Criminology Research Act 1971

Act No. 15 of 1971 as amended

This compilation was prepared on 30 March 2006
taking into account amendments up to Act No. 9 of 2006

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

4 Interpretation.................................

Part II—The Australian Institute of Criminology

Division 1—Establishment, functions and powers of Institute

5 Establishment of Institute..........................

6 Functions of Institute............................

6A Power of AttorneyGeneral to request Institute to perform certain functions             

7 Powers of Institute..............................

Division 2—Board of Management of Institute

8 Establishment and functions of Board..................

9 Constitution of Board............................

10 Deputies of members of Board......................

11 Remuneration and allowances.......................

12 Chair of Board................................

13 Resignation of members of Board and deputies of members.....

14 Meetings of Board..............................

Division 3—Director, Acting Director and staff of Institute

15 Director of Institute.............................

16 Functions of Director............................

17 Tenure of office of Director........................

18 Remuneration and allowances of Director................

19 Leave of absence of Director........................

20 Termination of appointment of Director.................

21 Vacation of office of Director.......................

22 Acting Director...............................

23 Appointment of staff of Institute.....................

Division 4—Finances of Institute

28 Moneys payable to Institute, and estimates of expenditure......

29 Limit on contracts..............................

31 Application of moneys...........................

32A Trust moneys.................................

Part III—The Criminology Research Council

Division 1—Establishment and constitution of Council

34 Establishment of Council..........................

35 Constitution of Council...........................

36 Deputies of members of Council.....................

37 Chair of Council...............................

38 Resignation of members of Council and deputies of members....

39 Meetings of Council.............................

Division 2—Functions and powers of Council

40 Functions of Council............................

41 Powers of Council..............................

43 Copy of annual report also to be given to State, Australian Capital Territory and Northern Territory Ministers and AuditorsGeneral             

Part IV—The Criminology Research Fund

44 Establishment of Fund...........................

46 Moneys payable to Fund..........................

47 Application of moneys in Fund......................

Part V—Miscellaneous

50 Exemption from taxation: Institute, Council and Fund.........

51 Regulations..................................

Notes

An Act to make provision for and in relation to the Promotion of Research in connexion with Criminology

Part IPreliminary

 

1  Short title [see Note 1]

  This Act may be cited as the Criminology Research Act 1971. 

2  Commencement [see Note 1]

  This Act shall come into operation on a date to be fixed by Proclamation.

4  Interpretation

  In this Act, unless the contrary intention appears:

Acting Director means an Acting Director of the Institute appointed under section 22.

appoint includes reappoint.

criminological research means research in connexion with:

 (a) the causes, correction and prevention of criminal behaviour; and

 (b) any related matter.

the appropriate Minister means:

 (a) in relation to a State, such Minister of the Crown of that State as is prescribed, and includes any Minister of the Crown for the time being acting for and on behalf of that Minister; and

 (aa) in relation to the Australian Capital Territory, such Minister of the Australian Capital Territory as is prescribed, and includes any Minister of the Australian Capital Territory for the time being acting for and on behalf of that Minister; and

 (b) in relation to the Northern Territory, such Minister of the Northern Territory as is prescribed, and includes any Minister of the Northern Territory for the time being acting for and on behalf of that Minister.

the Board means the Board of Management of the Institute established by section 8.

the Council means the Criminology Research Council established by section 34.

the Director means the Director of the Institute appointed under section 15.

the Fund means the Criminology Research Fund established by section 44.

the Institute means the Australian Institute of Criminology established by section 5.


Part IIThe Australian Institute of Criminology

Division 1Establishment, functions and powers of Institute

5  Establishment of Institute

 (1) There is hereby established an institute to be known as the Australian Institute of Criminology.

 (2) The Institute:

 (a) is a body corporate; and

 (b) shall have a seal.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

 (3) The seal of the Institute shall be kept in such custody as the Board directs and shall not be used except as authorized by the Board.

 (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 the document was duly sealed.

