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

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 re‑appoint.

criminological research means research in connexion with:

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

(b) any related matter.

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.

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 II—The Australian Institute of Criminology

Division 1—Establishment, 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 Attorney‑General;

(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 Attorney‑General;

(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 Attorney‑General to request Institute to perform certain functions

(1) The Attorney‑General may request the Institute to:

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

(b) to conduct seminars or courses of training or instruction in a matter specified by the Attorney‑General, 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 Attorney‑General 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 Attorney‑General 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 Attorney‑General 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 2—Board 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 Attorney‑General; and

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

(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 re‑appointment.

(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 Attorney‑General—with the approval of the Attorney‑General; 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.

(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 full‑time 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 Attorney‑General 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 Attorney‑General.

13 Resignation of members of Board and deputies of members

(1) A member of the Board who is appointed by the Attorney‑General, 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 Attorney‑General.

(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 Attorney‑General 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 Attorney‑General to preside.

(5) For the purposes of a meeting of the Board, 2 of the members appointed by the Attorney‑General 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 first‑mentioned 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 3—Director, 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 Governor‑General.

(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 Governor‑General.

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 re‑appointment.

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

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 Attorney‑General 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 Governor‑General 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 Governor‑General shall remove the Director from office.

22 Acting Director

(1) The Attorney‑General 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 Attorney‑General 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 Attorney‑General 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 Attorney‑General.

(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 Attorney‑General, 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 Attorney‑General.

Division 4—Finances 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 Finance Minister 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 Attorney‑General, 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 III—The Criminology Research Council

Division 1—Establishment 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;

(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

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

(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 Attorney‑General 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 Attorney‑General 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 Attorney‑General;

(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 Attorney‑General, 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 Attorney‑General.

(4) The Chair is eligible for re‑election.

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 Attorney‑General.

(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 Attorney‑General 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 first‑mentioned member to attend and vote on behalf of the first‑mentioned member at a meeting of the Council at which neither the first‑mentioned member nor the deputy of the first‑mentioned 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 2—Functions 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 Auditors‑General

As soon as practicable after the members of the Council give the Attorney‑General 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 Auditor‑General of each State, of the Australian Capital Territory and of the Northern Territory.

Part IV—The 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;

(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 V—Miscellaneous

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 Governor‑General 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.

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 15–20: 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 639–656): 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 6A–6P): 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))	—
Financial Framework Legislation Amendment Act 2010	148, 2010	17 Dec 2010	Schedule 7: [see Note 2 and Table A]	Sch. 7 (items 19–29) [see Table A]
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 5 (items 79, 80): 19 Apr 2011	—

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; No. 5, 2011
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. 12–14................	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; No. 5, 2011
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

Note 2

Financial Framework Legislation Amendment Act 2010 (No. 148, 2010)

The following amendments commence on 1 July 2011:

Schedule 7

1 Section 4

Insert:

Advisory Council means the Criminology Research Advisory Council established under section 33.

2 Section 4 (definition of the Board)

Repeal the definition.

3 Section 4 (definition of the Council)

Repeal the definition.

4 Section 4 (definition of the Fund)

Repeal the definition.

5 Subsections 5(2) to (4)

Repeal the subsections, substitute:

(2) The Institute consists of:

(a) the Director; and

(b) the staff of the Institute.

6 Section 6

Repeal the section, substitute:

6 Functions of Institute

The Institute has the following functions:

(a) to promote justice and reduce crime by:

(i) conducting criminological research; and

(ii) communicating the results of that research to the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the community;

(b) to assist the Director in performing the Director’s functions;

(i) criminological research that is relevant to the public policy of the States, the Australian Capital Territory and the Northern Territory; and

(ii) activities related to that research (including the publication of that research, for example).

7 Subsection 6A(2)

Omit “Board ”, substitute “Director”.

8 Section 7

Repeal the section.

9 Division 2 of Part II

Repeal the Division.

10 Subsections 15(1) and (2)

Omit “Governor‑General”, substitute “Attorney‑General”.

