(ii) a term or condition imposed by the Institute in relation to the financial assistance;

(b) is unable to undertake or complete the minerals research or other activity for which the financial assistance was provided.

(4) Before giving a person a notice under subsection (3), the Institute must —

(a) give the person written notice of the proposal to terminate the financial assistance and the reasons for it; and

(b) advise the person that the person may within the specified period (which must be at least 14 days after the notice is received) make written submissions to the Institute as to why the financial assistance should not be terminated; and

(5) If the Institute gives a person a notice under subsection (2) or (3) the person must return to the Institute the specified amount within the specified period.

(6) Any amount not returned in accordance with subsection (5) is recoverable in a court of competent jurisdiction as a debt due to the Institute.

24. Review of decision to terminate financial assistance

A person aggrieved by a decision under section 23(3) to terminate financial assistance may apply to the State Administrative Tribunal for a review of the decision.

Part 4 — Administration

Division 1 — The board

Subdivision 1 — How board is constituted

25. Terms used

In this Subdivision —

deputy chairperson means the person designated under section 28(1) as the deputy chairperson of the board;

unable to act means unable to act as a member for any reason, including —

(a) illness; and

(b) absence; and

26. Board is governing body

(1) The Institute is to have a board.

(2) The board is the governing body of the Institute and, in the name of the Institute, is to perform the Institute’s functions.

27. Board membership

(1) The board is to consist of 7 members appointed by the Minister, of whom —

(a) at least one is to have recent or current experience in the minerals industry; and

(b) at least one is to have recent or current experience in the minerals research sector or any other research sector; and

(c) one is to be nominated by the chief executive officer of the department principally assisting in the administration of the Mining Act 1978; and

(d) each other member is to have knowledge of, and experience in, a field that is, in the opinion of the Minister, relevant to the Institute’s functions.

(2) The CEO is not eligible to be appointed as a member of the board.

28. Chairperson and deputy chairperson

(1) The Minister must designate one member to be the chairperson of the board and another to be the deputy chairperson of the board.

(2) If the chairperson is unable to act or if there is no chairperson, the deputy chairperson is to act in the chairperson’s place.

(3) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased.

29. Term of office

(1) A member holds office for such term, not exceeding 3 years, as is specified in the instrument of appointment.

(2) A member is eligible for reappointment but cannot hold office for more than 9 consecutive years.

30. Casual vacancies

(1) In this section —

misconduct includes conduct that renders the member unfit to hold office as a member even though the conduct does not relate to a duty of the office.

(2) The office of a member becomes vacant if the member —

(a) dies, resigns or is removed from office under this section; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under section 43(1).

(3) A member may at any time resign from office by written notice given to the Minister.

(4) The Minister may remove a member from office on the grounds of —

(a) neglect of duty; or

(b) misconduct or incompetence; or

(d) absence, without leave, from 3 consecutive meetings of the board of which the member has had notice.

31. Extension of term of office during vacancy

(1) If the office of a member becomes vacant because the member’s term of office expires by effluxion of time, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).

(2) Subsection (1) ceases to apply if the member resigns or is removed from office under section 30.

(3) The maximum period for which a member is taken to continue to be a member under this section after the member’s term of office expires is 3 months.

32. Leave of absence

The board may, on any terms and conditions it thinks fit, grant a member leave to be absent from office.

33. Alternate members

(1) If a member other than the chairperson is unable to act, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.

(2) If the deputy chairperson is unable to act in the chairperson’s place at a meeting —

(a) the members present may elect one of their number to act as chairperson; and

(b) subsection (1) applies as if the member elected were absent from the meeting.

(3) While acting in accordance with the appointment, the alternate member is taken to be, and to have any entitlement of, a member.

(4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

34. Remuneration and allowances

(1) Members are entitled to be paid out of the funds of the Institute any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.

(2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975, if that Act applies to the member.

Subdivision 2 — Board meetings

35. Holding meetings

(1) The first meeting of the board is to be convened by its chairperson, and subsequent meetings are to be held at times and places determined by the board.

(2) The board is to meet at least 3 times a year.

36. Quorum

Four members constitute a quorum.

37. Presiding member

The chairperson is to preside at a meeting of the board.

38. Procedure at meetings

The board is to determine its own meeting procedures to the extent that they are not fixed by this Act.

39. Holding meetings remotely

The presence of a person at a meeting of the board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

40. Voting

(1) At a meeting of the board, each member present has a deliberative vote unless section 44 prevents the member from voting.

(2) In the case of an equality of votes, the member presiding has a casting vote in addition to a deliberative vote.

(3) A question is resolved by a majority of the votes cast.

41. Resolution without meeting

A resolution in writing signed or otherwise assented to in writing by each member has the same effect as if it had been passed at a meeting of the board.

42. Minutes to be kept

The board must keep accurate minutes of its meetings.

Subdivision 3 — Disclosure of interests

43. Disclosure of material personal interest

(1) A member who has a material personal interest in a matter being considered or about to be considered by the board must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.

Penalty: a fine of $10 000.

(2) A disclosure under this section is to be recorded in the minutes of the meeting.

44. Voting by interested member

(1) A member who has a material personal interest in a matter that is being considered by the board —

(a) must not vote, whether at a meeting or otherwise, on the matter; and

(b) must not be present while the matter is being considered at a meeting.

(2) A reference in subsection (1)(a) or (b) to a matter includes a reference to a proposed resolution under section 45 in respect of the matter, whether relating to that member or a different member.

45. Section 44 may be declared inapplicable

Section 44 does not apply if —

(a) a member has disclosed under section 43 an interest in a matter; and

(b) the board has at any time passed a resolution that —

(i) specifies the member, the interest and the matter; and

(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.

46. Quorum where section 45 applies

(1) Despite section 36, if a member is disqualified under section 44 in relation to a matter, a quorum is present during the consideration of the matter if at least 3 members are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.

(2) The Minister may deal with a matter to the extent that the board cannot deal with it because of subsection (1).

Subdivision 4 — Execution of documents

47. Execution of documents

(1) A document is duly executed by the Institute if the common seal of the Institute is affixed to it in accordance with subsections (2) and (3).

(2) The common seal of the Institute is not to be affixed to any document except as authorised by the Institute.

(3) The common seal of the Institute is to be affixed to a document in the presence of any 2 members, each of whom is to sign the document to attest the common seal was so affixed.

(4) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

(5) When a document is produced bearing a seal purporting to be the common seal of the Institute, it is to be presumed that the seal is the common seal of the Institute unless the contrary is shown.

Division 2 — Staff

Subdivision 1 — CEO generally

48. CEO

(1) There is to be a chief executive officer of the Institute.

(2) The CEO is to administer the day‑to‑day operations of the Institute subject to the control of the board.

49. Effect of Institute being SES organisation

While the Institute is an SES organisation under the Public Sector Management Act 1994, the CEO is —

(a) its chief executive officer under that Act; or

(b) if section 44(2) of that Act applies, its chief employee under that Act.

50. Effect of Institute becoming non‑SES organisation

If the Institute becomes a non‑SES organisation under the Public Sector Management Act 1994, the CEO is to be its chief employee under that Act.

51. Appointment of CEO

(1) If section 49(a) applies, the CEO is to be appointed and hold office under the Public Sector Management Act 1994 Part 3.

(2) If section 49(b) or 50 applies —

(a) the CEO is to be appointed by the Governor; and

(b) sections 52 to 57 have effect with respect to the tenure, salary and conditions of service of the CEO and the other matters provided for in those sections.

Subdivision 2 — Provisions applying to CEO under section 49(b) or 50

52. Term used: CEO

In this Subdivision —

CEO means a CEO to whom section 49(b) or 50 applies.

53. Term of office and resignation

(1) Subject to this Act, the CEO holds office for a term, not exceeding 5 years, fixed by the instrument of appointment, and is eligible for reappointment once or more than once.

(2) The CEO may resign office by written notice delivered to the Governor.

54. Salary and entitlements

Subject to the Salaries and Allowances Act 1975, the CEO —

(a) is to be paid salary and allowances at such rates per annum as the Minister determines on the recommendation of the Public Sector Commissioner; and

(b) has the same annual leave, personal leave and long service leave entitlements as a permanent officer of the Public Service.

