1 Short title 1 2 Commencement 1 3 Interpretation 1 Part II—Australian Nuclear Science and Technology Organisation 5 4 Establishment of Organisation 5 5 Functions of Organisation 5 6 General powers of Organisation 9 6A Constitutional limits 10 7 Disclosure of the Organisation’s interests in companies 11 7A Immunity of Organisation etc. from certain State and Territory laws 11 Part III—The Board 14 8 Establishment of Board 14 9 Composition of Board 14 10 Functions of Board 15 11 Directions to Board 15 12 Remuneration and allowances 16 13 Resignation 16 14 Termination of appointment 16 16 Meetings of Board 17 16A Chief Executive Officer not to take part in certain deliberations of Board 18 17 Acting appointments 18 Part IV—Chief Executive Officer 20 18 Chief Executive Officer 20 19 Duties of Chief Executive Officer 20 20 Tenure of Chief Executive Officer 20 21 Remuneration and allowances 21 21A Leave of absence 21 21B Resignation 21 21C Termination of appointment 21 22 Disclosure of interests 22 23 Acting Chief Executive Officer 22 Australian Nuclear Science and Technology Organisation Act 1987 i Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Part V—The Staff of the Organisation 24 24 Staff of Organisation 24 Part VII—Finance 25 27 Money of Organisation 25 29 Extra matters to be included in annual report 25 30 Exemption from taxation 26 32 Borrowing from the Commonwealth 26 33 Borrowing otherwise than from the Commonwealth 26 34 Dealings with securities 27 35 Organisation may give security 27 36 Borrowings not otherwise permitted 28 36A Delegation by Finance Minister 28 Part VIII—Miscellaneous 29 38 Gifts, grants etc 29 39 Trust money 29 41 Advisory committees 29 42 Delegation by Minister 30 44 Delegation by Board 31 45 Delegation by Chief Executive Officer 31 46 Joint Consultative Committee 32 47 Regulations 32
This Act may be cited as the Australian Nuclear Science and Technology Organisation Act 1987.
This Act shall come into operation on a day to be fixed by Proclamation.
In this Act, unless the contrary intention appears: ANSTO spent nuclear fuel means spent nuclear fuel that has been irradiated in, and permanently removed from, a nuclear reactor operated by the Organisation. application and use means:
nuclear application and use; or
non-nuclear application and use. appoint includes re-appoint. appointed member means a member of the Board other than the Chief Executive Officer. Board means the Board of Directors of the Organisation. Chairperson means Chairperson of the Board. Australian Nuclear Science and Technology Organisation Act 1987 1 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Chief Executive Officer means the Chief Executive Officer of the Organisation. commencing day means the day of commencement of this Act. Commonwealth contractor means:
a person who is a party to a contract with the Commonwealth or a Commonwealth entity; or
a person who is a subcontractor for a contract with the Commonwealth or a Commonwealth entity. Commonwealth entity means:
a body corporate established for a public purpose by or under an Act; or
a company in which a controlling interest is held by any one of the following persons, or any 2 or more of the following persons together:
the Commonwealth;
a body covered by paragraph (a). Deputy Chairperson means Deputy Chairperson of the Board. employee means an employee referred to in subsection 24(1). Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901. law enforcement agency means:
the Australian Federal Police; or
a police force of a State or Territory; or
the Immigration and Border Protection Department; or
any other authority or person responsible for the enforcement of the laws of the Commonwealth, a State or a Territory. member of the staff of the Organisation means:
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the Chief Executive Officer; or
an officer or employee. non-staff member means a member of the Board who is not a member of the staff of the Organisation. officer means an officer referred to in subsection 24(1). Organisation means the Australian Nuclear Science and Technology Organisation constituted under this Act. scientific research, innovation and training includes the following, whether or not related to nuclear science and nuclear technology:
any activities in the fields of natural or applied science (including engineering and technology) for the extension or application of knowledge;
any activities that involve innovation or high levels of technical risk for the purposes of creating new or improved materials, products, devices or processes;
the education and training of persons in matters related to activities mentioned in paragraph (a) or (b). securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents. share, in relation to a company, means a share in the capital of the company and includes stock. spent nuclear fuel means material that:
is or was capable of producing energy by a self-sustaining chain process of nuclear fission; and
has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph (a) applies in such an arrangement that a self-sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons). Australian Nuclear Science and Technology Organisation Act 1987 3 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 subcontractor, for a contract, means a person who is a party to:
a contract with a Commonwealth contractor (within the meaning of paragraph (a) of the definition of Commonwealth contractor); or
a contract with another subcontractor (under a previous application of this definition).