6  Functions of Institute

  The functions of the Institute are:

 (a) to conduct, or arrange for the conduct of, such criminological research as is approved by the Board or is requested by the AttorneyGeneral;

 (b) to communicate to the Commonwealth, the States, the Australian Capital Territory and the Northern Territory the results of research conducted by the Institute;

 (c) to conduct, or arrange for the conduct of, such seminars and courses of training or instruction for persons engaged, or to be engaged, in criminological research or in work related to the prevention or correction of criminal behaviour as are approved by the Board or are requested by the AttorneyGeneral;

 (d) to advise the Council in relation to needs for, and programmes of, criminological research;

 (e) to provide secretarial and administrative services for the Council;

 (f) to give advice and assistance in relation to any research performed wholly or partly with moneys provided out of the Fund;

 (g) to give advice in relation to the compilation of statistics relating to crime;

 (h) to publish such material resulting from or connected with the performance of its functions as is approved by the Board;

 (ha) to collect information and statistics (without detracting from, and in the context of, the overall collecting and coordinating role of the Australian Bureau of Statistics);

 (hb) to provide information and advice to Departments, agencies and authorities of the Commonwealth, of the States, of the Australian Capital Territory and of the Northern Territory dealing with the administration of criminal justice;

 (hc) to collaborate, in and outside Australia, with governments, institutions and authorities, and with bodies and persons, in relation to research, or the training of persons, in or in connection with the administration of criminal justice; and

 (i) to do anything incidental or conducive to the performance of any of the foregoing functions.

6A  Power of AttorneyGeneral to request Institute to perform certain functions

 (1) The AttorneyGeneral may request the Institute to:

 (a) conduct, or arrange for the conduct of, criminological research into a matter specified by the AttorneyGeneral; or

 (b) to conduct seminars or courses of training or instruction in a matter specified by the AttorneyGeneral, being seminars or courses of training or instruction for persons engaged, or to be engaged, in criminological research or in work related to the prevention or correction of criminal behaviour.

 (2) Where the AttorneyGeneral so requests the Institute to conduct, or arrange for the conduct of, criminological research, or to conduct seminars or courses of training or instruction, the AttorneyGeneral may also require the Board to ensure that such priority is given to the conduct of that research, or to the conduct of those seminars or courses of training or instruction, as the AttorneyGeneral specifies.

7  Powers of Institute

  The Institute has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, has power:

 (aa) to acquire, hold and dispose of real and personal property;

 (ab) to enter into contracts;

 (a) to erect buildings;

 (b) 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; and

 (c) to accept gifts, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Institute upon trust.


Division 2Board of Management of Institute

8  Establishment and functions of Board

 (1) There is hereby established a board to be known as the Board of Management of the Australian Institute of Criminology.

 (2) The Board is charged with the general direction of the Institute.

9  Constitution of Board

 (1) The Board shall consist of:

 (a) the Director;

 (b) 3 members appointed by the AttorneyGeneral; and

 (c) 4 members appointed by the Council.

 (2) A member of the Board who is appointed by the AttorneyGeneral holds office during the pleasure of the AttorneyGeneral.

 (3) A member of the Board who is appointed by the Council shall cease to hold office one year after the appointment takes effect unless the appointment is sooner terminated, but is eligible for reappointment.

 (5) An act or decision of the Board is not invalid by reason only of a vacancy or vacancies in the membership of the Board.

10  Deputies of members of Board

 (1) A member of the Board may:

 (a) in the case of the Director or a member appointed by the AttorneyGeneral—with the approval of the AttorneyGeneral; or

 (b) in the case of a member appointed by the Council—with the approval of the Council;

appoint a person, other than a member, to be the deputy of the member.

 (2) A member may revoke the appointment of a person as the deputy of the member, but the revocation is not effective until the member has given notice of it by writing signed by the member and delivered to the AttorneyGeneral or to the Council, as the case requires.

 (3) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Board, to attend that meeting and, when so attending, shall be deemed to be the member of whom he or she is the deputy.

11  Remuneration and allowances

 (1) A member of the Board appointed under paragraph 9(1)(b) or (c), or a deputy of such a member, shall be paid such remuneration as is determined by the Remuneration Tribunal.

 (2) A member of the Board appointed under paragraph 9(1)(b) or (c), or a deputy of such a member, shall be paid such allowances as are prescribed.

 (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

 (4) Subsection (1) does not apply in relation to a member of the Board, or a deputy of such a member, if the member or deputy holds any office or appointment, or is otherwise employed, on a fulltime basis in the service or employment of:

 (a) the Commonwealth, a State or the Administration of a Territory;

 (b) a body corporate established by a law of the Commonwealth, of a State or of a Territory for the purposes of the Commonwealth, of the State or of the Territory; or

  (c) an incorporated company over which the Commonwealth, a State or the Administration of a Territory is in a position to exercise control.

