Industry Research and Development Act 1986

PART II - ADMINISTRATION

SECTION 19 ADDITIONAL FUNCTIONS OF BOARD

Directions conferring additional functions

19(1)

The Minister may, by notifiable instrument, give directions to the Board that a function specified in the direction (being a function relating to the object of this Act, the Pooled Development Funds Act 1992 or the Venture Capital Act 2002 ) is an additional function of the Board.

Directions about the performance of functions and exercise of powers

19(2)
The Minister may, by notifiable instrument, give written directions to the Board about the performance of its functions or the exercise of its powers.

19(3)
Without limiting subsection (2), the Minister may give directions to the Board in relation to:

(a) the provision of technical assessments to the Minister in relation to programs or activities, or proposals for programs or activities, under or in connection with this Act; or

(b) the provision of a report or advice on a matter that relates to:

(i) any of the Board ' s functions or powers; or

(ii) the operation of this Act, the Pooled Development Funds Act 1992 or the Venture Capital Act 2002 ; or

(iii) the operation of the Commonwealth ' s income tax laws as they operate in relation to this Act, the Pooled Development Funds Act 1992 or the Venture Capital Act 2002 ; or

(c) policies and practices to be followed by the Board in the performance of its functions and the exercise of its powers.

19(4)
Subsection (2) does not empower the Minister to direct that the Board perform any of its functions, or exercise any of its powers, in a particular way in a particular case.

Limits and obligations relating to directions under this section

19(5)
A direction under subsection (1) or (2) must not confer a function on the Board to commit or authorise the expenditure of Commonwealth money.

19(6)
The Board must comply with a direction given under this section.

View history note

History

S 19 substituted by No 63 of 2016, s 3 and Sch 1 item 28, effective 20 October 2016. For application and transitional provisions, see note under Pt IV heading. S 19 formerly read:

SECTION 19 SECTION 19 ADDITIONAL FUNCTIONS OF BOARD
19
The Minister may, by notice in writing delivered to the Chairperson and expressed to be given under this section, give directions to the Board that a function specified in the directions, being a function relating to the object of this Act, the Pooled Development Funds Act 1992 or the Venture Capital Act 2002 , is an additional function of the Board.
19(2)
(Repealed by No 15 of 2004)
View history note

Hide history note

History

S 19(2) repealed by No 15 of 2004, s 3 and Sch 1 item 24, effective 11 September 2004. For transitional provisions, see note under Part III heading. No 15 of 2004, s 3 and Sch 1 item 25 also contains the following saving provision:

Saving provision
25
Despite the repeal of subsection 19(2) of the Industry Research and Development Act 1986 , that subsection continues to apply in relation to:

(a) any direction given by the Minister under that section before the date of commencement of Schedule 1 to this Act; and

(b) any revocation of such a direction made on or after that date;
as if the subsection had not been repealed.

S 19(2) formerly read:

19(2)
The Minister shall forthwith cause to be published in the Gazette particulars of any directions given under subsection (1) and of any revocation of any such directions.

S 19 amended by No 164 of 2007, s 3 and Sch 12 items 22 and 23, by inserting " , the Pooled Development Funds Act 1992 or the Venture Capital Act 2002 " after " this Act " , effective 27 September 2007.

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