A reference in this Act to dealing with securities includes a reference to:
creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or reselling securities;
creating, selling, purchasing or reselling rights or options in respect of securities; and
entering into agreements or other arrangements relating to securities.
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The body corporate that was, immediately before the commencing day in existence by virtue of section 8 of the Atomic Energy Act 1953 under the name Australian Atomic Energy Commission continues in existence by force of this subsection as a body corporate, under and subject to the provisions of this Act, under the name Australian Nuclear Science and Technology Organisation. Note: The Public Governance, Performance and Accountability Act 2013 applies to the Organisation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
The Organisation:
shall have a seal; and
may sue and be sued.
All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Organisation appearing on a document and shall presume that the document was duly sealed.
The functions of the Organisation are:
to undertake research and development in relation to:
nuclear science and nuclear technology; and
the application and use of nuclear science and nuclear technology; and
the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; and
such other matters as the Minister directs; and Australian Nuclear Science and Technology Organisation Act 1987 5 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
to encourage and facilitate the application and use of the results of such research and development; and
to condition, manage and store radioactive materials and radioactive waste, arising from:
the Organisation’s activities (including the production of radioactive materials for other persons); or
the activities of companies in which the Organisation holds a controlling interest (including the production of radioactive materials for other persons); or
the use by other persons of radioactive materials produced by the Organisation or such companies; or
the activities of other persons who are specified in the regulations; and
to condition, manage and store radioactive materials and radioactive waste generated, possessed or controlled by the Commonwealth or a Commonwealth entity; and
to condition, manage and store radioactive materials and radioactive waste at the request of:
a law enforcement agency; or
a Commonwealth, State or Territory agency responsible for the management of emergencies or disasters; including, but not limited to, radioactive materials or radioactive waste involved in, or arising out of, a radiological incident or a radiological emergency; and
to condition, manage and store radioactive waste that has been, or is to be, sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel; and
to produce, acquire, provide and sell goods, and to provide services, that are:
in connection with the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; or
in connection with the conditioning, management and storage of radioactive materials or radioactive waste; or
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in connection with nuclear science and nuclear technology; or
in connection with the application and use of nuclear science and nuclear technology; or
otherwise in connection with matters related to its activities; and
to act as a means of liaison between Australia and other countries in matters related to its activities; and
to provide advice on aspects of:
nuclear science and nuclear technology; and
the application and use of nuclear science and nuclear technology; and
other matters related to its activities; and
to make available to other persons, whether or not on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Organisation by:
providing training and management expertise; or
selling or leasing equipment; or
leasing land, buildings and facilities; or
taking any other action that the Organisation thinks appropriate; and Note: See also subsection (4A) of this section and subsection 6(3).
to co-operate with appropriate authorities of the Commonwealth, the States and the Territories, and with other organisations and institutions in Australia or elsewhere, in matters related to its activities; and
to publish scientific and technical reports, periodicals and papers on matters related to its activities; and
to collect and sell or distribute, as appropriate, information and advice on matters related to its activities; and
to arrange for training, and the establishment and award of scientific research studentships and fellowships, in matters related to its activities; and
to make grants in aid of research into matters related to its activities; and Australian Nuclear Science and Technology Organisation Act 1987 7 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
to make arrangements with universities and other educational research institutions, professional bodies and other persons for the conduct of research or of other activities in matters related to its activities. (1A) A regulation made for the purposes of subparagraph (1)(ba)(iv) must not have the effect of authorising the premises on which the Lucas Heights Research Laboratories are situated to become a national nuclear waste repository. (1B) In subsection (1A): national nuclear waste repository means a site chosen by the Commonwealth, after the commencement of this subsection, for the storage of nuclear waste with a view to it never being moved to another site. (1C) Without limiting paragraph 5(1)(bb):
radioactive materials and radioactive waste generated by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be generated by the Commonwealth or the Commonwealth entity, as the case requires; and
radioactive materials and radioactive waste possessed or controlled by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be possessed or controlled by the Commonwealth or the Commonwealth entity, as the case requires.
The Organisation shall not undertake research or development into the design or production of nuclear weapons or other nuclear explosive devices.
