Australia-Japan Foundation Act 1976

Act No. 18 of 1976 as amended

Consolidated as in force on 4 May 1998

(includes amendments up to Act No. 152 of 1997)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Part I—Preliminary 1

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

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

3 Interpretation.................................1

Part II—Establishment, functions and powers of Foundation 2

4 Establishment of Foundation........................2

5 Functions of Foundation..........................2

6 Powers of Foundation............................2

7 Delegation..................................3

Part III—Constitution and meetings of Foundation 4

8 Incorporation of Foundation........................4

9 Membership of Foundation.........................4

10 Term of office................................4

11 Remuneration and allowances.......................4

12 Acting members...............................5

13 Resignation..................................5

14 Termination of office............................5

15 Meetings...................................6

16 Disclosure of interest by members.....................6

Part IV—Australia‑Japan Reserve 7

17 Establishment of Reserve..........................7

18 Moneys of Reserve.............................7

19 Application of moneys of Reserve.....................7

Part V—Miscellaneous 8

20 Staff......................................8

21 Committees..................................8

22 Engagement of consultants etc.......................8

23 Contracts and borrowing..........................8

24 Taxation....................................9

25 Annual report.................................9

26 Regulations..................................9

An Act to establish a Foundation for encouraging a closer Relationship between the Peoples of Australia and Japan, and to Provide for related Matters

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Part I—Preliminary

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1  Short title [see Note 1]

This Act may be cited as the  Australia-Japan Foundation Act 1976.

2  Commencement [see Note 1]

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

3  Interpretation

In this Act, unless the contrary intention appears:

Foundation means the Foundation established by section 4.

member means a member of the Foundation.

property means real or personal property, and includes money.

Reserve means the reserve established by section 17.

Part II—Establishment, functions and powers of Foundation

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4  Establishment of Foundation

There is established by this Act a Foundation by the name of the Australia-Japan Foundation.

5  Functions of Foundation

 (1) The functions of the Foundation are to encourage a closer relationship between the peoples of Australia and Japan and to further the mutual knowledge and understanding of those peoples and, in particular, but without limiting the foregoing:

 (a) to promote the study by the people of each of those countries of the language, culture and traditions, the social and political institutions, and the economic and industrial organization, of the people of the other country;

 (b) to promote the study by the people of each of those countries of the physical features, climate and ecology of the other country;

 (c) to encourage people of each of those countries to visit the other country; and

 (d) to administer the Reserve.

 (2) If the Minister so requests, the Foundation shall furnish him with advice concerning any specified matter falling within the scope of the functions of the Foundation.

 (3) The Foundation shall perform its functions in accordance with any general directions given by the Minister.

6  Powers of Foundation

 (1) Subject to this Act, the Foundation may do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, but without limiting the foregoing, may:

 (a) enter into contracts;

 (b) occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Foundation;

 (c) acquire, hold and dispose of property;

 (d) with the approval of the Minister, accept gifts, devises and bequests made to the Foundation, whether on trust or otherwise, and act as trustee of property vested in the Foundation upon trust;

 (e) make grants or loans of money, and provide scholarships or other benefits, on such conditions as it thinks fit; and

 (f) co-operate with other persons.

 (2) Notwithstanding anything contained in this Act, property vested in the Foundation upon trust shall be dealt with in accordance with the powers and duties of the Foundation as trustee.

 (3) The Foundation may perform its functions and exercise its powers in Australia and Japan and elsewhere.

7  Delegation

 (1) The Foundation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a member, or to a member of the staff of the Foundation, any of its powers under this Act, other than this power of delegation.

 (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Foundation.

 (3) A delegation under this section does not prevent the exercise of a power by the Foundation.

Part III—Constitution and meetings of Foundation

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8  Incorporation of Foundation

 (1) The Foundation:

 (a) is a body corporate, with perpetual succession;

 (b) shall have a common seal; and

 (c) may sue and be sued under its corporate name.

 (2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Foundation affixed to a document and presume that it was duly affixed.

9  Membership of Foundation

 (1) The Foundation shall consist of not less than 5 nor more than 15 members.

 (2) The members shall be appointed by the Minister as part-time members.

 (3) The Minister shall appoint a member to be the Chair and another member to be the Deputy Chair.

 (4) The performance of the functions and the exercise of the powers of the Foundation are not affected by reason only of:

 (a) there being a vacancy in the office of Chair or of Deputy Chair; or

 (b) the number of members falling below 5 for a period of not more than 6 months.

10  Term of office

A member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

11  Remuneration and allowances

 (1) A member shall be paid by the Commonwealth such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

 (2) A member shall be paid by the Commonwealth such allowances as are prescribed.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973-1975.

12  Acting members

 (1) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair) during any period, or during all periods, when a member is absent from duty or from Australia or, for any reason, unable to perform the functions of his office.

 (2) The Minister may:

 (a) determine the terms and conditions of appointment, including remuneration and allowances, of an acting member; and

 (b) at any time terminate such an appointment.

 (3) The appointment of an acting member ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.

 (4) At any time when a person is acting as a member, he has, and may exercise, all the powers and shall perform all the functions of a member and he shall be deemed to be a member for the purposes of sections 15 and 16.