55. Entitlements of public service officer as CEO

(1) If a person occupied an office in the Public Service immediately before being appointed to the office of CEO —

(a) the person retains existing and accruing entitlements in respect of leave of absence as if service as CEO were a continuation of service in the office in the Public Service; and

(b) the person is entitled to be appointed to an office in the Public Service not lower in classification and salary than the office which the person occupied if —

(i) the person ceases to hold office as CEO on completion of a periodical appointment; and

(ii) at that time the person is eligible to occupy an office in the Public Service.

(2) If a person is appointed to an office in the Public Service under subsection (1)(b) the person retains existing and accruing leave entitlements as if service in the Public Service were a continuation of service in the office of CEO.

56. Removal from office

(1) In this section —

misconduct includes conduct that renders the CEO unfit to hold office as CEO even though the conduct does not relate to a duty of the office.

(2) The Governor may remove the CEO from office —

(a) for —

(i) neglect of duty; or

(ii) misconduct or incompetence; or

(iii) mental or physical incapacity, other than temporary illness, impairing the performance of the CEO’s duties;

(b) if the CEO is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

57. Other conditions of service

Subject to this Subdivision, the Governor may, on the recommendation of the Public Sector Commissioner, determine other terms and conditions of service (if any) that apply to the CEO.

Subdivision 3 — Other staff

58. Other staff

(1) Public service officers may be appointed under the Public Sector Management Act 1994 Part 3 to enable the Institute to perform its functions.

(2) The Institute may, subject to any relevant written law or any binding award, order or industrial agreement under the Industrial Relations Act 1979, employ or engage and manage staff otherwise than under the Public Sector Management Act 1994 Part 3.

(3) This section does not detract from the power that the Public Sector Management Act 1994 section 100 gives the employing authority of the Institute to engage a person under a contract for services or appoint a person on a casual employment basis.

59. Use of government staff and facilities

(1) The Institute may by arrangement with the relevant employing authority make use, either full‑time or part‑time, of the services of any officer or employee —

(a) in the Public Service; or

(b) in a State agency; or

(2) The Institute may by arrangement with —

(a) a department of the Public Service; or

(b) a State agency,

make use of any facilities of the department or agency.

(3) An arrangement under subsection (1) or (2) is to be made on terms agreed to by the parties.

Division 3 — Advisory committees

60. Advisory committees

(1) The Institute may —

(a) appoint any advisory committee it considers necessary to provide advice to the Institute in relation to the Institute’s functions; and

(b) appoint the members, and determine the functions, of each advisory committee; and

(2) An advisory committee must comply with all reasonable directions or requirements of the Institute, and otherwise may determine its own procedures.

(3) An advisory committee must keep minutes of its meetings to a standard approved by the Institute and provide the Institute with a copy of the minutes of each meeting.

61. Advice of advisory committees

The Institute, in performing its functions, must have regard to the advice provided to it by an advisory committee but does not have to —

(a) act on or give effect to the advice; or

(b) wait for the advice before taking action.

62. Remuneration

(1) Members of an advisory committee are entitled to be paid out of the funds of the Institute any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.

(2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975, if that Act applies to the member of an advisory committee.

Part 5 — Accountability and financial provisions

Division 1 — Accountability provisions

63. Minister may give directions

(1) The Minister may give written directions to the Institute with respect to the performance of its functions, either generally or in relation to a particular matter, and the Institute is to give effect to any such direction.

(2) The Minister must cause the text of any direction under subsection (1) to be laid before each House of Parliament, or dealt with under section 73, within 14 days after the direction is given.

(3) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Institute under the Financial Management Act 2006 Part 5.

64. Minister to be kept informed

The Institute must —

(a) keep the Minister reasonably informed of the operations, financial performance and financial position of the Institute; and

(b) give the Minister reports and information that the Minister requires for the making of informed assessments of matters referred to in paragraph (a).

65. Minister to have access to information

(1) In this section —

document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

information means information specified, or of a description specified, by the Minister that relates to the Institute’s functions.

(2) The Minister is entitled —

(a) to have information in the possession of the Institute; and

(b) if the information is in or on a document, to have, and make and retain copies of, that document.

(3) For the purposes of subsection (2) the Minister may —

(a) request the Institute to give information to the Minister; and

(b) request the Institute to give the Minister access to information; and

(4) The Institute must comply with a request under subsection (3).

Division 2 — Financial provisions

66. Application of Financial Management Act 2006 and Auditor General Act 2006

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in relation to the Institute and its operations.

67. Institute’s funds

(1) An account called the Minerals Research Account is established for the Institute.

(2) The Account is an agency special purpose account under the Financial Management Act 2006 section 16.

(3) Money received by the Institute is to be credited to, and money paid by the Institute is to be debited to, the Account.

(4) The funds available for the purpose of enabling the Institute to perform its functions consist of money that is lawfully received by, or made available to, the Institute.

68. Notice of financial difficulty

(1) The Institute must notify the Minister if it forms the opinion that the Institute is unable to, or will be unlikely to be able to, satisfy any of its financial obligations from the financial resources available to it or likely to be available to it at the time the financial obligation is due.

(2) The notice must be in writing, giving reasons for the Institute’s opinion.

(3) Within 7 days after receipt of the notice, the Minister must —

(a) confer with the Treasurer and the Institute for the purpose of determining what action is required to ensure that the Institute is able to satisfy the relevant financial obligation when it is due; and

(b) initiate such action as is required to ensure that the Institute is able to satisfy the relevant financial obligation when it is due.

Part 6 — Miscellaneous

69. Protection from liability for wrongdoing

(1) An action in tort does not lie against a person other than the Institute for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

(3) Despite subsection (1), neither the Institute nor the State is relieved of any liability that it might have for another person having done anything as described in that subsection.

(4) In this section, a reference to the doing of anything includes a reference to the omission to do anything.

70. Confidentiality of information under this Act

(1) Subsection (2) applies to a person —

(a) who is or has been a member of the board; or

(b) who is or has been a staff member; or

(2) A person to whom this subsection applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except —

(a) for the purpose of performing functions under this Act; or

(b) as required or allowed by this Act or under another written law; or

(d) for the purposes of proceedings in a court; or

(e) in prescribed circumstances.

Penalty: a fine of $100 000.

71. Confidentiality of information under repealed Acts

(1) In this section —

repeal day means the day on which section 75 comes into operation;

repealed 1977 Act means the Solar Energy Research Act 1977;

repealed 1981 Act means the Mining and Petroleum Research Act 1981;

repealed 1987 Act means the Act repealed by section 75.

(2) Subsection (3) applies to a person —

(a) who has been a director of the Board of the Minerals and Energy Research Institute of Western Australia (the 1987 Institute) established under the repealed 1987 Act; or

(b) who has acted in the office of the Board Chairman or a director of the 1987 Institute; or

(d) who has been an officer or employee of the 1987 Institute; or

(e) who has rendered services to the 1987 Institute under section 32 or 33 of the repealed 1987 Act; or

(f) to whom the 1987 Institute allocated funds to enable that person to undertake or continue a particular research project (within the meaning of the repealed 1987 Act) or any person directing, working with or assisting that person on that research project; or

(g) who has been a director of the Board of the Western Australian Mining and Petroleum Research Institute (the 1981 Institute) established under the repealed 1981 Act; or

(h) who has acted in the office of the Board Chairman or a director of the 1981 Institute; or

(i) has been a member or a deputy of a member of the Mining and Petroleum Advisory Committee established under the repealed 1981 Act; or

(j) has been an officer or employee of the 1981 Institute; or

(k) has rendered services to the 1981 Institute under section 29 or 30 of the repealed 1981 Act; or

(l) who has been the Chairman or a Director of the Solar Energy Research Institute of Western Australia (the 1977 Institute) established under the repealed 1977 Act; or

(m) who has acted in the office of the Chairman or a Director of the Board of the 1977 Institute; or

(n) has been a member or a deputy of a member of the Solar Energy Advisory Committee established under the repealed 1977 Act; or

(o) has rendered services to the 1977 Institute under section 29 or 30 of the repealed 1977 Act; or

(p) has been the liquidator holding office under section 38(1) of the repealed 1977 Act as the liquidator of the affairs of the 1977 Institute.