In undertaking its functions, the Organisation is to have regard to:
the Commonwealth Government’s national science, technology and energy policy objectives; and
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the Commonwealth Government’s commercialisation objectives for public research institutions.
The Minister shall not give a direction under subparagraph (1)(a)(iii) to the Organisation to undertake research or development in relation to a matter unless the Minister is satisfied that research or development by the Organisation in relation to that matter would be an effective use of the staff of the Organisation, and would not duplicate unnecessarily any activity being carried on, or proposed to be carried on, by any other agency or authority of the Commonwealth. (4A) Without limiting paragraph (1)(ea), the Organisation may perform its function under that paragraph for the purposes of scientific research, innovation and training.
Subject to this Act, the Organisation has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:
to enter into contracts;
to acquire, hold and dispose of real or personal property;
to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Organisation;
to erect buildings and structures and carry out works;
to form, or participate in the formation of, a company or partnership;
to appoint agents and attorneys, and to act as an agent for other persons;
to engage persons to perform services for the Organisation;
to design, produce, construct and operate equipment and facilities; and
to do anything incidental to any of its powers.
The powers of the Organisation may be exercised within or outside Australia. Australian Nuclear Science and Technology Organisation Act 1987 9 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
To avoid doubt, the Organisation has the power to construct buildings and facilities for the sole purpose of performing the function referred to in paragraph 5(1)(ea). 6A Constitutional limits
The Organisation may perform its functions only:
for purposes relating to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or
for purposes relating to trade and commerce:
between Australia and places outside Australia; or
among the States; or
within a Territory, between a State and a Territory or between 2 Territories; or
for purposes relating to postal, telegraphic, telephonic or other like services; or
for purposes relating to the security or defence of Australia; or
for purposes relating to astronomical and meteorological observations; or
for purposes relating to statistics; or
for purposes relating to weights and measures; or
for purposes relating to copyrights, patents of inventions and designs, and trade marks; or
for purposes relating to the provision of medical and dental services; or
for purposes related to external affairs, including:
giving effect to any international agreement to which Australia is a party; and
addressing matters of international concern; and
by way of the performance of its functions in a place outside Australia; or
for purposes relating to the relations of the Commonwealth with the islands of the Pacific; or
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in, or for purposes relating to, a Territory; or
in, or for purposes relating to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
A term used in subsection (1) and the Constitution has the same meaning in that subsection as it has in the Constitution.
If the Organisation subscribes for or purchases debentures, or other securities, of a company, the Minister shall:
cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase; and
cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after:
subject to subparagraph (ii), the subscription or purchase took place; or
if the Minister is of the opinion that the disclosure of the subscription or purchase would affect adversely the commercial interests of the Organisation, the Minister ceases to be of that opinion.
This section does not apply in relation to a matter that gives rise to an obligation under section 72 of the Public Governance, Performance and Accountability Act 2013 (which deals with tabling of notices relating to matters such as acquisition of shares). 7A Immunity of Organisation etc. from certain State and Territory laws
Subject to subsection (4), a law to which this section applies does not apply, and is taken never to have applied, in relation to:
the Organisation; or Australian Nuclear Science and Technology Organisation Act 1987 11 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
the Organisation’s property or transactions; or
anything done by or on behalf of the Organisation.
Subject to subsections (4) and (5), at all times during which the Organisation holds, or has held, a controlling interest in a particular company, a law to which this section applies does not apply, or is taken not to have applied, as the case requires, in relation to:
the company; or
the company’s property or transactions; or
anything done by or on behalf of the company.
This section applies to a law of a State or Territory so far as the law relates to:
the use or proposed use of land or premises; or
the environmental consequences of the use of land or premises; or
radioactive materials or dangerous goods; or
licensing in relation to:
employment; or
carrying on a particular kind of business or undertaking; or
conducting a particular kind of operation.
This section does not apply to a law of a kind referred to in subsection (3) if the law is specified in regulations made for the purposes of this subsection.
Subsection (2) does not apply in relation to any property or transaction of a company of a kind referred to in that subsection, or to anything done by such a company, if the property, transaction or thing is wholly unconnected with any matter that is within the scope of the Organisation’s functions or powers.
Nothing in this section implies that a law to which this section does not apply, applies in relation to:
the Organisation; or
the property or transactions of the Organisation; or
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There is established by this section a Board of Directors of the Organisation, which shall be constituted as provided by section 9.
The Board consists of:
the Chief Executive Officer; and
at least 5, but not more than 8, other members.
