Criminology Research Act 1971

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

Part I—Preliminary

1 Short title

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

2 Commencement

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.

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

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 Public Governance, Performance and Accountability Act 2013.

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

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 consists of:

(a) the Director; and

(b) the staff of the Institute.

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).

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

(1) The Minister may request the Institute to:

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

(b) to conduct seminars or courses of training or instruction in a matter specified by the Minister, 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 Minister 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 Minister may also require the Director 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 Minister specifies.

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 Minister.

(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 Minister.

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 Minister;

(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 Minister;

(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.

17 Tenure of office of Director

(1) Subject to this Act, the person appointed as the Director holds office for such period, not exceeding 5 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 Minister.

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 Minister 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 Minister 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 Minister shall remove the Director from office.

22 Acting Director

The Minister 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.

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

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 Minister, 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.

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;

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

(4) The representative of the Commonwealth is:

(a) if the Minister designates in writing a position in the Department for the purposes of this paragraph—the person for the time being occupying that position; or

(b) otherwise—the person appointed by the Minister in writing.

(5) A designation made under paragraph (4)(a) is not a legislative instrument.

(6) The representative of a State, the Australian Capital Territory or the Northern Territory is the person appointed by the Attorney‑General of the State or Territory in writing.

(7) A person appointed under paragraph (4)(b) may resign from the Advisory Council by written notice given to the Minister.

(8) A person appointed under subsection (6) may resign from the Advisory Council by written notice given to the Attorney General of the relevant State or Territory.

Note: An appointment may be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.

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.

Part IV—Application of the finance law

35 Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the following combination of bodies is a listed entity:

(i) the Institute;

(ii) the Advisory Council; and

(b) the listed entity is to be known as the Australian Institute of Criminology; and

(d) the following persons are officials of the listed entity:

(i) the Director;

(ii) the staff of the Institute;

(iii) the members of the Advisory Council;

(iv) consultants engaged under section 24; and

(e) the purposes of the listed entity include:

(i) the functions of the Institute referred to in section 6; and

(ii) the functions of the Director referred to in section 16; and

(iii) the functions of the Advisory Council referred to in subsection 33(2).

Part V—Miscellaneous

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 Public Governance, Performance and Accountability Act 2013.

(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 special 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 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with 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

The annual report prepared by the Director and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

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

(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.

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.

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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
Criminology Research Act 1971	15, 1971	6 Apr 1971	6 Nov 1972 (s 2 and gaz 1972, No 108)
Salaries (Statutory Offices) Adjustment Act 1971	136, 1971	16 Dec 1971	s 3(1): 16 Dec 1971 (s 2(2))	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973 (s 2)	s 9(1) and 10
Administrative Changes (Consequential Provisions) Act 1978	36, 1978	12 June 1978	12 June 1978 (s 2)	s 8
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	s 3: 3 July 1985 (s 2(1))	—
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	s 4(1), 10(b) and 15–20: 1 Dec 1988 (s 2(2)) s 28(b)–(e), 30 and 31: 10 Dec 1991 (s 2(3) and gaz 1991, No S332) Remainder: 27 June 1991 (s 2(1))	s 31(2)
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Sch 4 (items 54, 55): 25 Oct 1996 (s 2(1))	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Sch 2 (items 639–656): 1 Jan 1998 (s 2(2) and gaz 1997, No GN49)	—
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Sch 1 (item 352): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584)	—
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	Sch 1 (item 36): 29 Oct 2001 (s 2(1))	Sch 1 (item 97)
Crimes Legislation Enhancement Act 2003	41, 2003	3 June 2003	Sch 2 (items 6A–6P): 3 June 2003 (s 2(1) item 2)	—
as amended by
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Sch 2 (item 15): 3 June 2003 (s 2(1) item 30)	—
Financial Framework Legislation Amendment Act 2010	148, 2010	17 Dec 2010	Sch 7: 1 July 2011 (s 2(1) item 7)	Sch 7 (items 19–29)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 5 (items 79, 80): 19 Apr 2011 (s 2(1) item 13)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 462–466) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12)	Sch 3 (items 10, 11)
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 6 (item 37) and Sch 8 (items 85–89): 1 July 2014 (s 2(1) item 6)	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)	—
Home Affairs and Integrity Agencies Legislation Amendment Act 2018	31, 2018	9 May 2018	Sch 2 (items 115, 116, 284): 11 May 2018 (s 2(1) items 3, 7)	Sch 2 (item 284)
Crimes and Other Legislation Amendment (Omnibus) Act 2023	63, 2023	13 Sept 2023	Sch 4 (items 1, 2): 11 Oct 2023 (s 2(1) item 5)	Sch 4 (item 2)

