WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Industry, Science and Tourism Legislation Amendment Bill
1997
Date Introduced: 26 March 1997
House: House of Representatives
Portfolio: Industry, Science and Tourism
Commencement: The amendments to the Science
and Industry Research Act 1949 commence on 1 July 1997. The
other amendments outlined in this Digest commence on Royal
Assent.
The major amendments proposed by the Bill:
- alter the procedure for making and terminating appointment's to
the Australian Science and Technology Council by according the
Minister rather than the Governor-General, the power to make and
terminate appointment and
- provide for the removal of the current CSIRO research
management structure under which CSIRO's research divisions were
grouped into Institutes.
As there is no central theme to the Bill, a brief background to
the major amendments is contained in the Main Provisions section of
this Digest.
Amendments to the Australian Science and Technology
Council Act 1978
Section 5 of the Australian Science and Technology Council
Act 1978 sets out the functions of the Australian Science and
Technology Council (the Council). The functions include: to
investigate and furnish information and advice to the Government on
matters relating to science and technology, including the
advancement of scientific knowledge and the fostering of scientific
and technological innovation in industry. The effect of
items 5 and 6 of Schedule 1 is to add engineering
to the Council's functions.
Section 10 of the Australian Science and Technology Council
Act 1978 deals with the membership of the Council. The
membership of the Council consists of a Chairperson, Deputy
Chairperson and not less than 3, and not more than 13 other
members,. The effect of items 7-9 of Schedule 1 is
to alter the procedure for making appointments to the Council by
according the Minister with the Prime Minister's approval, rather
than the Governor-General, the power to make appointments. In
addition, Council members will hold office on terms and conditions
determined by the Minister rather than the Governor-General.
Items 11 and 12 of Schedule 1 alter the
procedure for terminating the appointment of Council members by
according the Minister rather than the Governor-General with the
power to terminate appointments.
Remarks: The rationale given by the Minister in
the Second Reading Speech to the Bill for the amendments divesting
the Governor-General of his/her power in respect of appointments
and terminations is that:
In addition, the procedure for making appointments to the
Council will be made more efficient. The previous arrangement of
requiring appointments by the Governor-General was overly time
consuming and complex. Appointments to the Council will now be made
by the responsible Minister, with the approval of the Prime
Minister. No loss of status is implied.
It may be remarked that the proposed amendments in respect of
appointments and terminations reflect the reality of current
procedures. It is a fiction to believe that the Governor-General
acts independently under the current procedures. The
Governor-General acts on the advice of the Minister through the
Federal Executive Council.
Amendments to the Australian Tourist Commission Act
1987
Item 15 of Schedule 1 of the Bill repeals
subsection 14(3) of the Australian Tourist Commission Act
1987.
Remarks: Section 14 of the Australian
Tourist Commission Act 1987 deals with the term of appointment
of Board directors. Subsection 14(3) currently provides:
(3)An appointed member ceases to hold office on attaining 65
years of age.
The effect of the amendment can be said to be two - fold.
Firstly, it removes a discriminatory provision, and secondly brings
the term of appointment section into line with the appointment
provision (section 13). Prior to 1991, section 13 contained an age
restriction provision. The Arts, Sport, the Environment,
Tourism and Territories Legislation Amendment Bill (No. 2)
1991 removed this restriction.
Item 16 of Schedule 1 repeals subsection 42(3)
of the Australian Tourist Commission Act 1987.
Remarks: Section 42 of the Australian
Tourist Commission Act 1987 deals with the engagement of
employees by the Board of Directors of the Australian Tourist
Commission. Subsection 42(3) currently provides:
(3) A person shall not be employed by the Board on terms and
conditions more favourable than those applying to the Managing
Director.
The effect of the amendment is to allow a person employed by the
Board of Directors of the Australian Tourist Commission to be
employed on terms and conditions more favourable than applying to
the Managing Director.
