Document ID: chunk:federal_register_of_legislation:C2004A01249:clause:1_28:p1
Version: federal_register_of_legislation:C2004A01249
Segment Type: clause
Provision Reference: sch 1 cl 28 (pt 1/2)
Character Range: 8381–11033

28  Transitional provisions

(1) Despite the amendments of the Industry Research and Development Act 1986 made by this Act:
 (a) Ministerial directions in force immediately before the commencing day under section 19 of that Act in relation to a program of funding for research and development are taken to continue in force on and after that day for the purpose of facilitating the transitional arrangements set out in subitems (3) to (6); but
 (b) a person or body may not make an application after that day in respect of a research and development proposal under such a program.

(2) Nothing in subitem (1) implies that:
 (a) the Minister may not give directions, on or after the commencing day, under section 18A of the Industry Research and Development Act 1986, in relation to a program of funding for research and development that is substantially similar to the program for which directions had been given under section 19 of that Act; or
 (b) a person or body may not make an application after that day in respect of a research and development proposal under such a substantially similar program.

(3) If:
 (a) before the commencing day, a person or body has made an application under the Industry Research and Development Act 1986 for the expenditure of Commonwealth money in respect of a research and development proposal; and
 (b) that proposal is a proposal for research and development to be funded under a program to which Ministerial directions in force immediately before that day under section 19 of that Act apply;
then:
 (c) that application may be considered and dealt with by the Industry Research and Development Board on and after that day, and
 (d) any agreement in relation to the provision of Commonwealth money for that proposal may be entered into by or on behalf of the Board on and after that day;
as if the amendments made by this Schedule had not been made.

(4) If:
 (a) before the commencing day, the Board had entered into:
 (i) an agreement under section 33 of the Industry Research and Development Act 1986 as in force at that time; or
 (ii) an agreement under the Industry Research and Development Act 1986 in relation to a research and development program to which Ministerial directions in force immediately before that day under section 19 of the Industry Research and Development Act 1986 apply; and
 (b) immediately before the commencing day, any obligation under that agreement is still required to be met;
that agreement continues in force, according to its terms, on and after that day, as if the amendments made by this Schedule had not been made.

(5) The Industry Research and Development Board may from