1Short title
This Act may be cited as the Australian Research Council Act 2001.
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Bill homepage (APH)This Act may be cited as the Australian Research Council Act 2001.
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to establish a national body to:
support Australian universities in conducting excellent research, including collaborative research with local, national and international partners, for Australia’s economic, social, environmental and cultural benefit; and
promote and conduct activities to shape and foster the Australian research landscape and community, including by supporting academic career pathways, expanding Indigenous knowledge systems and evaluating the excellence, impact and depth of Australian research; and
support Australian universities to attract and retain academic researchers and promote quality academic jobs; and
support research integrity, promote ethical research and facilitate access to research publications and research data; and
uphold peer review as a core process to identify excellent research; and
administer funding of excellent pure basic research, strategic basic research and applied research in all disciplines under the National Competitive Grants Program, except experimental development; and
administer funding for nationally significant research programs; and
provide expert advice on research to the Commonwealth Government; and
partner with other Commonwealth entities to deliver research grants by those other entities.
Research does not include medical research (see section 4). The National Health and Medical Research Council Act 1992 deals with funding for medical research.
In this Act:
Account means the ARC Research Endowment Account established by section 62.
approved funding rules means the rules approved by the Minister under section 59 (including as varied under section 60).
ARC means the Australian Research Council established by section 5.
Board means the Australian Research Council Board established by section 8.
Board committee means a committee established under section 29.
Board member means a member of the Board and includes the Chair and Deputy Chair.
CEO means the Chief Executive Officer of the ARC referred to in section 33A.
Chair means the Chair of the Board.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Deputy Chair means the Deputy Chair of the Board.
designated committee means a committee established under section 30.
designated research program means the following research programs:
the research program known as the ARC Centres of Excellence scheme;
the research program known as the Industrial Transformation Training Centres scheme;
the research program known as the Industrial Transformation Research Hubs scheme;
any nationally significant research program specified in an instrument under subsection (2).
foreign government body has the same meaning as in Division 70 of the Criminal Code.
foreign intelligence agency means an intelligence or security service (however described) of a foreign country.
foreign law enforcement agency means:
a police force (however described) of a foreign country; or
any other authority or person responsible for the enforcement of the laws of the foreign country.
foreign military body means:
the armed forces of the government of a foreign country; or
the civilian component of:
the Department of State of a foreign country; or
a government agency in a foreign country;
that is responsible for the defence of the country.
funding agreement means an agreement under subsection 49(1) (including as varied).
funding approval means an approval under subsection 47(1) or 48(1) (including as varied).
Indigenous person has the same meaning as in the Indigenous Education (Targeted Assistance) Act 2000.
medical research has the same meaning as it has in the National Health and Medical Research Council Act 1992.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
research does not include medical research.
research program means:
a program of research; or
a program that supports the conduct of a program of research.
staff of the ARC means the staff referred to in section 41.
The Minister may, by legislative instrument, specify a nationally significant research program for the purposes of paragraph (d) of the definition of designated research program in subsection (1). The Minister must be satisfied that the program will help build research capability.
The Australian Research Council is established by this section.
The ARC consists of:
the Board; and
the CEO; and
the designated committees; and
the staff of the ARC.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the ARC is a listed entity; and
the members of the Board are the accountable authority of the ARC; and
the following persons are officials of the ARC:
the CEO;
the members of the Board;
the members of the Board committees;
the members of the designated committees;
the staff of the ARC; and
the purposes of the ARC include:
the functions of the ARC referred to in section 6; and
the functions of the Board referred to in section 9; and
the functions of the designated committees referred to in section 31; and
the functions of the CEO referred to in section 33B.
The functions of the ARC (other than the Board and the CEO) are the following:
to assist the Board in the performance of the Board’s functions;
to assist the CEO in the performance of the CEO’s functions.
The Australian Research Council Board is established.
The Board’s functions include determining priorities, strategies and policies for the ARC.
The Board consists of the Chair, the Deputy Chair and up to 7 other members. The Minister appoints the members of the Board.
This Part also deals with the terms and conditions of appointment for Board members, meetings of the Board and Board committees.
The Australian Research Council Board is established by this section.
The functions of the Board are:
to determine priorities, strategies and policies for the ARC and to advise the Minister of those priorities, strategies and policies; and
to assist the Minister in the performance of the Minister’s functions under this Act; and
to provide advice to the Minister on research matters; and
any other functions that are specified in an instrument under subsection (2); and
any other functions conferred on the Board by this Act.
The Minister may, by legislative instrument, specify functions for the purposes of paragraph (1)(d).
The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
The Board may engage consultants or contractors to assist in the performance of the Board’s functions.
The Minister may, by legislative instrument, give directions to the Board about the performance of its functions or the exercise of its powers.
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
However, the Minister must not give a direction in relation to the making of a decision by the Board about whether or not to give a particular funding approval.
The Board must comply with a direction under subsection (1).
The Board consists of the following members:
the Chair;
the Deputy Chair;
not fewer than 5, and not more than 7, other members.
In the financial year beginning on 1 July 2026, the Minister must cause to be conducted an independent review of the following:
whether the functions of the Board are appropriate;
whether the size and membership of the Board are appropriate.
The persons undertaking the review must give the Minister a written report of the review.
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