The members other than the Chief Executive Officer shall be appointed by the Governor-General.
The appointed members may be appointed either as full-time members or as part-time members.
The Governor-General shall appoint one of the members to be the Chairperson of the Board and another of the members to be the Deputy Chairperson of the Board.
A member of the staff of the Organisation other than the Chief Executive Officer shall not be appointed as a member of the Board if:
the number of non-staff members does not constitute a majority of the members of the Board; or
as a result of the appointment, the number of non-staff members would not constitute such a majority.
An appointed member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment of the member but he or she is eligible for re-appointment.
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The member who is the Chairperson or the Deputy Chairperson ceases to be the Chairperson or Deputy Chairperson, as the case may be, if he or she ceases to be a member.
The Minister may appoint a person to be a deputy of a specified member other than the Chairperson, the Deputy Chairperson or the Chief Executive Officer.
If a member other than the Chairperson, the Deputy Chairperson or the Chief Executive Officer is absent from a meeting of the Board, the deputy of that member may attend the meeting in place of that member and, when so attending, shall be deemed to be a member.
The performance of the functions, or the exercise of the powers, of the Board is not affected because of a vacancy in the office of Chief Executive Officer or because there are fewer than 5 appointed members for a period of not more than 3 months. Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.
The functions of the Board are to ensure the proper and efficient performance of the functions of the Organisation and, subject to section 11, to determine the policy of the Organisation with respect to any matter.
In performing its functions, the Board shall have regard to the current policies of the Commonwealth Government in relation to matters within the functions of the Organisation.
Where the Minister is satisfied that it is desirable in the public interest to do so, the Minister may, by notice in writing to the Chairperson, give directions to the Board with respect to the performance of the functions, or the exercise of the powers, of the Organisation. Australian Nuclear Science and Technology Organisation Act 1987 15 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The Board shall ensure that any directions given to it by the Minister under subsection (1) are complied with.
The non-staff members shall be paid:
such remuneration as is determined by the Remuneration Tribunal; and
such allowances as are prescribed.
The deputy of a member of the Board shall be paid, in respect of the deputy’s attendance at a meeting of the Board:
such fee as is determined by the Remuneration Tribunal; and
such allowance as is prescribed.
This section has effect subject to the Remuneration Tribunal Act 1973.
An appointed member may resign from office by writing signed by the member and delivered to the Governor-General.
The Governor-General may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.
If an appointed member:
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
is absent:
in the case of the Chairperson, except on leave of absence granted by the Minister; or
in any other case, except on leave of absence granted by the Chairperson; from 3 consecutive meetings of the Board; the Governor-General shall terminate the appointment of the member. Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
The Chairperson:
shall convene such meetings of the Board as the Chairperson considers necessary for the efficient performance of the functions of the Board; and
shall convene a meeting of the Board on receipt of a written request signed by not fewer than 2 other members.
The Minister may convene such meetings of the Board as the Minister considers necessary.
The Chairperson shall preside at all meetings of the Board at which he or she is present.
Where the Chairperson is not present at a meeting of the Board:
the Deputy Chairperson shall preside at the meeting; or
if the Deputy Chairperson is not present at the meeting—the members present shall appoint one of their number to preside at the meeting.
Subject to subsection (6) and to subsection 18(3), at a meeting of the Board, a quorum is constituted if:
the number of members present constitute a majority of the members for the time being holding office; and
a majority of the members present are non-staff members. Australian Nuclear Science and Technology Organisation Act 1987 17 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
If, because of rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), a member is not present at a meeting of the Board during a deliberation of the Board with respect to a matter but:
there would be a quorum if that member were present; and
a majority of the remaining members are non-staff members; the remaining members present constitute a quorum for the purpose of any deliberation or decision of the Board at that meeting with respect to that matter.
Questions arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting.
The person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 16A Chief Executive Officer not to take part in certain deliberations of Board The Chief Executive Officer:
must not take part in any deliberation or decision of the Board with respect to him or her; and
is to be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.
At any time when there is a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office) or the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the functions of Chairperson, the Deputy Chairperson or a person acting as Deputy Chairperson under subsection (2) shall act as Chairperson. Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.
