Bills Digest 162 1996-97
Industry, Science and Tourism Legislation Amendment Bill 1997
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:
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
Except to the extent of the uses permitted under the Copyright Act
1968, no part of this publication may be reproduced or transmitted
in any form or by any means, including information storage and retrieval
systems, without the prior written consent of the Parliamentary Library,
other than by Members of the Australian Parliament in the course of their
official duties.
Published by the Department of the Parliamentary Library, 1997.
This page was prepared by the Parliamentary Library, Commonwealth of
Australia
Last updated: 14 July 1997
|
