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1997
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
INDUSTRY,
SCIENCE AND TOURISM LEGISLATION AMENDMENT BILL
1997
EXPLANATORY
MEMORANDUM
(Circulated by authority of the
Minister for Industry, Science and Tourism,
the Honourable John Moore
MP)
80936 Cat. No. 96 7377 6 ISBN 0644
49789 0
INDUSTRY, SCIENCE AND
TOURISM LEGISLATION AMENDMENT
BILL
1997
OUTLINE
The
purpose of this Bill is to amend a number of Portfolio Acts. These are
the:
Australian Science and
Technology Council Act 1978 to add to the Council’s functions and to
reflect the addition of the term “Engineering” to the name of the
Council. Appointments to the Council will be made in future by the Minister
responsible with the approval of the Prime Minister rather than the
Governor-General;
Australian Tourist
Commission Act 1987 to remove the requirement that members of the Board of
the Commission cease to hold office at the age of 65 and that the Board not
employ persons on terms and conditions more favourable than those of the
Managing Director;
Australian
Tourist Commission (Transitional Provisions Act) 1987 to be repealed as it
no longer has any
application;
National Measurement
Act 1960 requiring the Commonwealth Scientific and Industrial research
Organisation to maintain or cause to be maintained, Co-ordinated Universal Time
(UTC) as determined by the International Bureau of Weights and Measures
(BIPM):
Science and Industry
Research Act 1949 to remove section 9AB from the Act consistent with the
current restructuring of the Commonwealth Scientific and Industrial Research
Organisation;
Bounty (Machine Tools
and Robots) Act 1985, Coal Tariff Legislation Amendment Act 1992, Patents, Trade
Marks, Designs and Copyright Act 1939, Resource Commission Act 1989 and
the Trade Marks Act 1995 to make a number of technical amendments to
these pieces of legislation.
FINANCIAL IMPACT
STATEMENT
There will be no
additional significant expenditure by the Commonwealth as a result of this
Bill.
NOTES ON
CLAUSES
Clause 1 Short
title
1. This clause provides for the
Act to be cited as the Industry, Science and Tourism Amendment Act
1997.
Clause
2 Commencement
Subclause (1)
provides that the Act will commence on the day it receives Royal
Assent.
Subclause (2) provides
that amendments of the Coal Tariff Legislation Amendment Act 1992
are to commence immediately after the commencement of subsection 2(1) of that
Act.
Subclause (3) provides
that the amendment of the Science and Industry Research Act 1949
commences on 1 July 1997.
Subclause
(4) provides that the amendments of the Trade Marks Act 1995
are taken to have commenced on 1 January
1996.
Clause
3 Schedule(s)
3. Subject to
section 2 provides for the amendment or repeal, as set out in the applicable
items in the Schedule, of each Act specified in the Schedule to this
Act.
SCHEDULE 1 -
AMENDMENTS
Australian Science and
Technology Council Act 1978
Clauses
1 to 4 These clauses provide that in the Title and body of the Act, omit
“and Technology” and substitute “Technology and
Engineering” consistent with the changed role of the
Council.
Clause 5 This clause provides
for the omission of “and technology” and substituting
“technology and
engineering”.
Clause 6 This
clause provides for the omission of “and technological” and
substituting “technological and
engineering”.
Clause 7 This
clause provides for the omission of “Governor General” and
substitution of “Minister” to reflect the responsibility of the
Minister for appointments to the
Council.
Clause 8 This clause provides
that the Minister must not make an appointment to the Council without the
approval of the Prime Minister.
Clauses
9-12 These clauses provide for the substitution of “Minister” for
“Governor General” to reflect the Minister’s power in relation
to the making of appointments to the
Council.
Clause 13 This clause provides
that the power of the Minister to appoint members to the Council will start on
commencement of the Act.
Clause 14 This
clause provides for the validation of appointments to the Council before the
commencement of this Act.
Australian
Tourist Commission Act 1987
Clause
15 This clause repeals the subsection that provides that an appointed member to
the Australian Tourist Commission Board ceases to hold office on attaining 65
years of age.
Clause 16 This clause
repeals the subsection that provides that a person on the Board shall not be
employed on terms and conditions more favourable than those applying to the
Managing Director.
Australian
Tourist Commission (Transitional Provisions) Act
1987
Clause 17 This clause provides
for the repeal of the entire Act as it no longer has any
application.
Bounty (Machine Tools
and Robots) Act 1985
Clause 18 This
clause provides for the omission of “Comptroller” and substitution
with “CEO” in line with the Customs Act
1901.
Coal Tariff Legislation
Amendment Act 1992
Clauses
19-20 These clauses provide for a substituted commencement date for section 5 of
the Act and the repeal of sub-section
5(1).
National Measurement Act 1960
Clause 21 This clause provides for
Co-ordinated Universal Time (UTC) to be maintained or caused to be maintained by
the Commonwealth Scientific and Industrial Research
Organisation.
Patents, Trade Marks,
Designs and Copyright Act
1939
Clause 22 This clause omits
“Papua, the Territory of New Guinea and Norfolk Island, as if each of
those Territories”, and substitutes “Norfolk Island, as if that
Territory” in the
Act.
Resource Assessment
Commission Act 1989
Clause 23 This
is a consequential amendment from the changes to the Australian Science and
Technology Council Act 1978 to omit “Technology” and substitute
“Technology and
Engineering”.
Science and
Industry Research Act 1949
Clause
24 To repeal section 9AB of the Act and so remove all references to Institutes
to reflect the proposed changes in CSIRO
restructuring.
Trade Marks Act
1995
Clause 25 This clause provides
for the repeal of the definition
“Comptroller”.
Clause
26 This clause provides for the insertion of a definition of “Customs
CEO” to mean the Chief Executive Officer of
Customs.
Clauses 27-41 To omit
“Comptroller” and substitute “Customs CEO” in line with
the Customs Act 1901.