Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

No. 149, 1989

Compilation No.   19

Compilation date: 5 March 2016

Includes amendments up to: Act No. 6, 2016

Registered: 7 March 2016

This compilation includes commenced amendments made by Act No.   10, 2015

About this compilation

This compilation

This is a compilation of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Interpretation 1

3A Application of the Criminal Code 2

Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies 3

4 Australian Institute of Aboriginal and Torres Strait Islander Studies 3

Part 3—Functions of Institute 4

5 Functions of Institute 4

6 Powers of Institute 4

Part 4—Members of Institute 6

7 Members of Institute 6

8 Period of membership 6

9 Resignation 6

10 Register of members 6

11 Rights of members 7

Part 5—Council of Institute 8

Division 1—Constitution of Council 8

12 Constitution of Council 8

13 Responsibilities of Council 9

14 Chairperson and Deputy Chairperson of Council 9

Division 2—Administrative provisions 10

15 Term of office 10

16 Remuneration and allowances 10

17 Leave of absence 10

18 Acting appointments 10

20 Resignation 12

21 Termination of membership of Council 12

22 Other terms and conditions 12

Division 3—Operations of Council 13

23 Meetings of Council 13

Part 6—Chief Executive Officer 15

24 Chief Executive Officer 15

25 Period of appointment 15

26 Remuneration and allowances 15

26A Recreation leave 15

27 Resignation 15

28 Other terms and conditions 16

Part 7—Staff 17

29 Staff 17

30 Consultants 17

Part 9—Finance 18

36 Money payable to the Institute 18

38 Application of money held by Institute 18

39 Exemption from taxation 18

Part 10—Miscellaneous 19

41 Certain information not to be disclosed 19

42 Informing TSRA about general conduct of Institute 19

43 Minister may ask for advice 19

44 Delegation to Chief Executive Officer or staff 20

45 Remuneration and allowances 20

45A Recreation leave 21

47 Conduct of directors, employees and agents 21

48 Rules 23

49 Regulations 23

Part 11—Transitional provisions 25

Division 1—Preliminary 25

50 Interpretation 25

Division 3—Transitional provisions 27

54 Transfer of assets and liabilities of old Institute 27

55 Old Institute instruments 27

64 Operation of the Superannuation (Productivity Benefit) Act 1988 27

Endnotes 29

Endnote 1—About the endnotes 29

Endnote 2—Abbreviation key 31

Endnote 3—Legislation history 32

Endnote 4—Amendment history 36

An Act to establish an Australian Institute of Aboriginal and Islander Studies, and for related purposes

 1 Preliminary
1 Short title

This Act may be cited as the Australian Institute of Aboriginal and Islander Studies Act 1989.
2 Commencement

This Act commences on the commencement of the Aboriginal and Islander Commission Act 1989.

Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Islander Commission Amendment Act 2005.
3 Interpretation

In this Act, unless the contrary intention appears:

Aboriginal person means a person of the Aboriginal race of .

appointed Councillor means a Councillor referred to in paragraph 12(1)(c).

Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.

Council means the Council of the Institute referred to in section 12.

Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).

Councillor means a member of the Council.

elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.

Institute rules means rules made by the Council under section 48.

Torres Strait Islander means a descendant of an indigenous inhabitant of the .

TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Islander Act 2005.
3A Application of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).Part 2.5 of the

2 Australian Institute of Aboriginal and Islander Studies
4 Australian Institute of Aboriginal and Islander Studies 1

An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.

 2

The Institute:

 a

is a body corporate;

 b

shall have a seal;

 c

may acquire, hold and dispose of real and personal property; and

 d

may sue and be sued.

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

 3

The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.

 4

All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.
3 Functions of Institute
5 Functions of Institute

The Institute has the following functions:

 a

to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;

 b

to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;

 c

to provide leadership in the fields of:

 i

Aboriginal and Torres Strait Islander research; and

 ii

ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and

 iii

use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;

 d

to lead and promote collaborations and partnerships among the academic, research, non-government, business and government sectors and Aboriginal and Torres Strait Islander peoples in support of the other functions of the Institute;

 e

to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.
6 Powers of Institute 1

The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

 2

The powers of the Institute under subsection (1) include, but are not limited to, the following powers:

 a

to accept gifts, grants, bequests and devises made to it;

 b

to act as trustee of money and other property vested in it on trust.

 3

In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.
4 Members of Institute
7 Members of Institute 1

Subject to this Part, the members of the Institute are persons appointed by the Council as members.