The Minister may appoint a member to act as Deputy Chairperson:
during a vacancy in the office of Deputy Chairperson (whether or not an appointment has previously been made to the office); or
during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any other reason (including the reason that the Deputy Chairperson is acting as Chairperson) unable to perform the duties of the office of Deputy Chairperson. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
The Minister may:
determine the terms and conditions, including remuneration and allowances, if any, on which a person is to act under this section; and
terminate an appointment under this section at any time. Australian Nuclear Science and Technology Organisation Act 1987 19 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
There shall be a Chief Executive Officer of the Organisation, who shall be appointed by the Board.
A member of the staff of the Organisation shall not:
be present during a deliberation of the Board with respect to the appointment of the Chief Executive Officer; or
take part in the making of a decision with respect to such an appointment; and a quorum for the purposes of such a deliberation or decision is a majority of the non-staff members for the time being holding office.
The Chief Executive Officer shall manage the affairs of the Organisation subject to the directions of, and in accordance with policies determined by, the Board.
All acts and things done in the name of, or on behalf of, the Organisation by the Chief Executive Officer shall be deemed to have been done by the Organisation.
The Chief Executive Officer shall hold office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment, but is eligible for re-appointment.
The Chief Executive Officer holds office, subject to this Part, on such terms and conditions as are determined by the Board.
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The Chief Executive Officer shall be paid such remuneration as is determined by the Remuneration Tribunal.
Subject to the Remuneration Tribunal Act 1973, the Chief Executive Officer shall be paid such allowances as are determined by the Board. 21A Leave of absence
The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
The Board may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Board determines. 21B Resignation The Chief Executive Officer may resign from office by writing signed by the Chief Executive Officer and delivered to the Board. 21C Termination of appointment
The Board may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
The Board may terminate the appointment of the Chief Executive Officer if the Chief Executive Officer:
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
is absent, except on leave of absence granted by the Board, from 3 consecutive meetings of the Board; or
is absent from duty, except on leave of absence granted by the Board, for 14 consecutive days or for 28 days in any 12 months; or Australian Nuclear Science and Technology Organisation Act 1987 21 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
fails, without reasonable excuse, to comply with his or her obligations under section 22. Note: The appointment of the Chief Executive Officer may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
The Board may terminate the appointment of the Chief Executive Officer if the Board is satisfied that the performance of the Chief Executive Officer has been unsatisfactory for a significant period.
The Chief Executive Officer shall give written notice to the Board of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business.
Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
The Board may appoint a person to act as Chief Executive Officer:
during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or
during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
The Board may:
determine the terms and conditions of appointment, excluding remuneration and allowances, of a person acting as Chief Executive Officer; and
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terminate such an appointment at any time.
An officer who is acting as Chief Executive Officer shall continue to be paid the remuneration and allowances payable to the officer as such an officer but shall also be paid:
so much of any remuneration payable to the Chief Executive Officer as exceeds the remuneration that so continues to be paid to the officer;
so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance that so continues to be paid to the officer; and
if an allowance is payable to the Chief Executive Officer in respect of which there is no corresponding allowance payable to the officer—that allowance.
The appointment of a person to act as Chief Executive Officer ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Chairperson. Australian Nuclear Science and Technology Organisation Act 1987 23 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The Chief Executive Officer may appoint such officers and engage such employees as the Board thinks necessary for the purposes of this Act.
The Chief Executive Officer may arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established by an Act, for the services of officers or employees of that Agency or of that body to be made available to the Organisation.
The terms and conditions of service or employment of persons appointed or engaged under subsection (1) are such as are determined by the Board.
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There is payable to the Organisation such money as is appropriated by the Parliament for the purposes of the Organisation.
The Finance Minister may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Organisation.
The money of the Organisation shall be applied only:
in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Organisation in the performance of its functions and the exercise of its powers;
in payment of remuneration and allowances payable under this Act (other than Part VIIA); and
in making any other payments required or permitted to be made by the Organisation.
Subsection (3) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Organisation.
The report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of each direction, given by the Minister to the Board under section 11 of this Act, that is applicable in relation to the period. Australian Nuclear Science and Technology Organisation Act 1987 25 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The Organisation is not subject to taxation under any law of the Commonwealth, of a State or of a Territory.
Stamp duty or any similar tax is not payable under a law of the Commonwealth, of a State or of a Territory in respect of:
a security issued by the Organisation;
the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or
a document executed by or on behalf of the Organisation, or any transaction, in relation to the borrowing of money by the Organisation.
The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Organisation at such rates of interest and on such other terms and conditions as that Minister determines in writing.