Endnote 4—Amendment history

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. 148, 2010; No. 5, 2011; No 62, 2014
Part II
Division 1
s. 5.....................	am. No. 123, 1986; No. 148, 2010
Note to s. 5(2).............	ad. No. 152, 1997
	rep. No. 148, 2010
s. 6 ....................	am. No. 123, 1986; No. 41, 2003
	rs. No. 148, 2010
s. 6A....................	ad. No. 123, 1986
	am. No. 148, 2010; No 31, 2018
s. 7.....................	am. No. 123, 1986
	rep. No. 148, 2010
Div. 2 of Part II............	rep. No. 148, 2010
s. 8.....................	rep. No. 148, 2010
ss. 9, 10..................	am. No. 123, 1986
	rep. No. 148, 2010
s. 11....................	rs. No. 123, 1986
	am. No. 43, 1996
	rep. No. 148, 2010
ss. 12–14.................	am. No. 123, 1986; No. 152, 1997
	rep. No. 148, 2010
Division 3
s. 15....................	am. No. 148, 2010; No 31, 2018
s. 16....................	rs. No. 148, 2010
	am No 31, 2018
s. 17....................	am. No. 123, 1986; No. 159, 2001; No. 148, 2010; No 31, 2018
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; No 31, 2018
s. 20....................	am. No. 148, 2010; No 31, 2018
s. 21....................	am. No. 123, 1986; No. 122, 1991; No. 148, 2010; No 31, 2018
s. 22....................	rs. No. 123, 1986
	am. No. 46, 2011; No 31, 2018
s. 23....................	am. No. 123, 1986
	rs. No. 148, 2010
	am No 31, 2018
s. 24....................	am. No. 216, 1973
	rep. No. 65, 1985
	ad. No. 148, 2010
s. 25....................	rep. No. 216, 1973
ss. 26, 27.................	rep. No. 123, 1986
Div. 4 of Part II............	rep. No. 148, 2010
s. 28....................	am. No. 36, 1978; No. 123, 1986; No. 5, 2011
	rep. No. 148, 2010
s. 28A...................	ad. No. 123, 1986
	rep. No. 152, 1997
s. 29....................	am. No. 123, 1986
	rep. No. 148, 2010
s. 30 ...................	rep. No. 152, 1997
s. 31....................	rs. No. 123, 1986
	am. No. 152, 1997
	rep. No. 148, 2010
s. 32 ...................	rep. No. 152, 1997
s. 32A...................	ad. No. 123, 1986
	am. No. 152, 1997
	rep. No. 148, 2010
Part III
Part III..................	rs. No. 148, 2010
s. 33....................	am. No. 216, 1973; No. 36, 1978; No. 123, 1986
	rep. No. 152, 1997
	ad. No. 148, 2010
	am No 31, 2018; No 63, 2023
s. 34 ...................	am. No. 123, 1986
	rs. No. 148, 2010
Note to s. 34(2).............	ad. No. 152, 1997
	rep. No. 148, 2010
Pt IV
Pt IV...................	ad No 62, 2014
s. 35....................	am. No. 123, 1986; No. 41, 2003
	rep. No. 148, 2010
	ad No 62, 2014
s. 36....................	am. No. 123, 1986; No. 41, 2003
	rep. No. 148, 2010
s. 37....................	am. No. 123, 1986; No. 152, 1997
	rep. No. 148, 2010
s. 38....................	am. No. 123, 1986; No. 41, 2003
	rep. No. 148, 2010
s. 39....................	am. No. 123, 1986; No. 152, 1997
	rep. No. 148, 2010
ss. 40, 41.................	rep. No. 148, 2010
s. 42 ...................	rep. No. 152, 1997
Heading to s. 43............	am. No. 41, 2003
	rep. No. 148, 2010
s. 43....................	am. No. 216, 1973; No. 36, 1978; No. 123, 1986
	rs. No. 152, 1997
	am. No. 41, 2003
	rep. No. 148, 2010
Part IV..................	rep. No. 148, 2010
s. 44....................	am. No. 152, 1997
	rep. No. 148, 2010
s. 45....................	rep. No. 152, 1997
Part V
s. 46....................	am. No. 123, 1986; No. 41, 2003 (as am. by No. 9, 2006)
	rs. No. 148, 2010
	am No 62, 2014
Note to s 46(3).............	am No 62, 2014
Note to s 46(4).............	rs No 62, 2014
s. 47....................	am. No. 123, 1986; No. 152, 1997
	rs. No. 148, 2010
s. 48....................	am. No. 123, 1986
	rep. No. 152, 1997
	ad. No. 148, 2010
s. 49....................	am. No. 123, 1986
	rep. No. 152, 1997
	ad. No. 148, 2010
	rs No 62, 2014
s. 50....................	am. No. 216, 1973
	rep. No. 148, 2010