 2

The Council shall not appoint a person to be a member of the Institute unless:

 a

the person has applied for membership of the Institute in accordance with the Institute rules; and

 b

the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.
8 Period of membership 1

An appointment of a person as a member of the Institute is for 5 years.

 3

Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.
9 Resignation

A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.
10 Register of members

The Chief Executive Officer shall establish and maintain a register of the members of the Institute.
11 Rights of members

Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.
5 Council of Institute 1 Constitution of Council
12 Constitution of Council 1

There shall be a Council of the Institute consisting of the following members:

 a

2 persons who:

 i

are members of the Institute; and

 ii

are Aboriginal persons or Torres Strait Islanders; and

 iii

are elected by the members of the Institute in accordance with the Institute rules;

 b

2 other persons who:

 i

are members of the Institute; and

 ii

may or may not be Aboriginal persons or Torres Strait Islanders; and

 iii

are elected by the members of the Institute in accordance with the Institute rules;

 c

5 other persons who are appointed by the Minister and each of whom has skills or experience in one or more of the following:

 i

cultural material conservation;

 ii

collection management;

 iii

research;

 iv

fundraising;

 v

finance;

 vi

business;

 vii

law.

 1A

In making one or more appointments, the Minister must ensure that, immediately following the appointments (and taking into account the characteristics of all the elected Councillors and appointed Councillors at that time):

 a

at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and

 b

at least one of the Councillors is a Torres Strait Islander.

 1B

A person cannot be elected or appointed as a Councillor for a term that starts immediately after the end of 2 consecutive terms of office of the person as a Councillor (whether the person was an elected Councillor or an appointed Councillor for either or both of those earlier terms).

Note: Section 15 deals with the term of office of a Councillor.

 2

All the Councillors hold office on a part-time basis.
13 Responsibilities of Council

It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.
14 Chairperson and Deputy Chairperson of Council 1

The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.

 2

The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.
2 Administrative provisions
15 Term of office 1

An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.

 2

An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.
16 Remuneration and allowances

A Councillor is entitled to remuneration and allowances in accordance with section 45.
17 Leave of absence 1

The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

 2

The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.
18 Acting appointments 1

The Deputy Chairperson of the Council shall act as the Council Chairperson:

 a

during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or

 b

during any period, or during all periods, when the Council Chairperson is absent from duty or from or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to persons acting as the Council Chairperson, see Acts Interpretation Act 1901.section 33A of the

2

The Minister may appoint a person to act in the office of an appointed Councillor:

 a

during a vacancy in that office, whether or not an appointment has previously been made to the office; or

 b

during any period, or during all periods, when the appointed Councillor is absent from duty or from , or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

3

A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):

 a

shall not continue so to act for more than 6 months; and

 b

shall not be re-appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.

 4

The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.

 5

The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

6

The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.
20 Resignation

A Councillor may resign by writing signed by him or her and sent to the Minister.
21 Termination of membership of Council 1

The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.

 2

The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.

Note: A Council member’s membership may also be terminated under 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).section 30 of the

2A

(2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.

Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.

 3

An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.
22 Other terms and conditions

A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.
3 Operations of Council
23 Meetings of Council 1

The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.

 2

The Minister may, at any time, convene a meeting of the Council.

 3

The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.

 4

At a meeting of the Council, a quorum is constituted by 5 Councillors.

 5

Where:

 a

(a) a Councillor who is present at a meeting is required by rules made for the purposes of Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; andsection 29 of the

b

when the Councillor leaves the meeting there is no longer a quorum present;

the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

 6

The Council Chairperson shall preside at all meetings of the Council at which he or she is present.

 7

If the Council Chairperson is not present at a meeting of the Council:

 a

if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and

 b

in any other case, the Councillors present shall elect one of their number to preside at the meeting.

 8

Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.

 9

The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 10

The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.
6 Chief Executive Officer
24 Chief Executive Officer 1

There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.

 2

The Chief Executive Officer shall, subject to subsection (3), manage the day-to-day administration of the Institute.

 3

The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.
25 Period of appointment

The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.
26 Remuneration and allowances

The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.
26A Recreation leave

The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.
27 Resignation

The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.
28 Other terms and conditions

The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.
7 Staff
29 Staff 1

(1) Subject to Public Service Act 1999.section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the

2

(2) For the purposes of the Public Service Act 1999:

 a

the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and

 b

the Chief Executive Officer is the Head of that Statutory Agency.
30 Consultants 1

The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.

 2

(2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.
9 Finance
36 Money payable to the Institute 1

There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.