The Organisation may, with the approval of the Finance Minister, borrow money otherwise than from the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.
Approvals for the purposes of subsection (1) may be in respect of particular borrowings or in respect of borrowings included within a specified class, or specified classes, of borrowings.
The Finance Minister may, on behalf of the Commonwealth, guarantee the repayment by the Organisation of amounts borrowed under this section and the payment of interest on amounts so borrowed.
An approval under subsection (1) shall be given in writing.
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The Organisation may, with the approval of the Finance Minister but not otherwise, deal with securities.
Where the Organisation borrows or otherwise raises money by dealing with securities, the Finance Minister may determine that the repayment by the Organisation of the amounts borrowed or raised, and the payment by the Organisation of interest (if any) on those amounts, are, by force of this subsection, guaranteed by the Commonwealth.
The power of the Finance Minister to make a determination for the purposes of subsection (2) extends to the making of a determination in respect of:
securities included in a specified class, or specified classes, of securities; and
transactions included in a specified class, or specified classes, of transactions.
An approval under subsection (1) shall be given in writing.
The Organisation may give security over the whole or any part of its assets:
for the repayment of money borrowed under section 33 and the payment of any money that the Organisation is otherwise liable to pay in respect of those borrowings; and
for the payment of any money that the Organisation is liable to pay in respect of dealings with securities under section 34; including, but without limiting the generality of the foregoing, security for the payment of interest (if any) on money borrowed or otherwise raised by the Organisation. Australian Nuclear Science and Technology Organisation Act 1987 27 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The Organisation shall not borrow, or otherwise raise, money except in accordance with sections 32, 33 and 34. 36A Delegation by Finance Minister
The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 33 or 34 to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non-corporate Commonwealth entity (within the meaning of that Act).
In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
The Organisation may accept gifts, grants, bequests and devises made to the Organisation (whether on trust or otherwise) and may act as trustee of money or other property vested in the Organisation on trust.
The Organisation shall ensure that any money received or held by the Organisation on trust is paid into an account that does not contain any money of the Organisation not held on trust.
Notwithstanding section 27:
money or other property held by the Organisation on trust shall be applied or dealt with only in accordance with the powers and duties of the Organisation as trustee; and
money held by the Organisation on trust may be invested:
in any manner in which the Organisation is authorised to invest that money by the terms of the trust; or
in any manner in which trust money may, for the time being, be invested under law; but not otherwise.
Subject to this section, the Minister may establish such advisory committees as the Minister considers necessary for the purpose of giving advice to the Board on particular matters or classes of matters relating to the functions of the Organisation.
An advisory committee shall consist of such persons as the Minister from time to time appoints. Australian Nuclear Science and Technology Organisation Act 1987 29 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
A member of an advisory committee holds office for such period as is specified in the instrument of appointment of the member, but is eligible for re-appointment.
A member of an advisory committee may resign from office by writing signed by the member and delivered to the Chairperson of the Board.
The number of members of an advisory committee required to constitute a quorum at a meeting of that advisory committee shall be as determined by the Board.
If the Minister decides that a member of an advisory committee should be remunerated, that member shall be paid such remuneration as is determined by the Remuneration Tribunal.
A member of an advisory committee shall be paid such allowances as are prescribed.
Subsections (6) and (7) have effect subject to the Remuneration Tribunal Act 1973.
The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person all or any of the Minister’s powers under this Act, other than:
this power of delegation; and
the Minister’s powers under subparagraph 5(1)(a)(iii), subsection 9(10) and sections 11, 17 and 46.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister.
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
A delegation under this section does not prevent the exercise of a power by the Minister.
The Board may, by resolution, delegate to a member of the Board or to an officer or employee, either generally or as otherwise provided by the resolution, all or any of the powers of the Board under this Act other than this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Board.
A delegate is, in the exercise of a power so delegated, subject to the directions of the Board.
A delegation under this section does not prevent the exercise of a power by the Board.
The Chief Executive Officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Chief Executive Officer, delegate to an officer or employee all or any of the powers of the Chief Executive Officer under this Act other than this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Chief Executive Officer.
A delegate is, in the exercise of a power so delegated, subject to the directions of the Chief Executive Officer.
A delegation under this section does not prevent the exercise of a power by the Chief Executive Officer. Australian Nuclear Science and Technology Organisation Act 1987 31 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17
There is hereby established a Joint Consultative Committee comprising:
representatives of the Organisation; and
either or both of the following:
representatives of organisations of officers and full-time employees of the Organisation;
representatives of officers and full-time employees of the Organisation.