(3) A person to whom this subsection applies must not, directly or indirectly, disclose or make use of any information obtained in the course of duty except —

(a) as required or allowed by this Act or under another written law; or

(b) with the written consent of the person to whom the information relates; or

(d) in prescribed circumstances.

Penalty: a fine of $100 000.

72. Regulations

(1) The Governor may make regulations prescribing all matters that —

(a) are required or permitted by this Act to be prescribed; or

(b) are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting subsection (1), regulations may prescribe matters for or in respect of which fees may be charged under this Act and prescribe the amounts of such fees.

73. Laying documents before House of Parliament not sitting

(1) If the Minister is required under section 63(2) or 74(3) to cause a document to be laid before each House of Parliament, or be dealt with under this section, within a period and —

(a) when the Minister is ready to act, a House of Parliament is not sitting; and

(b) the Minister is of the opinion that the House will not sit during that period,

the Minister must transmit a copy of the document to the Clerk of that House.

(2) A copy of a document transmitted to the Clerk of a House is taken to have been laid before that House.

(3) The laying of a copy of a document that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

74. Review of Act

(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as is practicable after the fifth anniversary of the commencement of this section.

(2) In the course of the review the Minister must consider and have regard to —

(a) the effectiveness of the operations of the Institute; and

(b) the need for the continuation of the Institute’s functions; and

(3) The Minister must prepare a report based on that review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament or dealt with under section 73.

Part 7 — Repeal and consequential amendments

Division 1 — Minerals and Energy Research Act 1987 repealed

75. Minerals and Energy Research Act 1987 repealed

The Minerals and Energy Research Act 1987 is repealed.

Division 2 — Consequential amendments

76. Constitution Acts Amendment Act 1899 amended

(1) This section amends the Constitution Acts Amendment Act 1899.

(2) In Schedule V Part 3 delete the item for The Board of Directors of the Minerals and Energy Research Institute of Western Australia and insert:

The board of the Minerals Research Institute of Western Australia established under the Minerals Research Institute of Western Australia Act 2013.

77. Financial Management Act 2006 amended

(1) This section amends the Financial Management Act 2006.

(2) In Schedule 1 delete the item for Minerals and Energy Research Institute of Western Australia and insert:

Minerals Research Institute of Western Australia

78. Public Sector Management Act 1994 amended

(1) This section amends the Public Sector Management Act 1994.

(2) In Schedule 2 delete item 30 and insert:

30	Minerals Research Institute of Western Australia, established under the Minerals Research Institute of Western Australia Act 2013

Part 8 — Transitional and savings provisions for the Minerals and Energy Research Act 1987

Division 1 — Preliminary

79. Terms used

In this Part —

abolished Institute means the Minerals and Energy Research Institute of Western Australia established under the repealed Act;

asset means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description and includes any money, security, chose in action or document;

commencement day means the day on which section 75 comes into operation;

liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;

repealed Act means the Minerals and Energy Research Act 1987 as it was in force immediately before the commencement day;

right means any right, power, privilege or immunity whether actual, prospective or contingent.

80. Interpretation Act 1984 not affected

This Part does not affect the operation of the Interpretation Act 1984 Part V.

Division 2 — Transfer of abolished Institute’s assets, rights and liabilities

81. Assets, rights and liabilities

(1) On the commencement day —

(a) the assets and rights of the abolished Institute immediately before that day become, by force of this section, assets and rights of the Institute; and

(b) the liabilities of the abolished Institute immediately before that day become, by force of this section, liabilities of the Institute.

(2) On the commencement day, any account operated and maintained under section 6(2)(c) of the repealed Act is to be closed by the CEO and any moneys standing to the credit of that account are to be credited to the Account.

(3) On and after the commencement day, any proceedings that immediately before that day might have been brought or continued by the abolished Institute may be brought or continued by the Institute.

(4) On and after the commencement day, any remedy that immediately before that day is available against or to the abolished Institute is available against or to the Institute.

82. Investments

(1) The investment of any funds of the abolished Institute, that has an authority under section 27 of the repealed Act that is in effect immediately before the commencement day, continues to be authorised as if that Act had not been repealed.

(2) Any funds referred to in subsection (1) that cease to be invested as described in that subsection are to be credited to the Account.

83. Registration of documents

(1) In this section —

relevant official means —

(a) the Registrar of Titles under the Transfer of Land Act 1893; or

(b) the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856; or

(2) The relevant officials are to take notice of this Part and are to record and register in the appropriate manner the documents necessary to give effect to this Part.

84. Exemption from State tax

(1) In this section —

state tax includes duty chargeable under the Duties Act 2008 and any other tax, duty, fee, levy or charge, under a law of the State.

(2) State tax is not payable in relation to —

(a) anything that occurs by operation of this Part; or

(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

Division 3 — Transfer of CEO

85. Transfer of CEO

(1) The person who was chief executive officer of the abolished Institute immediately before the commencement day continues in office, under and subject to this Act and the Public Sector Management Act 1994, as the CEO.

(2) Subject to the Public Sector Management Act 1994, the employment of the CEO continues to be governed by the terms and conditions of employment that applied before the commencement day to that person as chief executive officer of the abolished Institute.

(3) Except as otherwise agreed by the person referred to in subsection (1), the operation of subsection (1) does not —

(a) affect the person’s remuneration; or

(b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, personal leave or any other leave; or

(d) interrupt the continuity of the person’s service.

Division 4 — Continuing effect of things done

86. Completion of things commenced

Anything commenced by the abolished Institute before the commencement day may be continued by the Institute so far as the doing of that thing is within the Institute’s functions.

87. Continuing effect of things done

Any act, matter or thing done or omitted to be done before the commencement day by, to or in respect of the abolished Institute, to the extent that it —

(a) has any force or significance; and

(b) is not governed by another provision of this Part,

is to be taken to have been done or omitted by, to or in respect of the Institute so far as the act, matter or thing is within the Institute’s functions.

88. Agreements and instruments generally

Any agreement or instrument subsisting immediately before the commencement day —

(a) to which the abolished Institute was a party; and

(b) which contains a reference to the abolished Institute,

has effect on and after the commencement day, to the extent to which the agreement or instrument relates to the Institute’s functions, as if —

(d) any reference in the agreement or instrument to the abolished Institute were, unless the context otherwise requires, amended to be or include a reference to the Institute.

89. Undetermined applications for financial assistance

(1) In this section —

undetermined application for financial assistance means an application for financial assistance made to the abolished Institute —

(a) that was made before the commencement day by a person undertaking or seeking to undertake a minerals research project (within the meaning of the repealed Act); and

(b) that, on the commencement day, had not been determined by the abolished Institute.

(2) On the commencement day an undetermined application for financial assistance —

(a) is to be taken to have been made to the Institute under section 19(1) of this Act; and

(b) is to be dealt with by the Institute in accordance with this Act.

90. Notices served under repealed Act

(1) A notice served on a person under section 34(1) of the repealed Act but not complied with before the commencement day is to be taken to be a notice served under section 21(1) of this Act and section 21 of this Act applies to and in relation to that notice accordingly.

(2) If a notice has been served on a person under section 34(3) of the repealed Act and, on the commencement day, any funds provided to the person and not expended by the person have not been recovered or received by the abolished Institute, section 23(6) of this Act applies to the funds as if financial assistance to the person had been terminated under section 23(2) or (3) of this Act.

Division 5 — Other transitional provisions

91. Transitional regulations

(1) If this Part does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of —

(a) the repeal of the Minerals and Energy Research Act 1987 under section 75; or

(b) an amendment made under Part 7; or

the Governor may make regulations (the transitional regulations) prescribing all matters that are required, necessary or convenient to be prescribed for dealing with the matter or issue.

(2) The transitional regulations may provide that a specified provision of this Act does not apply, or applies with specified modifications, to or in relation to any matter.

(3) If the transitional regulations provide that a state of affairs specified or described in the transitional regulations is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the transitional regulations are published in the Gazette but not earlier than the commencement of this section, the transitional regulations have effect according to their terms.

(4) If the transitional regulations contain a provision referred to in subsection (3), the provision does not operate so as —

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the regulations were published in the Gazette; or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations were published in the Gazette.

92. Savings

The operation of any provision of this Part is not to be regarded —

(a) as a breach of contract or confidence or otherwise as a civil wrong; or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or

(d) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or

(e) as causing any contract or instrument to be void or otherwise unenforceable; or

(f) as releasing or allowing the release of any surety.