11 Section 16

Repeal the section, substitute:

16 Functions of Director

The Director has the following functions:

(a) to conduct, or arrange for the conduct of, the criminological research that is:

(i) approved by the Director, taking the advice of the Advisory Council into account; or

(ii) requested by the Attorney‑General;

(b) to communicate the results of that research to the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the community;

(c) to conduct, or arrange for the conduct of, the 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 that are:

(i) approved by the Director, taking the advice of the Advisory Council into account; or

(ii) requested by the Attorney‑General;

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

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

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

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

(h) to publish the material resulting from or connected with the performance of the Institute’s functions that is approved by the Director, taking the advice of the Advisory Council into account;

(i) 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);

(j) 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;

(k) 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;

(l) to approve payments for grants and engaging specialists, taking the advice of the Advisory Council into account;

(m) to do anything incidental or conducive to the performance of any of these functions.

12 Subsection 17(1)

Omit “7 years”, substitute “5 years”.

13 Subsection 17(4)

Omit “Governor‑General”, substitute “Attorney‑General”.

14 Sections 20 and 21

Omit “Governor‑General”, substitute “Attorney‑General”.

15 Section 23

Repeal the section, substitute:

23 Staff of the Institute

(1) The staff of the Institute are:

(a) persons engaged under the Public Service Act 1999; or

(b) persons employed or engaged by the Institute for a particular project.

(2) The Director, with the approval of the Attorney‑General, must determine the terms and conditions of employment of the persons mentioned in paragraph (1)(b).

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

(a) the Director, and the APS employees assisting the Director, together constitute a Statutory Agency; and

(b) the Director is the Head of the Statutory Agency.

24 Consultants

The Director, on behalf of the Commonwealth, may engage persons having suitable qualifications and experience as consultants to the Institute.

16 Division 4 of Part II

Repeal the Division.

17 Parts III and IV

Repeal the Parts, substitute:

Part III—Criminology Research Advisory Council

33 Criminology Research Advisory Council

(1) The Criminology Research Advisory Council is established.

(2) The Advisory Council has the functions of advising the Director in relation to:

(a) the strategic priorities for research in criminology; and

(b) the priorities for communicating the results of that research; and

(3) The Advisory Council consists of the following members:

(a) a representative of the Commonwealth, who is appointed by the Attorney‑General;

(b) a representative of each of the States, the Australian Capital Territory and the Northern Territory, who is appointed by the Attorney‑General for the State or Territory.

(4) A person stops being a member of the Advisory Council if:

(a) the person resigns, by a written notice given to the Attorney‑General of the government that the person represents; or

(b) the Attorney‑General of the government that the person represents, by a written notice, revokes the appointment.

34 Meetings of the Advisory Council

(1) The Director must ensure that the Advisory Council meets at least 3 times in each calendar year.

(2) The Director must attend, and keep minutes of, the meetings.

(3) However, the Director is not entitled to vote at the meetings.

(4) Except as otherwise provided in this section, or in the regulations, the Advisory Council may conduct its meetings in any way that it considers appropriate.

18 Section 50

Repeal the section, substitute:

46 Criminology Research Special Account

(1) The Criminology Research Special Account is established by this section.

(2) The Criminology Research Special Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

(3) The following amounts must be credited to the Criminology Research Special Account:

(a) amounts appropriated by the Parliament for the purposes of the Account;

(b) amounts paid by a State, the Australian Capital Territory or the Northern Territory to the Institute;

(c) amounts received by the Institute in relation to performing any of its functions, or exercising any of its powers, under this Act;

(d) amounts of any gifts given, or bequests made, for the purposes of the Account.

Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.

(4) The Criminology Research Special Account may be debited for the following purposes:

(a) the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Institute’s functions;

(b) any remuneration and allowances payable to a person under this Act;

(d) any amount that is required or permitted to be repaid;

(e) to reduce the balance of the Account (and, therefore, the available appropriation for the Account) without making a real or notional payment.

Note: See section 21 of the Financial Management and Accountability Act 1997 (debits from Special Accounts).

