Document ID: chunk:federal_register_of_legislation:C2004A05355:clause:1_2
Version: federal_register_of_legislation:C2004A05355
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 1793–4220

2  Council to continue in existence for purposes of making a final report to the Minister

(1) Despite the repeal effected by item 1, the Australian Science, Technology and Engineering Council (the Council) continues in existence for the purpose of performing its functions under this item.

(2) As soon as practicable after the commencement of this Schedule, the Council must prepare and give to the Minister a report of the operations of the Council during the period that began on 1 July 1997 and ended at that commencement.

(3) Subject to subitem (4), the report is to set out all requests made by the Minister under subsection 6(1) of the Australian Science, Technology and Engineering Council Act 1978 (the repealed Act), and all directions given by the Minister under section 8 of that Act, during the period to which the report relates.

(4) The report must not, without the Minister's consent, disclose the contents of a report given to the Minister under section 6 of the repealed Act before the last‑mentioned report has been laid before either House of the Parliament.

(5) Subject to subitem (6), the Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.

(6) If the laying of the report before the Parliament in accordance with subitem (5) would result in:
 (a) the disclosure of information that would, in the Minister's opinion, be contrary to the public interest because it would prejudice:
 (i) Australia's security, defence or international relations; or
 (ii) relations between the Commonwealth and any State; or
 (b) the disclosure of information received by the Council in confidence;
the Minister must either:
 (c) cause the report to be laid before the Parliament with such deletions as the Minister thinks necessary to avoid that result; or
 (d) ensure that the report is not laid before the Parliament until the Minister is satisfied that laying the report before the Parliament would not have that result.

(7) The Council ceases to exist at the end of the day on which the report is received by the Minister.

(8) The Minister may give a written certificate specifying the day on which the report is received by him or her. Unless the contrary is established, a certificate so given is conclusive evidence that the report was received by the Minister on the day specified in the certificate.