Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002-2003-2004
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
AUSTRALIAN INSTITUTE OF MARINE
SCIENCE AMENDMENT BILL 2004
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Science the Hon Peter McGauran MP)
AUSTRALIAN INSTITUTE OF MARINE
SCIENCE AMENDMENT BILL 2004
This Bill will amend the Australian Institute of Marine Science
Act 1972 to:
• Expand the Council of the Institute of Marine
Science (the Governing body of the Institute) from 6 to 7 members, the
additional part-time member being nominated by James Cook University (JCU).
This amendment encourages closer collaboration between the Institute and JCU, a
formal aspect of this affiliation being a joint venture know as
AIMS@JCU.
• Change the title of the principal executive officer of
the Institute from ‘Director’ to ‘Chief Executive’. The
title update for the principal executive officer will bring the Institute into
line with current terminology and also with that used by other science agencies,
for example, Commonwealth Scientific and Industrial Research Organisation and
Australian Nuclear Science & Technology Organisation.
The Bill, in adding a member to the Council of the Institute of Marine
Science (AIMS), leads to AIMS funding an additional part-time remuneration
payment. The payment will be made in accordance with Remuneration Tribunal
rulings and advice from the Department of Finance and
Administration.
There will be no impact on the Australian
Government’s appropriation funding for AIMS.
AUSTRALIAN INSTITUTE OF MARINE SCIENCE
AMENDMENT 2004
Clause 1 - Short title
Provides for the Act to be cited
as the Australian Institute of Marine Science Amendment Act
2004.
Clause 2 - Commencement
Provides for the Act
to commence on the day on which it receives the Royal
Assent.
Clause 3 - Schedule(s)
Provides that each Act
that is specified in a Schedule is amended or repealed as set out in the
applicable items in the Schedule and that any other item in a Schedule has
effect according to its terms.
Schedule 1 –
Amendments
Part 1 – Representation by
James Cook University
Australian Institute of Marine
Science Act 1972
Part 1 amends the constitution of the Council of
the Australian Institute of Marine Science to reflect the formal affiliation of
the Australian Institute of Marine Science with James Cook
University.
Item 1
Section 12 specifies the constitution of the
Council. Item 1 inserts a new paragraph 12(1)(ba) which expands the Council to
include a member nominated by James Cook University.
Items
2-3
Technical amendments to the wording of paragraphs 16(a) and 16(c)
to reflect the amendments made by items 4 and 5.
Item
4
Section 16 provides circumstances in which the Governor-General
shall declare that the office of a Council member is vacant. Item 4 has
the effect of providing that the Governor-General shall declare that the office
of a member is vacant where the member is covered by proposed subsection 16(2)
inserted by item 5.
Item 5
Adds a new subsection 16(2)
which has the effect of providing that the Governor-General shall declare that
the office of a member is vacant if the member is appointed under the proposed
paragraph 12(1)(ba) and James Cook University notifies the Minister in writing
that the nomination is withdrawn.
Part 2—Chief Executive of the Australian Institute of Marine Science
Australian Institute of Marine Science Act
1972
Part 2 amends the Act to replace the title of Director of
the Australian Institute of Marine Science with that of Chief Executive in line
with the titles of principal executive officers of other research
agencies.
Items 6 -11
Amend subsection 5(1) to repeal the
definitions of Acting Director and Director, insert
definitions of Acting Chief Executive and Chief
Executive and amend the definitions of acting member and
member to reflect the change of title of the Director to Chief
Executive.
Items 12 and 14-33
Replace references to
“Director” in section 10A, paragraph 12(1)(b), sections 20A and 21,
subsection 22(1), section 23, subsections 24(1) and (2) and 25(1) and (2),
sections 26-28, subsections 29(1) and (2), 30(1) and (3), paragraph 30(4)(a) and
subsections 30(6) and (7), and various headings with “Chief
Executive”
Item 13
Minor technical amendment to
the wording of paragraph 12(1)(a) (dealing with the constitution of the Council
of the Institute) as a result of the other amendments made by this Part.