It is not possible to independently verify the rationale
provided for the above amendment. To do so would require an
examination of the departments financial records. However, the
rationale given by the Minister is logical. The Minister
states:
The business environment in which the Australian Tourist
Commission Act 1987 operates has changed considerably since 1987
when this legislation was introduced. In some countries where the
Australian Tourist Commission has overseas offices, the high cost
of living has resulted in substantially higher wages in Australian
dollar terms than those prevailing in Australia. The amendment will
remove any anomaly, in relation to the conditions of employment for
overseas staff, by removing the limitation preventing employment on
terms and conditions more favourable than those of the Managing
Director.
Amendment to the Australian Tourist Commission
(Transitional Provisions) Act 1987
Item 17 of Schedule 1 repeals the
Australian Tourist Commission (Transitional Provisions) Act
1987.
Remarks: The Australian Tourist Commission
(Transitional Provisions) Act 1987 provided for the continuing
appointment of the then Managing Director of the Australian Tourist
Commission and repealed existing Acts dealing with the pre - 1987
Australian Tourist Commission. The Australian Tourist
Commission (Transitional Provisions) Act 1987 is
redundant.
Amendment to the Science and Industry Research Act
1949
Section 9AB of the Science and Industry Research Act
1949 provides that officers of the Commonwealth Scientific and
Industrial Research Organisation (CSIRO) carrying out scientific
research shall be organised into Institutes established by the
CSIRO Board. The number of Institutes must not exceed 6 and the
Chief Executive may direct an Institute to carry out such other
work as he/she determines. In effect section 9AB has determined the
management research structure of the CSIRO. Item 24 of
Schedule 1 repeals section 9AB.
Remarks:
The rationale given by the Minister in the Second Reading Speech
to the Bill for the repeal of section 9AB of the Science and
Industry Research Act 1949 is to:
... reflect the new framework developed by the Review of CSIRO's
Management Structure and Performance. The repeal of the section
will remove the old CSIRO research management structure under which
CSIRO's research divisions were grouped into Institutes. The repeal
will enable a new research management system that clearly
refocusses research delivery activities on identified industry,
economic or national benefit sectors and enables CSIRO's various
research divisions to work in full alliance, free of the limiting
rigidity's of the Institute structure as identified during the
CSIRO review.
The reference in the Minister's rationale for the proposed
amendment to the Review of CSIRO's Management Structure and
Performance is a reference to a review commenced in December 1994
by the Board of the CSIRO. The review was undertaken with the
objectives of 'increasing CSIRO's ability to identify the needs of
its customers, to focus its research to meet those needs, and to
introduce more powerful mechanisms to draw together the best teams
from across the Organisation to undertake this research.'(1)
A discussion paper, Evaluation of CSIRO's Management and
Structure, was released in April 1995. The then Minister for
Industry, Science and Technology, the Hon. Peter Cook, announced in
December 1995 that he had been advised by the Board of the CSIRO of
the outcomes of the review. The Minister's announcement contained a
summary of the outcomes of the review, which included:
- that customer involvement in CSIRO's priority determination
processes be strengthened at strategic and sectoral levels;
- that CSIRO strengthens its focus on meeting customer
expectations, particularly in regard to understanding customer
needs, delivery to schedule and budget, and more professional
marketing and contractual negotiation;
- that the formal Institute structure be discontinued;
- that Divisions be less rigidly structured than in the past,
with capacity for pragmatic allocation of resources in accordance
with need and efficiency;
- that expectations and accountabilities for communication by
research leaders and managers at all levels be clearly defined and
applied; and
- that there be a rigorous analysis of the time spent by research
scientists/engineers and research managers on doing research and
interacting with clients, and on undertaking management, and how
the balance might be improved by more effective research support,
particularly provision of higher level of profession
skills.(2)
- Minister for Industry, Science and Technology, News Release, 6
December 1995.
- Ibid.
Ian Ireland
26 June 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
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Last updated: 14 July 1997
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