 (5) The validity of anything done by a person appointed under this section shall not be called in question by reason of any defect or irregularity in or in connexion with his appointment or on the ground that the occasion for his acting as a member had not arisen or had ceased.

13  Resignation

A member may resign his office by writing signed by him and delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

14  Termination of office

 (1) The Minister may terminate the appointment of a member by reason of misbehaviour or physical or mental incapacity.

 (2) If a member:

 (a) is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Foundation;

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

 (c) fails, without reasonable excuse, to comply with section 16;

the Minister shall terminate the appointment of the member.

15  Meetings

 (1) The Foundation shall hold such meetings as are necessary for the performance of its functions.

 (2) The meetings shall be convened by the Chair or the Deputy Chair.

 (3) Where the Minister requests the Chair or Deputy Chair to do so, the Chair or Deputy Chair, as the case may be, shall forthwith convene a meeting.

 (4) At a meeting a quorum is constituted by a majority of the members for the time being holding office.

 (5) The Chair shall preside at all meetings at which he is present.

 (6) If the Chair is not present at a meeting, the Deputy Chair shall preside.

 (7) If both the Chair and the Deputy Chair are absent from a meeting, the members present shall elect one of their number to preside.

 (8) Questions arising at a meeting shall be determined by a majority of votes of the members present and voting.

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

16  Disclosure of interest by members

 (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Foundation shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Foundation.

 (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Foundation and the member shall not:

 (a) be present during any deliberation of the Foundation with respect to that matter; or

 (b) take part in any decision of the Foundation with respect to that matter.

Part IV—Australia‑Japan Reserve

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17  Establishment of Reserve

 (1) This subsection establishes a reserve called the Australia‑Japan Reserve.

 (2) The Reserve is a component of the Reserved Money Fund.

18  Moneys of Reserve

There must be transferred to the Reserve from the Consolidated Revenue Fund:

 (a) moneys appropriated by the Parliament for the purposes of the Reserve;

 (b) amounts equal to income derived from the investment of moneys standing to the credit of the Reserve;

 (c) amounts equal to any moneys received by the Commonwealth or by the Foundation from the disposal of property purchased or produced, or in respect of any work paid for, with moneys standing to the credit of the Reserve;

 (d) amounts equal to any other moneys derived by the Foundation in the performance of its functions; and

 (e) amounts equal to any moneys received by the Foundation by way of or as a result of a gift, devise or bequest.

19  Application of moneys of Reserve

 (1) Moneys standing to the credit of the Reserve shall be applied only in payment of amounts properly payable by the Foundation in the performance of its functions, otherwise than in respect of general administrative expenses.

 (2) Notwithstanding anything contained in this Act, where any moneys are received by the Foundation by way of or as a result of a gift, devise or bequest that is subject to conditions in relation to the purposes for which it is to be applied, those moneys, and any income derived from the investment of those moneys, may be applied for those purposes and subject to those conditions, but not otherwise.

Part V—Miscellaneous

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20  Staff

The staff of the Foundation shall be persons appointed or employed under the Public Service Act 1922-1975.

21  Committees

 (1) The Foundation may appoint committees to assist the Foundation.

 (2) A committee appointed under this section shall consist of such persons, whether members or not, as the Foundation thinks fit.

 (3) A member of a committee shall be paid by the Commonwealth such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

 (4) A member of a committee shall be paid by the Commonwealth such allowances as are prescribed.

 (5) Subsections (3) and (4) have effect subject to the Remuneration Tribunal Act 1973-1975.

22  Engagement of consultants etc.

 (1) The Foundation may engage persons to furnish advice to, or perform services for, the Foundation otherwise than as members of the staff referred to in section 20.

 (2) The terms and conditions of engagement of persons under subsection (1) shall be such as are determined by the Foundation.

23  Contracts and borrowing

 (1) The Foundation shall not, without the approval of the Minister:

 (a) enter into a contract involving the payment or receipt of an amount exceeding $50,000 or, if a higher amount is prescribed, that higher amount; or

 (b) enter into a lease of land for a period exceeding 10 years.

 (2) The Foundation shall not borrow any moneys from any person.

24  Taxation

The Foundation is not subject to taxation under any law of the Commonwealth or of a State or Territory.

25  Annual report

 (1)  As soon as practicable after 30 June in each year, the Foundation must prepare and give to the Minister a report of the operations of the Foundation during the year.

 (2) The report must include:

 (a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and

 (b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997; and

 (c) a copy of all directions given by the Minister to the Foundation during the year under subsection 5(3) of this Act.

 (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

 (4) The Foundation must give the Minister any additional reports (with or without financial statements) that the Minister from time to time requires.

26  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.

NOTE

1. The Australia-Japan Foundation Act 1976 as shown in this reprint comprises Act No. 18, 1976 amended as indicated in the Tables below.

Table of Acts

(a) The Australia-Japan Foundation Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(1) of which provides as follows:

 “(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.”

(b) The Australia-Japan Foundation Act 1976 was amended by section 45 only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2(7) of which provides as follows:

 “(7) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.”

(c) The Australia-Japan Foundation Act 1976 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

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

(d) The Australia-Japan Foundation Act 1976 was amended by Schedule 4 (items 13, 14) 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 this Act receives the Royal Assent.”

(e) The Australia-Japan Foundation Act 1976 was amended by Schedule 2 (items 175-190) 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.”

Table of Amendments