 2

The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.
38 Application of money held by Institute 1

Money held by the Institute shall be applied only:

 a

in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;

 b

in payment of any remuneration and allowances payable to any person under this Act or any other Act; and

 c

in making any other payments which the Institute is authorised or required to make under this Act.

 2

(2) Subsection (1) does not prevent investment, under Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.section 59 of the

39 Exemption from taxation

The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.
10 Miscellaneous
41 Certain information not to be disclosed 1

Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.

 2

The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.
42 Informing TSRA about general conduct of Institute 2

The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.

 3

Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.
43 Minister may ask for advice 1

The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.

 2

The Council:

 a

shall comply with a request under subsection (1) made by the Minister; and

 b

may comply with a request under subsection (1) made by the TSRA.

 3

The Council may, in response to a request under subsection (1):

 a

prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or

 b

if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.
44 Delegation to Chief Executive Officer or staff

The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.
45 Remuneration and allowances 1

The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:

 a

the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;

 b

if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;

 c

the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.

 2

For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.

Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
45A Recreation leave

The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.
47 Conduct of directors, employees and agents 1

Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

 a

that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

 b

that the director, employee or agent had the state of mind.

 2

Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

 3

Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

 a

that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

 b

that the employee or agent had the state of mind.

 4

Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

 5

Where:

 a

a person other than a body corporate is convicted of an offence; and

 b

the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

 6

A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

 a

the knowledge, intention, opinion, belief or purpose of the person; and

 b

the person’s reasons for the intention, opinion, belief or purpose.

 7

A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

 8

A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

 9

A reference in this section to an offence against this Act includes a reference to:

 a

an offence created by the regulations; and

 b

an offence created by:

 i

(i) Crimes Act 1914; orsection 6 of the

ii

(ii) Criminal Code; orsection 11.1, 11.2, 11.2A, 11.4 or 11.5 of the

iii

(iii) Criminal Code;section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the

being an offence that relates to this Act or the regulations.

 10

(10) Criminal Code does not apply to an offence against this Act.Part 2.5 of the

Note: Criminal Code deals with corporate criminal responsibility.Part 2.5 of the

48 Rules 1

The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:

 a

required or permitted by this Act to be prescribed by the Institute rules; or

 b

necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.

 2

Rules made under this section are not legislative instruments.
49 Regulations 1

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 2

Without limiting the generality of subsection (1), the regulations may:

 a

prescribe fees payable in respect of any matter under this Act; and

 b

provide penalties for breaches of the regulations not exceeding:

 i

in the case of a natural person—$1,000; or

 ii

in the case of a body corporate—$5,000.
11 Transitional provisions 1 Preliminary
50 Interpretation

In this Part, unless the contrary intention appears:

assets means property of every kind, and, without limiting the generality of the foregoing, includes: choses in action; and rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.

 a

choses in action; and

 b

rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.

commencement means the commencement of this Act.

liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.

new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.

old Institute means the Australian Institute of Aboriginal Studies.

old Institute instrument means an instrument: to which the old Institute was a party; that was given to or in favour of the old Institute; in which a reference is made to the old Institute; or under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute; being an instrument subsisting immediately before the commencement.

 a

to which the old Institute was a party;

 b

that was given to or in favour of the old Institute;

 c

in which a reference is made to the old Institute; or

 d

under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;

being an instrument subsisting immediately before the commencement.
3 Transitional provisions
54 Transfer of assets and liabilities of old Institute 1

At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.

 2

The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):

 a

an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;

 b

liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.
55 Old Institute instruments

An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.
64 Operation of the Superannuation (Productivity Benefit) Act 1988 1

The Superannuation Act and any related law apply in relation to any person who:

 a

before the commencement, was employed by the old Institute; and

 b

(b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;

as if:

 c

the person’s employer was in each case the same body; and

 d

the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.

 2

In this section:

related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.

Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.

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 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.

