Coal Research Assistance Act 1977

in relation to the Research Account—an agreement entered into by the Commonwealth before the commencement of the Coal Research Assistance Amendment Act 1992 for the purposes of, or in connection with, research to be done with money provided, in whole or in part, out of the Account; and

in relation to Australian Coal Research Limited—an agreement to which the company is a party, entered into for the purposes of, or in connection with, research to be done with money provided, in whole or in part, by the company.

the training of persons for the purpose of any such research;

the publication of reports, periodicals, books and papers in connexion with such research;

the dissemination of information and advice in connexion with scientific, technical or economic matters related to coal or products derived from coal; and

any matter incidental to a matter referred to in this definition.

in relation to the Research Account—the amount of financial liability arising from grant agreements in relation to the Account that cannot be met by the amount of money standing to the credit of the Account; and

in relation to Australian Coal Research Limited—the amount of financial liability arising from grant agreements in relation to the company that cannot be met by the total value of liquid assets held by the company.

An account is hereby established to be known as the Coal Research Trust Account.

The Research Account is a Trust Account for the purposes of section 62A of the Audit Act 1901.

There are payable into the Research Account amounts equal to the amount determined by the Minister under subsection (2) multiplied by the number of tonnes of coal on which amounts of duty of excise are raised from time to time.

The Minister may, for the purposes of this section, determine an amount (not exceeding 5 cents) per tonne of coal.

No money is to be paid into the Research Account if the Minister does not make a determination under subsection (2).

Amounts payable into the Research Account under subsection (1) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Subject to this section and section 5A, moneys standing to the credit of the Research Account may be expended:

with the approval of the Minister, for the purpose of research; and

in payment of remuneration and allowances payable under section 7.

In exercising his or her power under paragraph (1)(a) to approve the expenditure of moneys from the Research Account, the Minister shall have regard to recommendations, if any, furnished to him or her by a research advisory committee with respect to the expenditure of those moneys.

Without limiting subsection (1), moneys may be expended under that subsection for the purpose of research conducted jointly by a person or body associated with Australia and a person or body associated with another country.

The Minister may appoint such persons as he or she thinks fit to be a research advisory committee for the purposes of this Act.

Where the Minister considers that any other body of persons is so constituted that it would be appropriate for it to make recommendations to him or her with respect to the expenditure of moneys on research, the Minister may, by writing signed by him or her, declare that committee to be a research advisory committee for the purposes of this Act.

The Minister may exercise his or her powers under this section so that, at any time, there is more than one research advisory committee.

The Minister may request a research advisory committee to furnish to him or her recommendations for the purposes of subsection 6(2) and such other recommendations and advice with respect to research as the Minister considers appropriate.

Subject to subsection (7), a member of a committee appointed by the Minister under subsection (1) shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.

A member referred to in subsection (5) shall be paid such allowances as are prescribed.

Subsections (5) and (6) have effect subject to the Remuneration Tribunal Act 1973.

Australian Coal Research Limited were substituted for the Commonwealth as a party to the grant agreement; and

any reference in the grant agreement to the Commonwealth, to the Department or to the Secretary were a reference to Australian Coal Research Limited.

The Minister may, by legislative instrument, determine that assets and liabilities specified in the determination, being assets and liabilities of the Commonwealth in relation to research, are to be transferred to Australian Coal Research Limited on and from a date specified in the determination.

If an asset is transferred under subsection (1), Australian Coal Research Limited becomes liable to pay and discharge all debts, liabilities and obligations of the Commonwealth (if any) that existed in respect of the asset immediately before the transfer.