The manner in which the Joint Consultative Committee is to be constituted, the functions of that Committee and the manner in which that Committee is to carry out its functions shall be as determined by the Minister.
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
required or permitted by this Act to be prescribed by regulations; or
necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled Australian Nuclear Science and Technology Organisation Act 1987 33 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 1—About the endnotes law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub-subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Australian Nuclear Science and Technology Organisation Act 1987 35 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 3—Legislation history Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Australian Nuclear Science and Technology Organisation Act 1987 3, 1987 13 Mar 1987 27 Apr 1987 (s 2) Industrial Relations Legislation Amendment Act 1991 122, 1991 27 June 1991 s 31(2) and Sch: 10 Dec 1991 (s 2(3)) s 31(2) Prime Minister and Cabinet Legislation Amendment Act 1991 199, 1991 18 Dec 1991 Sch 2: 18 Dec 1991 (s 2) — Australian Nuclear Science and Technology Organisation Amendment Act 1992 83, 1992 30 June 1992 30 June 1992 (s 2) s 4(2), (3) and 5(2) Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Sch 4 (items 1, 34–37): 25 Oct 1996 (s 2(1)) — Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 24 Oct 1997 Sch 2 (items 423–446): 1 Jan 1998 (s 2(2)) — Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998 135, 1998 24 Dec 1998 Sch 1 (items 1–4, 6–8): 5 Feb 1999 (s 2(1)) Sch 1 (items 6–8) Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Schedule 1 (items 227– 232): 5 Dec 1999 (s 2(1), (2)) — Corporate Law Economic Reform Program Act 1999 156, 1999 24 Nov 1999 Sch 10 (items 46–48): 13 Mar 2000 (s 2(2)(c)) —
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 3—Legislation history Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 159, 2001 Sch 1 (items 21, 22, 97): 29 Oct 2001 (s 2(1)) Sch 1 (item 97) Research Agencies Legislation Amendment Act 2002 98, 2002 10 Nov 2002 Sch 2: 10 Nov 2002 (s 2) Sch 2 (item 15) Financial Framework Legislation Amendment Act 2005 8, 2005 22 Feb 2005 Sch 2 (items 58–67, 174): 22 Feb 2005 (s 2(1) item 12) Sch 2 (item 174) Australian Nuclear Science and Technology Organisation Amendment Act 2006 145, 2006 6 Dec 2006 (s 2) — Governance Review Implementation (Science Research Agencies) Act 2007 84, 2007 21 June 2007 Sch 2: 10 Sept 2007 (s 2(1) item 2) — Customs Legislation Amendment (Name Change) Act 2009 33, 2009 22 May 2009 Sch 2 (item 8): 23 May 2009 (s 2) — Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (items 208–216) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) Sch 3 (items 10, 11) Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 7 (items 340–356) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14 Australian Nuclear Science and Technology Organisation Act 1987 37 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions as amended by Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7 as amended by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) — Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) — Customs and Other Legislation Amendment (Australian Border Force) Act 2015 41, 2015 20 May 2015 Sch 5 (items 9, 10) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) Sch 9 Statute Law Revision Act (No. 1) 2016 4, 2016 11 Feb 2016 Sch 1 (items 11, 12): 10 Mar (s 2(1) item 2) — Australian Nuclear Science and Technology Organisation Amendment Act 2017 109, 2017 18 Sept 2017 19 Sept 2017 (s 2(1) item 1) —
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 4—Amendment history Endnote 4—Amendment history Provision affected How affected
s 3 ............................................ am No 83, 1992, No 152, 1997; No 98, 2002; No 8, 2005; No 145, 2006; No 84, 2007; No 33, 2009; No 62, 2014; No 41, 2015; No 4, 2016; No 109, 2017
s 4 ............................................ am No 152, 1997; No 62, 2014 s 5 ............................................ am No 83, 1992; No 98, 2002; No 145, 2006; No 109, 2017 s 6 ............................................ am No 98, 2002 s 6A.......................................... ad No 109, 2017 s 7 ............................................ am No 152, 1997; No 62, 2014 s 7A.......................................... ad No 83, 1992
s 9 ............................................ am No 152, 1997; No 159, 2001; No 84, 2007 s 12 .......................................... am No 43, 1996 s 14 .......................................... am No 152, 1997; No 156, 1999; No 62, 2014 s 15 .......................................... rep No 152, 1997 s 16 .......................................... am No 152, 1997; No 156, 1999; No 62, 2014 s 16A........................................ ad No 84, 2007 s 17 .......................................... am No 46, 2011
