Enabling legislation

The Australian Institute of Marine Science is a corporate Commonwealth entity established on 9 June 1972 by the Australian Institute of Marine Science Act 1972 (AIMS Act).

Functions of the Institute

Under s. 9 of the AIMS Act, the functions of the Institute are:

(a) to carry out research and development in relation to:

i) marine science and marine technology

ii) the application and use of marine science and marine technology

(b) to encourage and facilitate the application and use of the results of research and development of that kind

(c) to arrange for carrying out research and development of that kind

(d) to cooperate with other institutions and persons in carrying out research and development of that kind

(e) to provide any other institution or person with facilities for carrying out research and development of that kind

(f) to collect and disseminate information relating to:

i) marine science and marine technology

ii) the application and use of marine science and marine technology;

and, in particular, to publish reports and other papers

(g) to produce, acquire, provide and sell goods, and to provide services, in connection with:

i) marine science and marine technology

ii) the application and use of marine science and marine technology

(h) to make available to other persons, on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Institute

(i) to do anything incidental or conducive to the performance of any of the functions in paragraphs (a) to (h).

Powers of the Institute

Under s. 10 of the AIMS Act, the Institute is empowered to do all things necessary or convenient to be done for, or in connection with, the performance of its functions, including power:

(a) to enter into contracts

(b) to acquire, hold and dispose of personal property

(ba) to take on hire, or to accept on loan, equipment (including vessels) or other goods needed for the purposes of the Institute

(bb) to lend or to hire out equipment (including vessels) or other goods that are the property of the Institute

(c) to purchase or take on lease land or buildings, and to erect buildings, necessary for the purposes of the Institute

(d) to dispose of, or grant leases of, land or buildings vested in the Institute

(e) 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 Institute

(f) to participate in partnerships, trusts, unincorporated joint ventures and other arrangements for sharing profits

(g) to subscribe for and to purchase shares in, and debentures and other securities of, companies

(h) to form, and to participate in the formation of, companies:

(ha) to lend money to associated companies of the Institute

(hb) with the written approval of the Finance Minister, to provide guarantees for the benefit of associated companies of the Institute

(i) to appoint agents and attorneys, and to act as agents for other persons

(j) to accept anything given or transmitted to the Institute whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust

(k) to arrange for displaying material and giving lectures, to the public or otherwise, about:

(i) marine science and marine technology

(ii) the application and use of marine science and marine technology.

Ministerial powers of direction

Under s. 10 (1) of the AIMS Act, the responsible minister (and Finance Minister) has power to direct the Institute in matters of a general or specific nature. These powers pertain particularly to the following:

1. Granting leave of absence to Council members (ss. 13, 16(b))

2. Appointing (and terminating such appointment) a person to act as Chairperson (ss. 17(1) and (3))

3. Appointing (and terminating such appointment) a person to act as a member of Council (ss. 17(2) and (3))

4. Convening a meeting of Council (s. 20(2))

5. The Finance Minister may give directions at any time as to amount and moneys to be paid to the Institute (s. 36(2))

6. Out of money appropriated by the Parliament for the purpose, the Finance Minister has power to lend money to the Institute (s. 42A)

7. The Finance Minister has the power to provide written approval for the Institute to borrow money from persons other than the Commonwealth (s. 42B)

8. The Finance Minister has the power to guarantee borrowings of the Institute (s. 42C)

9. Appointing a committee to assist Council and approving the terms and conditions of members (s. 45)

10. Delegation of powers by Finance Minister (s. 50A).

(1) The Finance Minister may, by written instrument, delegate 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) the power:

(a) to approve the provision of guarantees as mentioned in paragraph 10(2)(hb)

(b) to approve the borrowing of money on terms and conditions specified in, or consistent with, the approval as mentioned in subsection 42B(1)

(c) to enter into contracts as mentioned in subsection 42C(1)

(d) to make determinations as mentioned in subsection 42C(2).

(2) In exercising power under a delegation, the official must comply with any directions of the Finance Minister.