Notes

1 This is a compilation of the Minerals Research Institute of Western Australia Act 2013 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title	Number and year	Assent	Commencement
Minerals Research Institute of Western Australia Act 2013	23 of 2013	18 Dec 2013	s. 1 and 2: 18 Dec 2013 (see s. 2(a)); Act other than s. 1 and 2: 1 Feb 2014 (see s. 2(b) and Gazette 14 Jan 2014 p. 43)
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 25	26 of 2016	21 Sep 2016	21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

1977 Institute 71(2)

1981 Institute 71(2)

1987 Institute 71(2)

abolished Institute 79

Account 3

advisory committee 3

asset 79

board 3

business arrangement 11(1)

CEO 3, 52

chairperson 3

commencement day 79

deputy chairperson 25

document 65(1)

information 65(1)

Institute 3

liability 79

member 3

mineral 3

minerals research 3

misconduct 30(1)

misconduct 56(1)

participate 11(1)

proposed revised plan 15

public authority 11(1)

relevant official 83(1)

repeal day 71(1)

repealed 1977 Act 71(1)

repealed 1981 Act 71(1)

repealed 1987 Act 71(1)

repealed Act 79

right 79

specified 23(1)

staff member 3

state tax 84(1)

transitional regulations 91(1)

unable to act 25

undetermined application for financial assistance 89(1)

Western Australia

Minerals Research Institute of Western Australia Act 2013

Western Australia

Minerals Research Institute of Western Australia Act 2013

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Terms used 1

Part 2 — Minerals Research Institute of Western Australia

Division 1 — Minerals Research Institute of Western Australia

Institute established 3
Institute to be State agency 3

Division 2 — Functions

Institute’s functions 3
Undertaking, procuring and managing minerals research projects 3
Providing financial assistance for minerals research and other activities 4
Keeping records about minerals research projects 4
Other functions 4

Division 3 — Powers

Institute’s powers 5
Minister and Treasurer to consider proposals under section 11(3)(a) 6
Delegation 6

Division 4 — Research priority plan

Research priority plan 7
Revised research priority plans 7
Minister to be given research priority plan 7
Research priority plan to be published 8
Effect of research priority plan 8

Part 3 — Financial assistance

Applying for financial assistance 9
Institute may provide financial assistance 9
Institute may require information 9
False or misleading information 10
Institute may terminate financial assistance 11
Review of decision to terminate financial assistance 12

Part 4 — Administration

Division 1 — The board

The Act operates through a small set of interlocking concepts. Those concepts determine who makes choices, where funds sit, what projects are supported, and how risks are managed.

Mineral and minerals research. The Act defines "mineral" broadly to capture inorganic substances and aggregates, and coal and similar organic substances, but expressly excludes petroleum or any hydrocarbon (definition of "mineral", s 3). "Minerals research" is defined as investigation to acquire new knowledge or systematic work drawing on existing knowledge directed to development of processes, techniques, methods, designs or apparatus to locate, extract, transport or market minerals (s 3). The statutory definition therefore frames the Institute’s remit around applied and knowledge development activities along the minerals supply chain, including commercialisation pathways.
Institute as State agency. The Institute is a State agency and an agent of the State, which confers state status and existing State immunities and privileges on the body (s 5). That status shapes liability rules (s 69) and interaction with public sector rules such as the Public Sector Management Act 1994 when the Institute is an SES organisation (s 49).
Functions and discretionary powers. The Institute’s functions are broad: to undertake, procure or manage research projects (s 7); to provide financial assistance to enable research or related activity (s 8); keep detailed records (s 9); collaborate, promote, foster and advise (s 10). Powers are correspondingly broad: the Institute has all powers necessary to perform its functions (s 11(2)), explicitly including participation in business arrangements and acquisition of equity interests (s 11(3)(a)), sponsorship arrangements (s 11(3)(b)), development and commercialisation of IP (s 11(3)(c)), and providing consultancy or services for profit (s 11(3)(d)).
Checks on commercial powers. The Act requires written agreement of the Minister before the Institute may exercise its power to participate in business arrangements of the kind involving acquisition of shares, units or other interests (s 11(3)(a) read with s 12(1)). The Minister must obtain the Treasurer’s approval before giving that written agreement (s 12(2)). Those provisions localise high‑risk commercial decisions to Ministerial and Treasurer oversight.
Research priority plan. The Institute must have, publish and have regard to a research priority plan identifying and prioritising medium to long term knowledge and technology needs of the State’s minerals industry (s 14; s 17; s 18). A process with public notice and a minimum 30‑day submissions period applies to revisions (s 15). The plan is not an operationally binding constraint but is a requirement the Institute must "have regard to" when performing its functions (s 18).
Financial assistance regime. Part 3 establishes how applicants apply for financial assistance (s 19), the Institute’s discretion to provide assistance or to refuse, and the ability to impose terms and conditions (s 20). The Institute may require information and statutory declaration verification from applicants and recipients, enforce provision of information by penalty (s 21), and terminate assistance and recover funds if statutorily required or if the recipient is convicted of an offence under the Act (s 23). False or misleading statements attract criminal penalties (s 22).
Governance architecture. The Institute is governed by a seven‑member board appointed by the Minister (s 27), including minimum representation of minerals industry and research sector experience (s 27(1)(a)-(b)), and one member nominated by the CEO of the department assisting the Mining Act 1978 (s 27(1)(c)). The board is the governing body and must perform the Institute’s functions in the Institute’s name (s 26). Board procedures, quorum, meeting frequency, conflict of interest disclosure and voting restrictions are specified (s 35-46).
Staffing and public sector interface. The CEO manages day‑to‑day operations subject to board control (s 48). The CEO’s employment circumstances depend on whether the Institute is an SES organisation under Public Sector Management Act 1994 (s 49-51). The Institute can second or use government staff and facilities by arrangement (s 59) and may employ staff outside public service constraints subject to other industrial law (s 58).
Financial control and accountability. The Financial Management Act 2006 and Auditor General Act 2006 apply to the Institute’s financial administration and audit (s 66). The Institute’s receipts and payments are credited and debited to a dedicated Minerals Research Account, an agency special purpose account (s 67). The Institute must notify the Minister if it expects financial difficulty and the Minister must confer with Treasurer and the Institute and initiate action (s 68).
Confidentiality and continuity. Board members, staff and advisory committee members are subject to confidentiality obligations with a maximum fine of $100 000 (s 70). The Act preserves confidentiality obligations from the repealed Acts and transfers assets, rights and liabilities from the abolished Institute to the new Institute (Part 8, s 81-84; s 71).

These concepts interact to create a statutory grant and research support vehicle that can also operate commercially, subject to Ministerial/Treasurer scrutiny for certain investments, and embedded within State public sector financial and administrative control systems.

The Act generates duties, rights and compliance obligations for a defined set of actors. Below are the principal affected parties and the concrete legal relationships created by the Act.