47 Institute may charge for services

(1) The Institute may charge for services that it provides in performing any of its functions, or exercising any of its powers, under this Act.

(2) The charge must be an amount that is reasonably related to the cost of providing the services.

48 Delegation by Director

(1) The Director, by signed instrument, may delegate all or any of the Director’s functions or powers to an SES employee, or acting SES employee, of the Institute.

(2) A delegate must comply with any written directions that the Director gives to the delegate when performing a function, or exercising a power, of the Director.

49 Annual report

(1) The Director must prepare a written report on the operations of the Institute each financial year, and give it to the Minister for presentation to the Parliament.

Note: Also see section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

(2) Without limiting subsection (1), the report must include:

(a) if a grant was made to a person during the financial year:

(i) the name of the person; and

(ii) the amount of the grant; and

(iii) the purpose of the grant; and

(b) any other matter prescribed by the regulations.

As at 19 April 2011 the amendments are not incorporated in this compilation.

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.

Financial Framework Legislation Amendment Act 2010 (No. 148, 2010)

The following provisions commence on 1 July 2011:

Schedule 7

19 Institute and Board

(1) This item applies despite the amendment or repeal of a provision of the Criminology Research Act 1971 made by this Schedule.

(2) A person who holds office as a member of the Criminology Research Council, immediately before the commencement of this item, continues to hold office as a member of the Criminology Research Advisory Council after that commencement on the same terms and conditions, as if appointed under section 33 of the Criminology Research Act 1971 as inserted by this Act.

(3) A person who holds office as the Director of the Australian Institute of Criminology (the Institute), immediately before the commencement of this item, continues to hold office after that commencement on the same terms and conditions, as if appointed by the Attorney‑General.

(4) If the context permits:

(a) a reference in an Act, statutory instrument or other document (including a contract, for example) to the Board is a reference to the Director; and

(b) a reference in an Act, statutory instrument or other document to a member of the Board is a reference to a member of the Institute.

(5) A decision made by the Board that is in force immediately before this item commences continues in force when this item commences, as if made by the Director.

(6) In this item:

decision includes an agreement, approval, authorisation, certificate, consent, declaration, deed, delegation, direction, dismissal, exemption, instruction, minute of a meeting, order, policy, protocol, recommendation, release, resolution or settlement, for example.

20 Employees

(1) This item applies to a person who was an employee of the old Institute immediately before this Schedule commenced.

(2) If a public service determination applies to the person, the person’s service as an employee of the old Institute is taken, for all purposes, to be continuous with his or her service as an employee of the new Institute.

(3) If a public service determination does not apply to the person:

(a) the person is taken, when this Schedule commences, to be employed under this Act as an employee of the new Institute without change to the terms and conditions of their employment; and

(b) the person’s service as an employee of the old Institute is taken, for all purposes, to be continuous with his or her service as an employee of the new Institute.

(4) In this item:

new Institute means the Institute as it exists after this Schedule commences.

old Institute means the Institute as it existed immediately before this Schedule commenced.

public service determination means a determination that:

(a) is made under section 72 of the Public Service Act 1999; and

(b) causes the person, when this Schedule commences, to become engaged under the Public Service Act 1999 as an employee of the new Institute.

21 Vesting of property and money

(1) When this Schedule commences:

(a) any real or personal property or money of, or held on trust by, the Institute immediately before this Schedule commences:

(i) ceases to be property or money of, or held on trust by, the Institute; and

(ii) becomes the property or money of, or held on trust by, the Commonwealth, without any conveyance, transfer or assignment; and

(b) the Commonwealth becomes the Institute’s successor in law in relation to that property or money.

(2) An amount that is equal to the total of following amounts is credited to the Criminology Research Special Account when this Schedule commences:

(a) the amount of money that the Institute had immediately before this Schedule commences;

(b) the amount that was credited to the Criminology Research Fund immediately before this Schedule commences.