Part IV heading ........................ rs No 84, 2007 s 18 ......................................... am No 159, 2001; No 84, 2007 s 19 .......................................... am No 84, 2007 s 20 .......................................... am No 84, 2007 s 21 .......................................... am No 43, 1996; No 84, 2007 s 21A........................................ ad No 122, 1991 am No 146, 1999; No 84, 2007 s 21B........................................ ad No 83, 1992 am No 84, 2007 Australian Nuclear Science and Technology Organisation Act 1987 39 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 4—Amendment history Provision affected How affected s 21C........................................ ad No 83, 1992 am No 152, 1997; No 156, 1999; No 84, 2007; No 62, 2014 s 22 .......................................... am No 84, 2007; No 62, 2014 s 23 .......................................... am No 84, 2007; No 46, 2011
s 24 .......................................... am No 199, 1991; No 146, 1999; No 84, 2007 Part VI heading ........................ am No 83, 1992 rep No 135, 1998 Part VI ..................................... rep No 135, 1998 s 25 .......................................... rep No 83, 1992 s 26 .......................................... am No 43, 1996; No 152, 1997 rep No 135, 1998 Note to s 26.............................. ad No 152, 1997 rep No 135, 1998
s 27 .......................................... am No 83, 1992; No 152, 1997; No 8, 2005; No 62, 2014 s 28 .......................................... rep No 152, 1997 s 29 .......................................... am No 152, 1997 rs No 62, 2014 s 31 .......................................... am No 83, 1992; No 135, 1998; No 98, 2002 rep No 84, 2007 s 32 .......................................... am No 8, 2005 s 33 .......................................... am No 8, 2005 s 34 .......................................... am No 8, 2005 s 36A........................................ ad No 8, 2005 am No 62, 2014 s 37 .......................................... rep No 83, 1992
................................ ad No 83, 1992 rep No 135, 1998 s 37 .......................................... ad No 83, 1992 am No 152, 1997
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 4—Amendment history Provision affected How affected rep No 135, 1998 s 37A........................................ ad No 83, 1992 rep No 135, 1998 s 37B........................................ ad No 83, 1992 rep No 135, 1998 s 37C........................................ ad No 83, 1992 rep No 135, 1998 s 37D........................................ ad No 83, 1992 rep No 135, 1998 s 37E ........................................ ad No 83, 1992 rep No 135, 1998 s 37F ........................................ ad No 83, 1992 rep No 135, 1998 s 37G........................................ ad No 83, 1992 rep No 135, 1998 s 37H........................................ ad No 83, 1992 rep No 135, 1998 s 37J......................................... ad No 83, 1992 rep No 135, 1998 s 37K........................................ ad No 83, 1992 rep No 135, 1998 s 37L ........................................ ad No 83, 1992 rep No 135, 1998 s 37M....................................... ad No 83, 1992 rep No 135, 1998 s 37N........................................ ad No 83, 1992 rep No 135, 1998 s 37P ........................................ ad No 83, 1992 rep No 135, 1998 s 37Q........................................ ad No 83, 1992 am No 152, 1997 Australian Nuclear Science and Technology Organisation Act 1987 41 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17 Endnotes Endnote 4—Amendment history Provision affected How affected rep No 135, 1998 s 37R........................................ ad No 83, 1992 rs No 152, 1997 rep No 135, 1998 s 37S ........................................ ad No 83, 1992 rep No 135, 1998 s 37T ........................................ ad No 83, 1992 rep No 135, 1998 s 37U........................................ ad No 83, 1992 rs No 152, 1997 rep No 135, 1998 s 37V........................................ ad No 83, 1992 rep No 135, 1998
s 38 .......................................... am No 83, 1992 s 39 .......................................... am No 152, 1997; No 62, 2014 s 40 .......................................... rep No 83, 1992 s 41 .......................................... am No 43, 1996 s 42 .......................................... am No 83, 1992; No 135, 1998; No 84, 2007 s 43 .......................................... rep No 8, 2005 s 45 .......................................... am No 84, 2007
Australian Nuclear Science and Technology Organisation Act 1987 Compilation No. 19 Compilation date: 19/9/17 Registered: 20/9/17