The Institute itself. The Institute is the legal person created by the Act (s 4). It is an agent of the State with the associated status and immunities (s 5). The Institute receives, holds and spends public funds through the Minerals Research Account (s 67). It is accountable to the Minister and must comply with Ministerial directions (s 63), with financial governance under the Financial Management Act 2006 and external audit by the Auditor General (s 66).
The Minister and Treasurer. The Minister has directional authority over the Institute: the Minister may issue written directions the Institute must give effect to, and directions are tabled before Parliament (s 63). The Minister is entitled to information held by the Institute and to copies of documents (s 65). The Minister must request Treasurer approval before agreeing to Institute participation in business arrangements that involve sharing or equity interests (s 12).
Board members. The board of seven members governs the Institute (s 26-27). Members are appointed by the Minister and must meet experience requirements (s 27). Board members must disclose material personal interests and are subject to voting restrictions and penalties for non‑compliance (s 43-44). Board members are paid remuneration and allowances from Institute funds as determined by the Minister on recommendation of the Public Sector Commissioner (s 34).
CEO and staff. The CEO administers day‑to‑day operations under board control (s 48). The CEO’s appointment, tenure and conditions depend on the Institute’s SES status under the Public Sector Management Act 1994 (s 49-51, Part 4 Div 2). The Institute may employ public service officers or contract staff, and may make use of public sector staff and facilities by arrangement (s 58-59). Staff are subject to confidentiality obligations (s 70).
Researchers and applicants for financial assistance. Individuals, companies and research institutions that conduct minerals research or propose projects are potential applicants under s 19. Applicants must use the form approved by the CEO and may be required to pay a prescribed fee (s 19(2)). They must supply information, which may be required to be verified by statutory declaration (s 19(3); s 21(3)). False or misleading information in an application or in response to a s 21 notice attracts a fine of $20 000 (s 22). Successful recipients will be subject to any terms and conditions the Institute imposes and to information obligations under s 21. If assistance is terminated, recipients may be required to repay specified amounts and the Institute may recover unpaid amounts in court (s 23).
Advisory committee members. The Institute may appoint advisory committees and members of those committees; they give advice that the Institute must have regard to but is not obliged to follow (s 60-61). Advisory committee members are also subject to confidentiality obligations and may be paid remuneration from Institute funds (s 62).
The abolished Minerals and Energy Research Institute and counterparties. Transitional provisions transfer assets, rights and liabilities from the abolished Institute to the new Institute (s 81). Existing agreements, in‑flight grant applications and notices served under the repealed Act generally transfer and are to be dealt with under the new Act (s 86-90).
The public and industry stakeholders. The research priority plan is subject to publication and public consultation for revisions (s 15; s 17), so industry, universities, and other stakeholders are affected by the Institute’s priority setting. The Institute’s power to exploit IP and contract for consultancy services (s 11(3)(c) and (d)) means private sector entities operating in those markets may face a government actor as competitor or commercial partner.
Courts and tribunals. The Act creates rights to recover unpaid amounts in courts (s 23(6)) and provides for review of termination decisions by the State Administrative Tribunal (s 24). The courts may also be asked to enforce confidentiality, investigate breaches of disclosure or false information, and adjudicate disputes arising from the Institute’s actions.

Who pays. The Act contemplates public funding and receipts being held in the Minerals Research Account (s 67). Recipients of financial assistance may be required to return funds when assistance is terminated (s 23(5)) and the Institute may recover unpaid amounts in court (s 23(6)). The Institute may also generate revenue through consultancy services and commercialisation of IP (s 11(3)(c)-(d)), so some activity costs may be offset by commercially generated income.

Who decides. The Institute’s board makes governance decisions and the CEO administers day‑to‑day matters (s 26; s 48). The Minister has oversight and direction powers (s 63) and must approve certain commercial participations via the Treasurer (s 12). The board appoints advisory committees (s 60) and determines their remit. Decisions to terminate assistance are made by the Institute subject to notice and submissions procedures (s 23(4)) and are reviewable by the State Administrative Tribunal (s 24).

This section organises the principal statutory duties and rights created by the Act. Citations are to the relevant sections.

Institute duties and operational duties

Perform functions to foster and promote minerals research for the benefit of the State (s 6). The Act enumerates functions such as undertaking, procuring or managing research projects (s 7); providing financial assistance (s 8); keeping detailed records about each project and its outputs (s 9); and conferring, collaborating, maintaining current knowledge, promoting public awareness and advising the Minister (s 10).
Maintain and publish a research priority plan and have regard to it when performing functions (s 14; s 16; s 17; s 18). Revisions must follow a specified public notice and submissions process (s 15).
Keep accurate records of meetings and of research projects, including amounts, work done and how outputs relate to identified needs (s 9; s 42).
Observe financial governance under the Financial Management Act 2006 and submit to audit by the Auditor General under the Auditor General Act 2006 (s 66).
Operate the Minerals Research Account and ensure money received or paid is credited and debited to that Account (s 67(1)-(3)). Funds available for the Institute’s functions are any money lawfully received or made available to the Institute (s 67(4)).
Notify the Minister if the Institute anticipates inability to satisfy financial obligations and co‑operate with the Minister and Treasurer to address financial difficulty (s 68).

Powers and discretions

Provide financial assistance to persons to enable participation in minerals research and related activities, whether on application or at the Institute’s initiative, and impose terms and conditions (s 8; s 20(1)-(3)). The Institute can require information and verification from grant recipients (s 21).
Enter into business arrangements, acquire and dispose of equity or interests in business arrangements, enter sponsorship arrangements, commercialise IP, and provide fee‑for‑service consultancy and management services (s 11(3)(a)-(d)). However, the Institute must obtain the Minister’s written agreement before exercising the equity/acquisition power and the Minister must obtain the Treasurer’s approval (s 12).
Delegate powers to staff in writing (s 13). Delegates may not subdelegate (s 13(3)).

Ministerial and parliamentary rights

The Minister may give written directions the Institute must give effect to (s 63(1)). Directions are to be laid before each House of Parliament within 14 days or dealt with under s 73 (s 63(2)).
The Minister has the right to receive information and documents from the Institute, to request access and to request staff assistance to obtain information (s 65). The Institute must comply (s 65(4)).
Parliament receives reports of directions and a review of the Act after five years, with the Minister required to lay a review report before each House (s 63(3); s 74).

Board and member duties and rights

The board is the Institute’s governing body and must perform the Institute’s functions in the Institute’s name (s 26). Members are appointed by the Minister for up to three years, are eligible for reappointment but limited to nine consecutive years (s 29).
Members must disclose material personal interests as soon as reasonably practicable at a meeting (s 43(1)) and disclosures must be recorded in minutes (s 43(2)). A member with a material personal interest must not vote or be present while the matter is considered (s 44(1)). Breach of disclosure carries a $10 000 fine (s 43(1) penalty).
Section 45 permits the board to pass a resolution that a disclosed interest is trivial or insignificant and therefore not disqualifying, but that resolution must identify the member, the interest and the matter and the basis for the board’s conclusion (s 45).
The board determines its procedures, must meet at least three times a year (s 35), and quorum is four members (s 36). Minutes must be kept (s 42).

Applicant and recipient duties and rights

Applicants must apply in the form approved by the CEO and pay prescribed fees if any (s 19(2)). The Institute may require verification by statutory declaration (s 19(3)).
The Institute may require recipients to provide information related to the project or the financial assistance within a specified period; the Institute can require verification by statutory declaration (s 21). Failure to comply with a s 21 notice is an offence carrying a $20 000 fine (s 21(4) penalty).
Making false or misleading statements in applications or responses to s 21 notices is an offence with a $20 000 fine (s 22).
The Institute may terminate assistance where a recipient is convicted under the Act, has failed to comply with the Act or a term of the grant, or is unable to undertake or complete the project; procedural steps apply before termination including notice and opportunity to make written submissions (s 23(2)-(4)). Those termination decisions are reviewable by the State Administrative Tribunal (s 24).
On termination, recipients must return specified amounts within a specified period; unpaid amounts are recoverable in court as a debt (s 23(5)-(6)).

Confidentiality, liability and penalties

Board members, staff and advisory committee members must not record, disclose or use information obtained in the course of duty except for limited purposes (performing functions under this Act, required or allowed by law, with the written consent of the person to whom the information relates, for court proceedings, or in prescribed circumstances). Breach attracts a penalty of up to $100 000 (s 70).
Persons who acted in good faith in performing functions under the Act are protected from tort actions; the protection does not extend to the Institute or the State being relieved of liability (s 69).
The Act preserves confidentiality obligations arising under the repealed Acts for persons connected to legacy Institutes and imposes a $100 000 penalty for breaches (s 71).

Procedural and review rights

Decisions to terminate assistance are subject to minimum notice and opportunity to make submissions and are reviewable by the State Administrative Tribunal (s 23(4); s 24).
The Minister must lay directions before Parliament and include the text in the Institute’s annual report under the Financial Management Act 2006 Part 5 (s 63(2)-(3)). The Minister must also cause a review of the Act’s operation as soon as practicable after the fifth anniversary and lay that review report before Parliament (s 74).

The Act sets out a set of criminal and civil enforcement mechanisms directed at compliance with information, disclosure and confidentiality requirements, enforces financial accountability via recovery mechanisms and public sector financial governance, and creates Ministerial and tribunal oversight. The provisions disaggregate as follows.