22 Vesting of financial liabilities

When this Schedule commences:

(a) any financial liabilities of, or relating to property or money held on trust by, the Institute immediately before this Schedule commences:

(i) cease to be liabilities of, or relating to property or money held on trust by, the Institute; and

(ii) become financial liabilities of, or relating to property or money held on trust by, the Commonwealth, without any conveyance, transfer or assignment; and

(b) the Commonwealth becomes the Institute’s successor in law in relation to those liabilities.

23 Instruments relating to transferred assets and liabilities

(1) This item applies to an instrument that:

(a) relates to assets or liabilities covered by items 21 and 22; and

(b) refers to the Institute; and

(2) When this Schedule commences, the reference to the Institute is to be read as a reference to the Commonwealth as necessary to give effect to items 21 and 22.

24 Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or Territory in respect of, or anything connected with:

(a) the transfer of an asset or liability under this Part; or

(b) the operation of this Part in any other respect.

25 Proceedings

(1) This item applies to any proceedings to which the Institute was a party that were pending in any court or tribunal immediately before this Schedule commences.

(2) When this Schedule commences, the Commonwealth is substituted for the Institute as a party to the proceedings.

26 Contracts

(1) This item applies to a contract that:

(a) was entered into by the Institute before this Schedule commences; and

(b) was in force immediately before commencement of this Schedule.

(2) When this Schedule commences, the contract has effect as if the Commonwealth had entered into the contract.

(3) In this item:

contract includes an agreement, arrangement or understanding.

27 Appropriations

If the Consolidated Revenue Fund is appropriated under an Act (an appropriation Act) to the Department in which the Criminology Research Act 1971 is administered, for payment to the Australian Institute of Criminology or to the Criminology Research Council, the appropriation Act continues to apply after this Schedule commences as if the appropriations were to the Institute.

28 Reports

Reports for periods ending before this Schedule commences

(1) If:

(a) a law required the Institute, or the Criminology Research Council, to provide a report (whether financial statements or otherwise) for a period that ended before this Schedule commences; and

(b) the report has not been provided before this Schedule commences;

the Institute must provide the report as required.

Reports for periods ending after this Schedule commences

(2) If:

(a) immediately before this Schedule commences, a law required the Institute, or the Criminology Research Council, to provide a report (whether financial statements or otherwise) for a period; and

(b) the period ends after this Schedule commences;

the Institute must provide the report, as required, for the part of the period that occurs before this Schedule commences.

(3) If:

(a) under subitem (2), the Institute is required to provide a report for a part of a period; and

(b) the Criminology Research Council is also required to provide a similar report for the remainder of the period;

the Institute may meet the requirements in a single report for the period.

29 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(3) Without limiting subitem (2), the regulations may prescribe matters of a transitional nature in relation to the transfer of staff from the old Institute to the new Institute and, in particular, may provide for:

(a) the way in which the entitlements and obligations of the staff of the old Institute are to be treated on the transfer of staff; or

(b) staffing procedures of the old Institute to apply, or to continue to apply, in relation to:

(i) processes begun before, but not completed when, this Schedule commences; or

(ii) things done by, for or in relation to the old Institute or a staff member of the old Institute before this Schedule commences; or

(i) processes begun before, but not completed when, this Schedule commences; or

(ii) things done by, for or in relation to the old Institute or a staff member of the old Institute before this Schedule commences.

(4) Regulations made under subitem (1) have effect despite:

(a) the Fair Work Act 2009; or

(b) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

(5) In this item:

new Institute means the Institute as it exists after this Schedule commences.

old Institute means the Institute as it existed immediately before this Schedule commenced.

staffing procedures includes procedures and policies, and any actions or decisions taken under or in accordance with those procedures and policies, that relate to the following:

(a) recruitment, probation, or promotion;

(b) performance management or appraisal;

(d) conditions of continued employment, including failure to gain, or loss of, essential qualifications or clearances;

(e) disciplinary action;

(f) grievance processes or reviews of, or appeals against, staffing decisions;

(g) transfers, redundancy, resignations, or termination of employment;

(h) leave.