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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Research Council (Consequential and Transitional Provisions) Bill
2000
No. ,
2000
(Education, Training and Youth
Affairs)
A Bill for an Act to repeal or
amend certain Acts as a consequence of the enactment of the Australian
Research Council Act 2000, and for other purposes
ISBN: 0642 450935
Contents
Employment, Education and Training Act
1988 3
Higher Education Funding Act
1988 3
A Bill for an Act to repeal or amend certain Acts as a
consequence of the enactment of the Australian Research Council Act 2000,
and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Research Council
(Consequential and Transitional Provisions) Act 2000.
This Act commences on the commencement of the Australian Research
Council Act 2000.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Employment, Education and
Training Act 1988
1 The whole of the Act
Repeal the Act.
Higher Education Funding
Act 1988
2 Paragraph 17(m)
Omit “$3,437,721,000”, substitute
“$2,719,957,000”.
3 Paragraph 17(n)
Omit “$3,413,312,000”, substitute
“$2,695,386,000”.
4 After subsection 23(1A)
Insert:
(1B) A proposal for expenditure by an institution or body cannot be
approved under subsection (1) or (1A) in relation to the year starting on
1 January 2001 or a later year unless:
(a) there is an approved research and research training management plan
for the institution or body and the year (see subsection (1C));
and
(b) the institution or body is an accredited higher education institution
or body (see subsection (1D)).
(1C) For the purposes of paragraph (1B)(a), there is an approved
research and research training management plan for an institution or body and a
year if (and only if):
(a) the institution or body has, in writing, submitted a plan to the
Minister that covers the year; and
(b) the Minister has, in writing, declared that he or she is satisfied
that the plan meets the requirements in force under
paragraph (1E)(a).
(1D) For the purposes of paragraph (1B)(b), an institution or body is
an accredited higher education institution or body if (and only if):
(a) the institution or body is included as a higher education institution
on both of the following registers (as in force when the relevant expenditure
proposal is being considered by the Minister):
(i) the Australian Qualifications Framework Register of Authorities
empowered by Government to Accredit Post-Compulsory Education and Training
Courses;
(ii) the Australian Qualifications Framework Register of Bodies with
Authority to Issue Qualifications; or
(b) if a determination of requirements is in force under
paragraph (1E)(b):
(i) the institution or body has, in writing, submitted a statement to the
Minister setting out how it satisfies those requirements; and
(ii) the Minister has, in writing, declared that he or she is satisfied
that the institution or body satisfies those requirements.
(1E) The Minister may, by instrument in writing, determine either or both
of the following:
(a) requirements to be satisfied for a plan to be approved under
paragraph (1C)(b);
(b) requirements to be satisfied for an institution or body to be an
accredited higher education institution or body.
Note: A determination under this subsection is a
disallowable instrument—see paragraph 110(b).
5 Paragraph 23C(2)(i)
Omit “$488,085,000”, substitute
“$961,519,000”.
6 Paragraph 23C(2)(j)
Omit “$468,562,000”, substitute
“$942,676,000”.
7
At the end of paragraph 110(b)
Add “or under subsection 23(1E)”.
1 Definitions
In this Schedule:
commencement means the commencement of this
Schedule.
new Act means the Australian Research Council Act
2000.
new ARC means the body established by section 5 of the
new Act.
old ARC means the body established by section 23 of the
old EET Act.
old ARC-administered scheme means a research scheme in
relation to which a reference under paragraph 27(1)(a) of the old EET Act was in
force immediately before the commencement.
old EET Act means the Employment, Education and Training
Act 1988 as in force immediately before the commencement.
old HEF Act means the Higher Education Funding Act
1988 as in force immediately before the commencement.
2 Matters referred to old ARC by
Minister
If, before the commencement, the Minister referred a matter to the old ARC
under paragraph 27(1)(b) of the old EET Act and the old ARC had not finished
dealing with that reference by the commencement, the new ARC is to continue
dealing with that reference after the commencement as if it were a request for
advice in relation to the matter under subsection 6(2) of the new Act.
3 Continued effect of Ministerial directions and
guidelines
A direction or guideline in force under subsection 29(1) of the old EET Act
immediately before the commencement has effect after the commencement as if it
were a direction under subsection 7(1) of the new Act.
4 Continued effect of funding approvals given in
relation to old ARC-administered schemes
If, in relation to an old ARC-administered scheme, an approval under
subsection 23(1) or (1A) of the old HEF Act was in force immediately before the
commencement in respect of a year to which Division 1 of Part 7 of the
new Act applies, that approval has effect after the commencement as if it were
an approval under section 51 of the new Act that was made in accordance
with the requirements of that Act.
5 Continued effect of funding recommendations
made in relation to old ARC-administered schemes
(1) If:
(a) in relation to an old ARC-administered scheme, the old ARC made a
recommendation to the Minister before the commencement in relation to whether a
particular approval under subsection 23(1) or (1A) of the old HEF Act should be
given in respect of a year to which Division 1 of Part 7 of the new
Act applies; and
(b) the Minister has not given the approval, or refused to give the
approval, before the commencement;
the Minister must deal with the recommendation after the commencement as if
the old HEF Act (and instruments made under it) were still in force.
(2) If, after the commencement, the Minister decides to give the approval,
that approval has effect as if it were an approval under section 51 of the
new Act that was made in accordance with the requirements of that Act.
6 Funding rules for 2001
(1) If, in relation to an old ARC-administered scheme, guidelines developed
by the old ARC and approved by the Minister for the year 2001 (whether those
guidelines also cover a later year or years) were in force immediately before
the commencement, those guidelines have effect after the commencement as if they
were funding rules made by the Board and approved by the Minister under and in
accordance with Subdivision D of Division 1 of Part 7 of the new
Act.
(2) Subsection 59(1) does not apply to require the new ARC to make
guidelines under that section for the year 2001.
7 Funding split determination for
2001
The Minister’s obligation under section 50 of the new Act
applies in relation to the year 2001 as if subsection (2) of that section
required the determination for that year to be made as soon as practicable after
the start of that year.
8 Final report on operations of old
ARC
(1) The first report under section 46 of the new Act must include a
report on the operations of the old ARC during the period:
(a) starting at the beginning of the financial year after the last
financial year for which a report has been given to the Minister under
subsection 30(1) of the old EET Act; and
(b) ending on the commencement.
(2) The report required by subitem (1) must include the information
that would have been required for that period by subsections 30(1) and (2) of
the old EET Act.
9 References in other Commonwealth laws to kinds
of institution defined in the old EET Act
If a law of the Commonwealth in force immediately before the commencement
refers to a kind of institution and defines that kind of institution by
reference to a definition in the Employment, Education and Training Act
1988, then, despite its repeal, Part 1 of that Act is taken to continue
in force after the commencement for the purposes of that law of the
Commonwealth.