Penal provisions and monetary fines

False or misleading statements. Making a statement that the person knows is false or misleading in a material particular, or making such a statement with reckless disregard, or providing or causing to be provided information that the person knows is false or misleading (or with reckless disregard) in relation to an application under s 19 or in response to a s 21 notice, is an offence with a penalty of $20 000 (s 22(1)-(2)).
Failure to comply with an information notice. A person given a notice under s 21(1) requiring information must comply; failure to do so attracts a $20 000 fine (s 21(4)).
Disclosure of material personal interest. A member who fails to disclose a material personal interest as soon as possible after learning the relevant facts may be liable to a fine of $10 000 (s 43(1)).
Confidentiality breaches. Persons who are or have been board members, staff or members of advisory committees must not record, disclose or make use of information obtained in the course of duty except in limited circumstances. Breaches attract a fine of $100 000 (s 70(2)). A separate but similar confidentiality protection preserves information covered by prior Acts and imposes the same $100 000 maximum penalty (s 71).
The Act does not specify imprisonment for these contraventions; penalties are expressed as pecuniary fines.

Enforcement mechanisms and civil recovery

Termination and recovery of funds. The Institute may terminate financial assistance where the recipient is convicted of an offence under the Act, has breached the Act or grant terms, or is unable to perform the funded project (s 23(2)-(3)). The Institute must give notice, reasons and an opportunity to make written submissions before terminating (s 23(4)). On termination the recipient must return the specified amount within the specified period and any amount not returned is recoverable in a court of competent jurisdiction as a debt due to the Institute (s 23(5)-(6)). This creates a civil recovery route for grant overpayments or improperly used funds.
Fines and prosecutions. The monetary penalties in the Act are criminal or regulatory offences; the Act does not detail prosecutorial arrangements but penalties will be enforced under normal prosecutorial processes in WA.
Judicial and tribunal review. A person aggrieved by a decision under s 23(3) to terminate financial assistance may apply to the State Administrative Tribunal for review (s 24). The Act also allows the Institute to pursue unpaid amounts in court (s 23(6)). Other decisions of the Institute potentially amenable to judicial review will depend on general administrative law principles; the Act provides specific statutory review for termination decisions.
Ministerial oversight. The Minister may give directions the Institute must comply with (s 63(1)). The Minister must lay directions before Parliament (s 63(2)) and include them in the Institute’s annual report (s 63(3)), creating a political and parliamentary enforcement channel for policy compliance.
Financial oversight and audit. The Institute’s financial administration is subject to the Financial Management Act 2006 and audit by the Auditor General under the Auditor General Act 2006 (s 66). The Auditor General’s powers and reporting create additional enforcement and transparency mechanisms for improper or irregular financial conduct.
Protection from tort claims. The Act protects persons other than the Institute from tort actions for acts done in good faith in performance or purported performance of functions under the Act (s 69(1)). This limits private tort liability for contractors and staff acting in good faith but does not remove the Institute’s or State’s liability (s 69(3)).

Practical enforcement dynamics and triggers

Information and verification notices are a primary compliance lever: the Institute may compel information and verification by statutory declaration, and failure to comply or providing false information carries significant fines (s 21; s 22). These provisions are the statutory mechanism to monitor and police use of grant funds and project progress.
Termination for breach is proceduralised: the Institute must notify, provide reasons and allow at least 14 days for written submissions before terminating assistance on grounds in s 23(3). That procedure aims to embed natural justice and creates a clear administrative decision that is reviewable by the SAT (s 24).
The Institute’s power to recover unpaid amounts as a debt (s 23(6)) provides a direct civil enforcement route that complements criminal penalties for false statements and failure to provide information.
Ministerial directions and the public reporting obligations provide political and parliamentary enforcement: directions must be tabled and included in annual reports (s 63), and the Institute’s financial position must be reported and can trigger Minister/Treasurer intervention under s 68 if financial difficulty is forecast.

In aggregate, the statutory regime relies on information requests, statutory penalties for misinformation, administrative termination with review rights, and standard public sector financial audit and parliamentary oversight to enforce compliance.

The Act expressly incorporates, amends or sits alongside several other Western Australian statutes and general administrative law principles. The key interactions are concrete and specified.

Public Sector Management Act 1994. The Institute’s staffing model and the CEO’s employment relationship are tied to the Public Sector Management Act 1994. If the Institute is declared an SES organisation, the CEO is the Institute’s chief executive officer under that Act (s 49). If not, the CEO is the chief employee under that Act (s 50). Where the CEO is appointed under section 49(a) the CEO is appointed and holds office under Public Sector Management Act Part 3 (s 51(1)). Section 58 allows appointment of public service officers under the Public Sector Management Act Part 3. The Institute may use public servants and facilities by arrangement (s 59) and those arrangements must observe the employing authority’s terms.
Financial Management Act 2006 and Auditor General Act 2006. The Financial Management Act and Auditor General Act provisions regulating financial administration, audit and reporting of statutory authorities apply to the Institute (s 66). The Minerals Research Account is established as an agency special purpose account under the Financial Management Act s 16 (s 67(2)). The Institute’s accountable authority must comply with FM Act reporting requirements, including inclusion of Ministerial directions in annual reports (s 63(3)).
Interpretation Act 1984. The Act’s transitional Part 8 explicitly preserves the operation of Part V of the Interpretation Act 1984 (s 80). The Interpretation Act definitions are therefore relevant to interpreting transition provisions and statutory operation more broadly.
Duties Act 2008 and state taxation. Section 84 provides that state tax, including duty under the Duties Act 2008, shall not be payable in relation to anything that occurs by operation of the transitional Part or in giving effect to that Part. The transitional exemption addresses conveyancing, registration and transfer costs arising from the statutory transfer of assets and rights from the abolished Institute to the new Institute (s 84).
Constitution Acts Amendment Act 1899 and administrative schedules. The Act amends Schedule V Part 3 of the Constitution Acts Amendment Act 1899 to replace references to the Board of Directors of the repealed Institute with the board of the Minerals Research Institute established under this Act (s 76). This is a consequential amendment recognising the new statutory body in constitutional schedules.
Public sector remuneration statutes. Remuneration and allowances for board members and advisory committee members are determined by the Minister on recommendation of the Public Sector Commissioner, subject to the Salaries and Allowances Act 1975 if that Act applies to the member (s 34; s 62). CEO salary and entitlements are also subject to the Salaries and Allowances Act 1975 (s 54).
State Administrative Tribunal. The Act provides statutory review access to the State Administrative Tribunal for persons aggrieved by a decision to terminate financial assistance under s 23(3) (s 24). That creates a statutory tribunal route distinct from general judicial review.
Repealed Acts and transitional continuity. The Minerals and Energy Research Act 1987 is repealed (s 75) and extensive transitional provisions in Part 8 transfer assets, liabilities, in‑flight proceedings and undetermined applications (s 81-89). The Act also preserves confidentiality protections arising under the repealed 1977, 1981 and 1987 Acts for persons connected to those legacy Institutes (s 71). The transitional regulations power allows modification to avoid unfair prejudice within limits (s 91).
Commonwealth laws and intergovernmental arrangements. The Act permits the Institute to act in conjunction with other government agencies or instrumentalities of the Commonwealth (s 11(4)(b)). That provision enables formal cooperative projects or shared funding arrangements but does not itself create funding obligations.
Criminal and civil procedure. The Act uses normal court structures for recovery of unpaid amounts as a debt (s 23(6)) and the penalty regime for offences will be enforced under WA criminal procedure rules.

Practical interaction points and consequences

If the Institute wishes to invest in or acquire an equity interest in a business arrangement, Ministerial agreement and Treasurer approval are required (s 12). That ties certain commercial decisions to central budgetary and fiscal oversight, which will intersect with Treasury policy and possibly with Financial Management Act obligations regarding investment of public funds.
The Institute’s financial systems and reporting must conform to the Financial Management Act and Auditor General Act. This will require the Institute to operate as a statutory authority in reporting, audit, procurement and appropriation terms, and means its internal controls should be designed to meet FM Act requirements (s 66; s 67).
Employment arrangements for the CEO and staff may be varied by the Institute’s classification under the Public Sector Management Act; the Act provides for direct Governor appointment if the Institute is not an SES organisation (s 51(2)). That creates potential administrative complexity when the Institute’s classification changes.
The confidentiality penalties and protection from tort liability must be considered together. Persons acting in good faith are protected from tort claims (s 69) while still being bound by strict confidentiality obligations enforced by high pecuniary penalties (s 70). This mix affects consultants, Crown employees and contractors engaged by the Institute.
The Act preserves ongoing contractual relationships from the repealed institute. Parties to agreements with the abolished Institute should expect continuity under the transitional transfer provisions but must check for any modifications enabled by transitional regulations (s 81; s 91).

