Explanatory Memorandum
(Circulated by authority of the Minister for Education, Training and Youth Affairs, the Honourable Dr David Kemp MP)
Schedule 2 - transitional provisions
It should be noted that there are no express provisions that cover the transitional arrangements for the staff of the old ARC and that of the new ARC. It is expected that the transfer of staff from the Department of Education, Training and Youth Affairs to the new Australian Research Council will involve the process outlined in the Public Service Regulations 1999 concerning the transfer of employees between APS agencies. As provided for in the Australian Research Council Bill 2000, employees of the ARC will be engaged under the Public Service Act 1999 .
This item defines the terms that are used in this schedule.
Item 2 - Matters referred to old ARC by Minister
This item provides for the resolution of any matters that the Minister referred to the old ARC for policy advice that had not yet been presented to the Minister before the commencement of the new Act. The new ARC will have to respond to that request as if it had been made under the new Act.
Item 3 - Continued effect of Ministerial directions and guidelines
This item provides for the continuation of any direction or guideline in force under subsection 29(1) of the old EET Act to have effect as a direction or guideline under the new Act after commencement.
Item 4 - Continued effect of funding approvals given in relation to old ARC-administered schemes
This item provides for the approval of funding grants for research programmes administered by the ARC under the old HEF Act to be considered as an approval that has been made under and in accordance with the requirements of the new ARC Act. This is intended to ensure continuity of funding for current research grants that were approved until the commencement of the new Act.
Item 5 - Continued effect of funding recommendations made in relation to old ARC- administered schemes
This item ensures that any recommendation for funding, that is still under consideration by the Minister at the time of the commencement of the new Act, will be considered under the same rules and requirements that were in force when the ARC made its recommendation to the Minister. This is to ensure that a recommendation for funding cannot be rejected on the grounds that the rules governing allocation of financial assistance had changed.
If such a grant is approved for funding by the Minister after the commencement of the Act, it will have the same effect as an approval made under and in accordance with the requirements of the new Act.
Item 6 - Funding rules for 2001
This item enables any guidelines approved by the Minister, in relation to schemes administered by the old ARC for the year 2001 or later years that were in force immediately before commencement, to be considered as if they were funding rules under the new Act.
Item 7 - Funding split determination for 2001
This item enables the Minister to fulfil the obligation in the new Act to determine the proportion of funding to be allocated for each category of research, to be made as soon as practicable after the start of the year. This is because the commencement date of the new Act will not be until, at the earliest, 1 January 2001.
Item 8 - Final Report on operations of old ARC
This item requires the new ARC to include in its Annual Report for the year 2000-01, a report on the operations of the old ARC for the period 1 July 2000 until the commencement of the new Act. The Annual Report must include any information that was required under subsections 30(1) and (2) of the old EET Act.
Item 9 - References in other Commonwealth laws to kinds of institution defined in the old EET Act
This item provides for any definitions and provisions contained in Part 1 of the old EET Act to continue in force after the commencement for the purposes of those laws of the Commonwealth that refer to these definitions. These institutions include a definition of school, higher education institution and technical and further education institution.