Document ID: chunk:federal_register_of_legislation:F2022L00356:front:0:p5
Version: federal_register_of_legislation:F2022L00356
Segment Type: other
Provision Reference: 
Character Range: 10496–13434

the resignation of one of the entity's 5 full‑time researchers, the entity immediately undertakes a recruitment process to fill the researcher position.
 (5) For the purposes of paragraph (4)(b), the requirement is that the entity employs in Australia at least:
 (a) one full‑time researcher who has:
 (i) a degree in science or technology from an Australian university; or
 (ii) qualifications from an overseas tertiary education institution that are recognised in Australia as being equivalent to a degree mentioned in subparagraph (i); and
 (b) 4 researchers who are full‑time, or full‑time equivalent, employees, and who each have:
 (i) a degree in science or technology from an Australian university; or
 (ii) qualifications from an overseas tertiary education institution that are recognised in Australia as being equivalent to a degree mentioned in subparagraph (i); or
 (iii) at least 5 years of relevant research experience in a single scientific or technological field that relates to one or more of the research fields for which the entity has applied to be registered.

Publicly controlled
 (6) If the entity is owned and controlled by an Australian tertiary education institution or a government research organisation (the controlling institution):
 (a) the controlling institution must be a research service provider; and
 (b) the entity must have access in Australia to the research and development facilities and research personnel of the controlling institution that will allow the entity to provide services in relation to R&D activities in the research fields for which the entity has applied to be registered.

Levy collecting
 (7) If the entity collects levies from R&D entities within an industry (the contributors) to fund the provision of services in relation to R&D activities, and does so under a contract or memorandum of understanding with a Commonwealth, State or Territory government, the entity must have arrangements for:
 (a) making available to the contributors the results of the services provided that were funded by the levies; and
 (b) reporting to the contributors:
 (i) about how much of the levies was used for providing services in relation to R&D activities and how much was not; and
 (ii) for the levies used for providing services in relation to R&D activities—a ratio for working out how the levies are to be apportioned between core R&D activities and supporting R&D activities.
 (8) For the purposes of subparagraph (7)(b)(ii), the ratio must be based on a reasonable estimate of how the levies are to be apportioned by the R&D entities between core R&D activities and supporting R&D activities.
 (9) In this instrument:
government research organisation means a Commonwealth, State or Territory government research organisation and includes the following:
 (a) Australian Institute of Marine Science;
 (b) Australian Nuclear Science and Technology Organisation;
 (c) Commonwealth Scientific