The Act as provided includes the original Minerals Research Institute of Western Australia Act 2013 and a later amendment recorded in the compilation table. The concrete amendment record in the source is as follows.

Minerals Research Institute of Western Australia Act 2013 (No 23 of 2013). The Act received assent on 18 December 2013. Sections 1 and 2 (short title and commencement) commenced on assent day (18 December 2013). The remainder of the Act commenced on a proclamation date; the compilation notes that the rest of the Act commenced on 1 February 2014 (Gazette 14 January 2014 p. 43) in accordance with s 2(b).
Local Government Legislation Amendment Act 2016, Part 3 Division 25 (No 26 of 2016). The compilation table records this amending instrument as assented on 21 September 2016 and commenced 21 January 2017. In the Act text, a notation indicates that section 11 was amended by No. 26 of 2016 s. 76. The visible effect in the body of the Act is that s 11 includes the definition of "public authority" and that subsection (4) was added to allow the Institute to act in conjunction with other government agencies or Commonwealth instrumentalities. The compilation table shows the amending instrument and commencement date, but the Act text does not display the legislative history for every inserted phrase beyond the editorial bracket "Section 11 amended: No. 26 of 2016 s. 76."
Consequential amendments enacted in this Act. Part 7 makes consequential amendments to other Acts as a consequence of establishing the Institute and repealing the 1987 Act. Notable consequential amendments include:
- Amendment to the Constitution Acts Amendment Act 1899 Schedule V Part 3 replacing references to the board of the Minerals and Energy Research Institute of Western Australia with the board of the Minerals Research Institute established under this Act (s 76).
- Amendment to the Financial Management Act 2006 Schedule 1 to replace the entry for Minerals and Energy Research Institute of Western Australia with Minerals Research Institute of Western Australia (s 77).
- Amendment to the Public Sector Management Act 1994 Schedule 2, item 30, with updated identification for the Institute (s 78).
Transitional provisions. Part 8 contains transitional and savings provisions that have continuing legal effect and that preserve and transfer assets, rights and liabilities from the abolished Institute to the new Institute (s 81), continue investments authorised under the repealed Act (s 82), preserve CEO employment terms (s 85), and provide for undetermined applications and notices under the repealed Act (s 89-90).

No other amendments are listed in the provided text or compilation table. The Act mandates a statutory review of its operation and effectiveness as soon as practicable after the fifth anniversary of the commencement of the review section, with the Minister required to prepare a report and lay it before Parliament (s 74). That review obligation establishes an obligation on the Minister to assess the Act and may lead to subsequent amendments post‑review.

Users should consult the Western Australian legislation database or consolidated statute for any amendments beyond the two instruments recorded in the compilation table.

The source text does not list or refer to any judicial decisions or tribunal determinations concerning the Minerals Research Institute of Western Australia Act 2013. There are, however, explicit procedural and review pathways that create potential avenues for litigation and tribunal proceedings:

State Administrative Tribunal review. The Act gives an applicant aggrieved by a decision under s 23(3) to terminate financial assistance the right to apply to the State Administrative Tribunal for review (s 24). That creates a statutory tribunal pathway where disputes about grant termination can be litigated on administrative law grounds.
Court recovery of debts. The Institute may recover unpaid amounts, including funds not returned following termination of assistance, in a court of competent jurisdiction as a debt (s 23(6)). Litigation in ordinary courts may therefore arise from grant recovery actions.
Confidentiality and disclosure offences. The Act attaches civil monetary penalties up to $100 000 for breaches of the confidentiality provisions (s 70 and s 71). Enforcement and interpretation of those provisions could give rise to proceedings in criminal or civil courts, depending on prosecutorial choices and statutory enforcement mechanisms.
Judicial review of other administrative actions. Although not specified by the Act, decisions by the Institute or Ministerial directions may be subject to judicial review under general administrative law principles, depending on the nature of the decision, the presence or absence of alternative statutory review mechanisms, and the affected party’s circumstances. The Act expressly provides SAT review for termination decisions (s 24), but other decisions may remain liable to judicial review.
Auditor and public law enforcement. The Institute’s financial statements and activities are subject to audit by the Auditor General under the Auditor General Act 2006 (s 66). Auditor reports can precipitate parliamentary scrutiny and potential legal or administrative action, though the Act does not itself create litigation from audit outcomes.

Because the statutory text does not contain a litigation history, practitioners will need to search court and tribunal databases, administrative decisions published by the State Administrative Tribunal, and Auditor General reports to identify any case law or authoritative decisions arising from the Act’s operation. Key procedural provisions to watch in any litigation are the notice and submission requirements for termination (s 23(4)), the obligation to keep records about projects (s 9), and the confidentiality prohibitions (s 70-71), as these create discrete factual and legal issues likely to recur in disputes.

The Act contains a number of features that create operational, compliance and legal risks if overlooked. Below are concrete "gotchas" drawn from the statutory text and how they operate.

Minister/Treasurer approvals for equity participation (s 11(3)(a); s 12). The Institute’s broad power to participate in business arrangements and to acquire shares or interests is subject to a procedural precondition: the Institute must obtain the Minister’s written agreement before exercising s 11(3)(a) powers and the Minister must obtain the Treasurer’s approval before giving that agreement (s 12). Failure to secure those approvals before taking equity positions would turn otherwise authorised acts into unauthorised ones. Practically, directors and staff must identify proposed equity participations early and plan for Ministerial and Treasury processes.
Confidentiality penalties are high and broad (s 70; s 71). Board members, staff and advisory committee members are prohibited from recording, disclosing or using information obtained in the course of duty except in limited circumstances, with a penalty of up to $100 000. The secrecy obligations also capture legacy information from the repealed Acts (s 71). Organisations must therefore have strong information governance systems, clear consent forms, and rigorous training to avoid breaches.
False or misleading information offences and strict verification regime (s 19(3); s 21(3); s 22). The Institute may require statutory declaration verification of application material or of information provided in response to a s 21 notice (s 19(3); s 21(3)). False or misleading statements or provision of false or misleading information attracts a $20 000 fine (s 22). Applicants and recipients must therefore ensure that statements are accurate and that any persons preparing statutory declarations are briefed on the higher evidentiary and criminal‑law consequences of false statements.
Termination procedure is prescriptive but limited (s 23(3)-(4)). Before termination, the Institute must give written notice of the proposal to terminate, state reasons and allow at least 14 days for written submissions (s 23(4)). However, the Act does not prescribe an internal appeal process beyond SAT review for termination decisions (s 24), so recipients who fail to make an adequate written submission in the 14‑day window may find their remedies limited to SAT review and civil litigation.
Research priority plan is influential but not binding (s 14; s 18). The Institute must have and publish a research priority plan and "have regard to" it when performing its functions (s 14; s 18). The plan shapes priorities and public expectations but does not legally bind the Institute. Stakeholders should therefore treat the plan as a policy tool rather than a legally enforceable entitlement.
Institute may operate competitively (s 11(3)(d)). The Act authorises the Institute to provide consultancy, management, advisory or other services for profit (s 11(3)(d)). This creates potential commercial overlap with private sector service providers. Businesses should note that the Institute can be both a funder and a market participant, which may raise conflict-of-interest and competition questions in practice.
IP commercialisation powers are broad but not prescriptive (s 11(3)(c)). The Institute may develop and turn to account any technology, software, resource or intellectual property and apply for, hold, exploit and dispose of IP (s 11(3)(c)). The Act does not specify default ownership of IP arising from funded projects, nor does it prescribe grants’ IP terms. Parties entering funding arrangements should carefully document IP ownership, licences, background IP, and publication rights because the Institute has legal capacity to hold and exploit IP.
Delegation non‑subdelegation rule (s 13(3)). Delegations from the Institute to a staff member must be in writing (s 13(2)), and a person to whom a power is delegated cannot delegate that power further (s 13(3)). Delegation chains therefore require careful execution and recording to avoid invalid decision‑making.
Quorum rules and conflicts of interest (s 36; s 43-46). Quorum is four members (s 36). Where members are disqualified under s 44 for material personal interests, s 46 sets out the quorum for consideration of that matter, requiring at least three members entitled to vote on any motion; if s 46(1) cannot be satisfied, the Minister may deal with the matter (s 46(2)). Boards contemplating matters likely to trigger multiple conflicts should plan for alternate members, Ministerial involvement, or postponement.
Continuity obligations and transitional traps. Transitional provisions transfer assets, liabilities and in‑flight applications from the abolished Institute to the new Institute (s 81; s 89). However, parties should check whether any existing agreements contain assignment restrictions, third party consents or other conditions that may require action to preserve rights. Section 92 saves parties from the change in beneficial ownership being treated as a breach of contract or confidence, but practical steps are still necessary to re‑register, reassign or update counterparties.
Minister directions and parliamentary tabling (s 63). The Minister may issue directions the Institute must give effect to (s 63(1)) and the text of directions must be tabled before Parliament and included in the Institute’s annual report (s 63(2)-(3)). Directions can alter operational priorities quickly and create administrative obligations; the Institute must maintain record systems to ensure directions and compliance are traceable.
CEO appointment complexity (s 49-57). Whether the CEO is appointed under the Public Sector Management Act 1994 or by Governor depends on the Institute’s SES classification. Different appointment, tenure, removal and employment protection rules apply (s 49-56). Parties negotiating CEO employment terms or secondments should identify which regime applies.