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

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 149, 1989 (s. 2 and gaz 1990, No. S48) (s 2)
Industrial Relations Legislation Amendment Act 1991 122, 1991 27 June 1991 s 4(1), 10(b) and 15–20: s 28(b)–(e), 30 and 31: 10 Dec 1991 (gaz 1991, No. S332) Remainder: 27 June 1991 (s 2(1)) s 31(2)
Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 1, 1994 s. 80: 1 July 1994 (s 2(1)(b)) —
Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 Sch 2 (items 316–323): (gaz 1997, No GN49) (s 2(2)) —
Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 Sch 1 (items 192–194): (gaz 1999, No. S584) (s 2(1)) —
Corporate Law Economic Reform Program Act 1999 156, 1999 Sch 10 (item 34): (gaz 2000, No. S114) (s 2(2)(c)) —
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 137, 2000 Sch 2 (items 43-46, 418, 419): 24 May 2001 (s 2(3)) Sch 2 (items 418, 419)
Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001 112, 2001 s 4
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 159, 2001 (s 2(1)) Sch 1 (item 97)
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 32, 2005 Sch 4 (items 12–22): 24 Mar 2005 (s 2(1) item 4) Sch 4 (item 18)
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 101, 2006 Sch 5 (item 21) and Sch 6 (items 5–11):14 Sept 2006 (s 2(1) item 4) Sch 6 (items 5–11)
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 4, 2010 19 Feb 2010 Sch 10 (item 4): 20 Feb 2010 (s 2(1) item 13) —
Statute Law Revision Act 2011 5, 2011 22 Mar 2011 Sch 5 (items 26, 27) and Sch 7 (item 20): 19 Apr 2011 (s 2(1) items 13, 17) —
Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (items 171–173) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) item 3) Sch 3 (items 10, 11)
Statute Law Revision Act 2012 136, 2012 22 Sept 2012 Sch 6 (items 11, 12): 22 Sept 2012 (s 2(1) item 37) —
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 7 (items 268–272) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14
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) —
Statute Law Revision Act (No. 1) 2015 5, 2015 25 Feb 2015 Sch 3 (items 36-41): 25 Mar 2015 (s 2(1) item 10) —
Acts and Instruments (Framework Reform) Act 2015 10, 2015 5 Mar 2015 Sch 3 (items 8–10, 348, 349): 5 Mar 2016 (s 2(1) item 2) Sch 3 (items 348, 349)
Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016 6, 2016 11 Feb 2016 12 Feb 2016 (s 2(1) item 1) Sch 1 (items 12, 15, 18, 23, 32)

Endnote 4—Amendment history
Provision affected How affected
Part 1
s 2 am No 32, 2005
s 3 am No 1, 1994; No 32, 2005; No 5, 2011; No 62, 2014; No 6, 2016
s 3A ad No 112, 2001
Part 2
s 4 am No 152, 1997; No 62, 2014
Part 3
s 5 am No 6, 2016
Part 4
s 7 am No 6, 2016
s 8 am No 6, 2016
s 9 am No 6, 2016
s 10 am No 6, 2016
Part 5
Division 1
s 12 am No 32, 2005; No 6, 2016
Division 2
s 18 am No 46, 2011
s 19 rep No 152, 1997
s 21 am No 152, 1997; No 156, 1999; No 62, 2014; No 6, 2016
Div 3
s 23 am No 62, 2014
Part 6
Part 6 heading rs No 6, 2016
s 24 am No 6, 2016
s 25 am No 159, 2001; No 6, 2016
s 26 am No 6, 2016
s 26A ad No 122, 1991
am No 6, 2016
s 27 am No 6, 2016
s 28 am No 6, 2016
Part 7
s 29 am No 146, 1999; No 6, 2016
s 30 am No 6, 2016
Part 8 rep No 6, 2016
s 31 rep No 6, 2016
s 32 rep No 6, 2016
s 33 rep No 6, 2016
s 34 rep No 6, 2016
s 35 rep No 6, 2016
Part 9
s 36 am No 5, 2011
s 37 rep No 152, 1997
s 38 am No 152, 1997; No 62, 2014
s 39 am No 101, 2006
s 40 rep No 152, 1997
Part 10
s 42 am No 1, 1994; No 152, 1997; No 32, 2005
s 43 am No 1, 1994; No 32, 2005; No 6, 2016
s 44 am No 6, 2016
s 45 am No 10, 2015
s 45A ad No 122, 1991
am No 146, 1999
s 46 rep No 137, 2000
s 47 am No 137, 2000; No 112, 2001; No 4, 2010; No 5, 2015
s 48 am No 10, 2015
Part 11
Part 11 heading rs No 136, 2012
Division 1
s 50 am No 6, 2016
Division 2 rep No 136, 2012
s 51 rep No 136, 2012
Division 3
s 52 rep No 6, 2016
s 53 rep No 6, 2016
s 56 rep No 6, 2016
s 57 rep No 6, 2016
s 58 rep No 152, 1997
s 59 rep No 6, 2016
s 60 am No 5, 2011
rep No 6, 2016
s 61 rep No 6, 2016
s 62 rep No 6, 2016
s 63 rep No 6, 2016
s 64 am No 6, 2016
s 65 rep No 6, 2016
Division 4 rep No 136, 2012
s 66 rep No 136, 2012
s 67 rep No 136, 2012