12  Chair of Board

 (1) The AttorneyGeneral shall appoint one of the members of the Board referred to in paragraph 9(1)(b) to be the Chair of the Board.

 (2) The Chair may resign from office as Chair by writing signed by the Chair and delivered to the AttorneyGeneral.

13  Resignation of members of Board and deputies of members

 (1) A member of the Board who is appointed by the AttorneyGeneral, or the deputy of such a member, may resign from office by writing signed by the member or the deputy, as the case may be, and delivered to the AttorneyGeneral.

 (2) A member of the Board who is appointed by the Council, or the deputy of such a member, may resign from office by writing signed by the member or the deputy, as the case may be, and delivered to the Chair of the Council.

14  Meetings of Board

 (1) The Chair of the Board or the deputy of the Chair may convene meetings of the Board.

 (2) If neither the Chair nor the deputy of the Chair is available, the AttorneyGeneral may convene a meeting of the Board.

 (3) The Chair or the deputy of the Chair shall preside at all meetings of the Board at which he or she is present.

 (4) At a meeting of the Board at which neither the Chair nor the deputy of the Chair is present, the members present shall elect one of the members appointed by the AttorneyGeneral to preside.

 (5) For the purposes of a meeting of the Board, 2 of the members appointed by the AttorneyGeneral and 2 of the members appointed by the Council constitute a quorum.

 (6) A member of the Board may, by writing signed by the member, appoint another member or the deputy of another member as his or her proxy to attend and vote on his or her behalf at a meeting of the Board at which neither the firstmentioned member nor his or her deputy is present.

 (7) At a meeting of the Board:

 (a) all decisions shall be made by a majority of votes of the members voting, whether personally or by proxy; and

 (b) the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.


Division 3Director, Acting Director and staff of Institute

15  Director of Institute

 (1) There shall be a Director of the Institute, who shall be appointed by the GovernorGeneral.

 (2) The appointment of the Director is subject to such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the GovernorGeneral.

16  Functions of Director

  Subject to the general direction exercised by the Board, the Director shall manage the affairs of the Institute.

17  Tenure of office of Director

 (1) Subject to this Act, the person appointed as the Director holds office for such period, not exceeding 7 years, as is specified in the instrument of the person’s appointment, but is eligible for reappointment.

 (4) The Director may resign from office by writing signed by the Director and addressed to the GovernorGeneral.

18  Remuneration and allowances of Director

 (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.

 (2) The Director shall be paid such allowances as are prescribed.

 (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

19  Leave of absence of Director

 (1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.

 (2) The AttorneyGeneral may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

20  Termination of appointment of Director

  The GovernorGeneral may terminate the appointment of the Director for misbehaviour of physical or mental incapacity.

21  Vacation of office of Director

  If the Director:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

 (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

the GovernorGeneral shall remove the Director from office.

22  Acting Director

 (1) The AttorneyGeneral may appoint a person to act as Director:

 (a) during a vacancy in the office of Director; or

 (b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Director;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

 (3) The AttorneyGeneral may:

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director; and

 (b) terminate such an appointment at any time.

 (4) Where a person is acting as Director in accordance with paragraph (1)(b) and the office of Director becomes vacant while that person is so acting, then, subject to subsection (2), that person may continue so to act until the AttorneyGeneral otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

 (5) The appointment of a person to act as Director ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the AttorneyGeneral.

 (6) While a person is acting as Director, the person may exercise all the powers, and shall perform all the functions, of the Director under this Act.

 (7) The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that the occasion for the appointment had not arisen, that there is a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

23  Appointment of staff of Institute

 (1) The Director may, on behalf of the Institute and with the approval of the AttorneyGeneral, appoint as employees of the Institute such persons as the Director thinks are necessary for the purposes of this Part.

 (2) The terms and conditions of employment of employees of the Institute are, subject to this Act, such as are from time to time determined by the Director with the approval of the AttorneyGeneral.


Division 4Finances of Institute

28  Moneys payable to Institute, and estimates of expenditure

 (1) There are payable to the Institute such moneys as are appropriated by the Parliament for the purposes of the Institute.

 (2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Institute.

29  Limit on contracts

  The Institute shall not, except with the approval of the AttorneyGeneral, enter into a contract involving the payment by the Institute of an amount exceeding $100,000.

31  Application of moneys

 (1) The moneys of the Institute shall be applied only:

 (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers; and

 (b) in payment of remuneration and allowances payable under this Part.