Each "gotcha" above is drawn directly from the Act’s provisions. Institutions, potential grantees, board members and advisers should map these points into their governance, legal and operational checklists before committing funds or commencing projects under the Institute.

The Act creates discrete compliance obligations for the Institute, its board and staff, applicants and recipients. Below are practical steps, aligned to statutory provisions, to reduce legal and operational risk.

Institutional governance and recordkeeping (s 26; s 9; s 42).
- Board: ensure seven members are appointed with required experience (s 27). Maintain appointment instruments specifying term lengths not exceeding three years, with reappointment tracking to enforce the nine consecutive year cap (s 29).
- Meetings: hold at least three board meetings per year (s 35). Keep accurate minutes of all meetings (s 42), and record any disclosures of material personal interests (s 43(2)).
- Records: maintain detailed records for each minerals research project, including amounts and nature of financial assistance, recipient details, work performed and outputs and their relation to the research priority plan (s 9). Adopt document management and retention policies aligned to the Financial Management Act and audit readiness (s 66; s 67).
Preparing and revising the research priority plan (s 14-18).
- Draft and publish a research priority plan identifying medium to long term knowledge and technology needs; ensure public availability (s 14; s 17).
- For revisions, prepare a proposed revised plan, publish it, publish a notice inviting submissions with a minimum 30‑day window, and consider submissions before finalising the plan (s 15). Document the consultation process and how submissions were considered to defend against stakeholder disputes.
Financial assistance application and administration (s 19-24).
- Application form: use the CEO‑approved form and publish it publicly (s 19(2)). Make any prescribed fees clear (s 19(2)(b); regulations may set fees under s 72).
- Verification: where required, obtain statutory declarations to verify application material (s 19(3)) and document the verification process.
- Terms and conditions: when granting assistance, specify clear, written terms and conditions including reporting obligations, milestones, IP arrangements and repayment triggers (s 20(3); s 23).
- Information notices: if issuing s 21 notices, specify the information required and the period for compliance, and require statutory declaration verification where appropriate (s 21(1)-(3)). Track compliance and have templates for s 21 notices to be consistent and defensible.
- False statements: ensure applicants and recipients have legal warnings about the penalties under s 22 for false or misleading statements and that statutory declaration processes are explained.
- Termination process: before terminating assistance under s 23(3), prepare written notice stating the proposal and reasons, allow at least 14 days for written submissions and objectively consider submissions before issuing termination. Retain records of reasons and submissions for SAT review (s 23(4); s 24).
Confidentiality and information management (s 70; s 71).
- Secure handling: implement access controls, confidentiality clauses in employment contracts and consultant agreements, and clear data classification and sharing policies to ensure compliance with s 70(2) exceptions.
- Consent management: obtain written consent from persons whose information is used where needed under s 70(2)(c). Record consents and retain them centrally.
- Legacy confidentiality: for persons and matters falling under s 71, map those records and apply the same confidentiality regime. Train former and current staff on continuing obligations.
- Response to lawful disclosure requests: prepare procedures for responding to lawfully required disclosures, court processes, and Ministerial information requests (s 65; s 70(2)(d)).
Board conflicts of interest and voting (s 43-46).
- Disclosure process: require immediate disclosure of material personal interests at meetings and record disclosures in minutes (s 43(1)-(2)). Provide a template register of interests.
- Voting restrictions: enforce the statutory prohibition on voting or being present when the matter is considered (s 44).
- Triviality resolution: if seeking to rely on s 45 to allow a conflicted member to participate, ensure the board passes a resolution that specifies the member, the interest and the matter, and records findings that the interest is trivial or insignificant.
- Quorum planning: maintain alternate members or plan meeting schedules to ensure quorum is available where conflicts might disqualify members; if quorum cannot be achieved for a matter, the Minister may deal with it (s 46).
Financial controls and audit readiness (s 66-68).
- Account management: operate the Minerals Research Account for all receipts and payments (s 67). Maintain segregation of duties, cash flow forecasting and reconciliation processes to satisfy the Financial Management Act and Auditor General (s 66).
- Financial difficulty: if the Institute forecasts inability to meet obligations, notify the Minister in writing with reasons (s 68(1)-(2)) and be ready to collaborate with Treasurer and Minister to implement remedial actions within seven days (s 68(3)).
- Procurement and investments: for commercial activities or investments consider FM Act rules on investment, procurement and risk, and obtain required approvals under s 12 for equity participations.
Ministerial directions and parliamentary reporting (s 63).
- Compliance systems: register, track and implement any Ministerial directions issued under s 63. Ensure directions are published and included in annual reporting as required (s 63(2)-(3)).
- Transparency: prepare to include directions in annual reports and take steps to ensure any directions’ implementation is auditable.
Delegations and decision‑making (s 13).
- Make delegations in writing and maintain a delegation register. Remember that delegates cannot subdelegate (s 13(3)); structure approvals accordingly. Align delegation instruments with internal delegations under the Financial Management Act.
Employment and CEO arrangements (s 48-57).
- Determine whether the Institute will be an SES organisation under the Public Sector Management Act and adopt the appropriate CEO appointment process (s 49-51).
- If the CEO is appointed outside the Public Sector Management Act processes, ensure instruments, terms, leave entitlements and removal mechanisms follow s 53-57 and the Salaries and Allowances Act where relevant.
IP management (s 11(3)(c); s 9).
- Draft grant agreements that explicitly address IP ownership, exploitation rights, licences, revenue sharing and confidentiality. The Act empowers the Institute to acquire, hold and dispose of IP (s 11(3)(c)) but does not set default IP rules for funded projects; contract these matters to avoid disputes.
Transitional and legacy matters (Part 8).
- If dealing with legacy agreements, assets, or undetermined applications from the abolished Institute, review the transitional provisions (s 81-90). Undetermined applications under the old Act are taken to be made under s 19 and must be processed under the new Act (s 89). Use transitional regulation powers only where necessary and document any reliance on s 91.
Training, policy and compliance registers.
- Provide compulsory induction and ongoing training for board members, staff and advisory committee members on disclosure obligations, confidentiality, grant administration and statutory penalties.
- Maintain a compliance register that tracks statutory deadlines, consultation periods for plan revisions, Ministerial directions, s 21 notices, repayment obligations following terminations and timelines for SAT review.
Legal review and templates.
- Develop standard form grant agreements, s 21 notice templates, statutory declaration guidance, confidentiality agreements and IP annexures. Have a legal checklist for each grant covering verification, reporting, intellectual property, repayment triggers and security for funds where appropriate.

Following these concrete steps, aligned to the cited sections, will help the Institute and its stakeholders meet the Act’s procedural, financial and governance obligations and reduce the likelihood of regulatory, fiscal or reputational problems.

Deep Dive

What it does

Current sections