 (2) Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997.

32A  Trust moneys

 (1) The Institute shall ensure that all moneys received or held by the Institute on trust are paid into an account maintained under section 18 of the Commonwealth Authorities and Companies Act 1997 that does not contain any moneys of the Institute not held on trust.

 (2) Notwithstanding any other provision of this Division or any provision of the Commonwealth Authorities and Companies Act 1997:

 (a) moneys or other property held by the Institute on trust shall be applied or dealt with only in accordance with the powers and duties of the Institute as trustee; and

 (b) moneys held by the Institute on trust may be invested:

 (i) in any manner in which the Institute is authorized to invest those moneys by the terms of the trust; or

 (ii) in any manner in which trust moneys may, for the time being, be invested under law;

  but not otherwise.


Part IIIThe Criminology Research Council

Division 1Establishment and constitution of Council

34  Establishment of Council

 (1) There is hereby established a council to be known as the Criminology Research Council.

 (2) The Council:

 (a) is a body corporate with perpetual succession;

 (b) shall have a common seal;

 (c) may acquire, hold and dispose of real and personal property; and

 (d) may sue and be sued in its corporate name.

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

 (3) The common seal of the Council shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.

 (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Council appearing on a document and shall presume that the document was duly sealed.

35  Constitution of Council

 (1) The Council shall consist of 9 members, of whom:

 (a) one is to represent the Commonwealth;

 (b) one is to represent each State; and

 (ba) one is to represent the Australian Capital Territory; and

 (c) one is to represent the Northern Territory.

 (2) The member who is to represent the Commonwealth shall be appointed by the AttorneyGeneral and holds office during the pleasure of the AttorneyGeneral.

 (3) A member who is to represent a State, or a member who is to represent the Australian Capital Territory or the Northern Territory, shall be appointed by the AttorneyGeneral upon the nomination of the appropriate Minister of that State, or that Territory, as the case requires.

 (4) If, and only if, the appropriate Minister of a State, of the Australian Capital Territory or of the Northern Territory, so requests, the AttorneyGeneral shall remove from office the member representing that State, or the member representing that Territory, as the case requires.

 (5) The appointment of a member is not invalid by reason only of a defect or irregularity in connexion with the nomination of the member.

 (6) The exercise of a power, or the performance of a function, by the Council is not invalid by reason only of a vacancy or vacancies in the membership of the Council.

36  Deputies of members of Council

 (1) A member of the Council may:

 (a) in the case of the member appointed to represent the Commonwealth—with the approval of the AttorneyGeneral;

 (b) in the case of a member appointed to represent a State—with the approval of the appropriate Minister of the State; or

 (ba) in the case of the member appointed to represent the Australian Capital Territory—with the approval of the appropriate Minister of that Territory; or

 (c) in the case of the member appointed to represent the Northern Territory—with the approval of the appropriate Minister of that Territory;

appoint a person, other than a member, to be the deputy of the member.

 (2) A member may revoke the appointment of a person as the deputy of the member, but the revocation is not effective until the member has given notice of it by writing signed by the member and delivered to the AttorneyGeneral, to the appropriate Minister of the State concerned, or to the appropriate Minister of the Australian Capital Territory or the Northern Territory, as the case requires.

 (3) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Council, to attend that meeting and, when so attending, shall be deemed to be the member of whom he or she is the deputy.

37  Chair of Council

 (1) The Council shall elect one of the members of the Council to be the Chair of the Council.

 (2) The Chair ceases to hold office upon:

 (a) the expiration of one year after election; or

 (b) ceasing to be a member.

 (3) The Chair may resign from office as Chair by writing signed by the Chair and delivered to the AttorneyGeneral.

 (4) The Chair is eligible for reelection.

38  Resignation of members of Council and deputies of members

 (1) The member of the Council who is appointed to represent the Commonwealth, or the deputy of that member, may resign from office by writing signed by the member or the deputy, as the case may be, and delivered to the AttorneyGeneral.

 (2) A member of the Council who is appointed to represent a State, or the deputy of that member, may resign from office by writing signed by the member or the deputy, as the case may be, and delivered to the appropriate Minister of the State.

 (2A) The member of the Council who is appointed to represent the Australian Capital Territory, or the deputy of that member, may resign his or her office by writing signed by the member or deputy, as the case may be, and delivered to the appropriate Minister of the Australian Capital Territory.

 (3) The member of the Council who is appointed to represent the Northern Territory, or the deputy of that member, may resign his or her office by writing signed by the member or deputy, as the case may be, and delivered to the appropriate Minister of the Northern Territory.

39  Meetings of Council

 (1) The Chair of the Council or the deputy of the Chair may convene meetings of the Council.

 (2) If neither the Chair nor the deputy of the Chair is available, the AttorneyGeneral may convene a meeting of the Council.

 (3) The Chair or the deputy of the Chair shall preside at all meetings of the Council at which he or she is present.

 (4) At a meeting of the Council at which neither the Chair nor the deputy of the Chair is present, the members present shall elect one of their number to preside.

 (5) For the purposes of a meeting of the Council, the member representing the Commonwealth and 4 other members constitute a quorum.

 (6) A member of the Council may, by writing signed by the member, appoint another member or the deputy of another member as the proxy of the firstmentioned member to attend and vote on behalf of the firstmentioned member at a meeting of the Council at which neither the firstmentioned member nor the deputy of the firstmentioned member is present.

 (7) At a meeting of the Council:

 (a) all decisions shall be made by a majority of votes of the members voting, whether personally or by proxy; and

 (b) the member presiding has a deliberative vote and, if there is an equality of votes, also has the casting vote.


Division 2Functions and powers of Council

40  Functions of Council

  The functions of the Council are to control and administer the Fund in accordance with Part IV and, for that purpose, to examine, and determine the relative importance and urgency of, projects for which the expenditure of moneys from the Fund may be authorized.

41  Powers of Council

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

43  Copy of annual report also to be given to State, Australian Capital Territory and Northern Territory Ministers and AuditorsGeneral

  As soon as practicable after the members of the Council give the AttorneyGeneral the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997, the members must give a copy of the report to:

 (a) the appropriate Minister of each State, of the Australian Capital Territory and of the Northern Territory; and

 (b) the AuditorGeneral of each State, of the Australian Capital Territory and of the Northern Territory.


Part IVThe Criminology Research Fund

 

44  Establishment of Fund

 (1) There is hereby established a fund to be known as the Criminology Research Fund.

 (2) The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Council.

46  Moneys payable to Fund

  There shall be paid into the Fund:

 (a) any moneys appropriated by law for the purposes of the Fund;

 (b) any moneys paid by a State, the Australian Capital Territory or the Northern Territory to the Commonwealth, or to the Council, for the purposes of the Fund;

 (c) any income derived from the investment of moneys in the Fund;

 (d) any other moneys derived by the Council as a result of its administration of the Fund; and

 (e) any gifts or bequests made to the Fund or to the Council.

47  Application of moneys in Fund

 (1) Moneys in the Fund, other than moneys to which subsection (2) applies, shall be applied only:

 (a) in the making of payments for use for such purposes of, or related to, criminological research (including the dissemination of information and advice, and the publication of reports, periodicals, books and papers, in connexion with criminological research and the results of criminological research) as are determined by the Council; or

 (b) in the discharge of any obligations or liabilities of the Council arising under this Act.

 (2) Where a gift or bequest made to the Fund or to the Council is subject to conditions in relation to the purposes for which it is to be applied, the moneys paid into the Fund as a result of the gift or bequest, and any income derived from the investment of those moneys, shall be applied only for those purposes and subject to those conditions.

 (3) Surplus money of the Fund may be invested, in the name of the Council, under section 18 of the Commonwealth Authorities and Companies Act 1997, unless subsection (2) applies to the money and the conditions referred to in that subsection specify the manner in which the money is to be or may be invested. In that case, the money may only be invested in accordance with those conditions.


Part VMiscellaneous

 

50  Exemption from taxation: Institute, Council and Fund

  The transactions of the Institute and of the Council and the income and transactions of the Fund are not subject to taxation under any law of the Commonwealth, of a State or of a Territory.

51  Regulations

  The GovernorGeneral may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Criminology Research Act 1971

Note 1

The Criminology Research Act 1971 as shown in this compilation comprises Act No. 15, 1971 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Criminology Research Act 1971

15, 1971

6 Apr 1971

6 Nov 1972 (see Gazette 1972, No. 108)

 

Salaries (Statutory Offices) Adjustment Act 1971

136, 1971

16 Dec 1971

16 Dec 1971

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12 June 1978

12 June 1978

S. 8

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

S. 3: 3 July 1985 (a)

Criminology Research Amendment Act 1986

123, 1986

2 Dec 1986

30 Dec 1986

S. 30

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

Ss. 4(1), 10(b) and 1520: 1 Dec 1988
Ss. 28(b)(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332)
Remainder: Royal Assent

S. 31(2)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 4 (items 54, 55): Royal Assent (b)

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 639656): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (item 352): 5 Dec 1999 (see Gazette 1999, No. S584) (d)

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

29 Oct 2001

Sch. 1 (item 97) [see Table A]

Crimes Legislation Enhancement Act 2003

41, 2003

3 June 2003

Schedule 2 (items 6A6P): Royal Assent

as amended by

 

 

 

 

Statute Law Revision Act 2006

9, 2006

23 Mar 2006

Schedule 2 (item 15): 3 June 2003 (see s. 2(1))

 

(a) The Criminology Research Act 1971 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twentyeighth day after the day on which it receives the Royal Assent.

(b) The Criminology Research Act 1971 was amended by Schedule 4 (items 54 and 55) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

 (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(c) The Criminology Research Act 1971 was amended by Schedule 2 (items 639656) only of the Audit (Transitional  and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(d) The Criminology Research Act 1971 was amended by Schedule 1 (item 352) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

 

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part I

 

S. 3....................

rep. No. 216, 1973

S. 4....................

am. No. 123, 1986; No. 152, 1997; No. 41, 2003

Part II

 

Division 1

 

S. 5....................

am. No. 123, 1986

Note to s. 5(2).............

ad. No. 152, 1997

S. 6 ....................

am. No. 123, 1986; No. 41, 2003

S. 6A...................

ad. No. 123, 1986

S. 7....................

am. No. 123, 1986

Division 2

 

Ss. 9, 10................

am. No. 123, 1986

S. 11...................

rs. No. 123, 1986

 

am. No. 43, 1996

Ss. 1214................

am. No. 123, 1986; No. 152, 1997

Division 3

 

S. 17...................

am. No. 123, 1986; No. 159, 2001

S. 18...................

am. No. 136, 1971

 

rs. No. 123, 1986

 

am. No. 43, 1996

S. 19...................

am. No. 123, 1986

 

rs. No. 122, 1991

 

am. No. 146, 1999

S. 21...................

am. No. 123, 1986; No. 122, 1991

S. 22...................

rs. No. 123, 1986

S. 23...................

am. No. 123, 1986

S. 24...................

am. No. 216, 1973

 

rep. No. 65, 1985

S. 25...................

rep. No. 216, 1973

Ss. 26, 27................

rep. No. 123, 1986

Division 4

 

S. 28...................

am. No. 36, 1978; No. 123, 1986

S. 28A..................

ad. No. 123, 1986

 

rep. No. 152, 1997

S. 29...................

am. No. 123, 1986

S. 30 ...................

rep. No. 152, 1997

S. 31...................

rs. No. 123, 1986

 

am. No. 152, 1997

S. 32 ...................

rep. No. 152, 1997

S. 32A..................

ad. No. 123, 1986

 

am. No. 152, 1997

S. 33...................

am. No. 216, 1973; No. 36, 1978; No. 123, 1986

 

rep. No. 152, 1997

Part III

 

Division 1

 

S. 34 ...................

am. No. 123, 1986

Note to s. 34(2)............

ad. No. 152, 1997

Ss. 35, 36................

am. No. 123, 1986; No. 41, 2003

S. 37 ...................

am. No. 123, 1986; No. 152, 1997

S. 38 ...................

am. No. 123, 1986; No. 41, 2003

S. 39 ...................

am. No. 123, 1986; No. 152, 1997

Division 2

 

S. 42 ...................

rep. No. 152, 1997

Heading to s. 43...........

am. No. 41, 2003

S. 43...................

am. No. 216, 1973; No. 36, 1978; No. 123, 1986

 

rs. No. 152, 1997

 

am. No. 41, 2003

Part IV

 

S. 44 ...................

am. No. 152, 1997

S. 45...................

rep. No. 152, 1997

S. 46 ...................

am. No. 123, 1986; No. 41, 2003 (as am. by No. 9, 2006)

S. 47 ...................

am. No. 123, 1986; No. 152, 1997

Ss. 48, 49 ...............

am. No. 123, 1986

 

rep. No. 152, 1997

Part V

 

S. 50...................

am. No. 216, 1973

Table A

Application, saving or transitional provisions

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)

Schedule 1

97  Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.