Advisory Council for Inter‑government Relations Act 1976

Act No. 106 of 1976 as amended

Consolidated as in force on 30 November 1999

(includes amendments up to Act No. 118 of 1999)

[Note: This Act is repealed by No. 118 of 1999]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

Part I—Preliminary

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

2 Interpretation.................................

Part II—Advisory Council for Inter‑government Relations

3 Advisory Council for Inter‑government Relations......

4 Object and function of the Council....................

4A Powers of Council..............................

5 Inquiries by Council at request of governments.............

6 Annual report.................................

7 Reports to be laid before the Parliament.................

Part III—Constitution and meetings of the Council

7A Nature of Council..............................

8 Membership of Council...........................

9 Tenure of office...............................

10 Resignation..................................

11 Chairman of Council............................

12 Acting Chairman...............................

13 Deputies....................................

14 Expenses of members............................

15 Meetings...................................

16 Observers...................................

Part IV—Staff

16A Employees..................................

16B Terms and conditions of employment...................

16C Arrangements relating to staff.......................

Part V—Finance

16D Moneys payable to Council........................

16E Grants to Council..............................

16F Accounts with ADIs.............................

16G Application of moneys...........................

16H Estimates...................................

16J Proper accounts to be kept.........................

16K Audit......................................

16L Exemption from taxation..........................

16M Financial statements.............................

Part VI—Miscellaneous

17 Regulations..................................

Notes   

An act to establish an Advisory Council for Inter‑government Relations Act

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Advisory Council for Inter‑government Relations Act 1976.

2  Interpretation

 (1) In this Act, unless the contrary intention appears:

acting Chairman means a member acting as Chairman by virtue of section 12.

ADI (authorised deposit‑taking institution) means:

 (a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or

 (b) the Reserve Bank of Australia; or

 (c) a bank incorporated under a law of a State.

appoint includes re‑appoint.

auditor means the person who is the auditor of the Council by virtue of an appointment under subsection 16K(1).

Chairman means the Chairman of the Council, but does not include an acting Chairman.

Council means the Advisory Council for Inter‑government Relations established by this Act.

Council of Local Government Associations means the Australian Council of Local Government Associations.

deputy member means a person appointed as a deputy member under section 13.

general election:

 (a) in relation to the Parliament of the Commonwealth—means a general election for the House of Representatives;

 (b) in relation to the Parliament of a State—means a general election for the House of which the Premier of the State is a member; and

 (c) in relation to the Legislative Assembly of the Northern Territory—means a general election for the Legislative Assembly of the Northern Territory.

inter‑government co‑operation means co‑operation between, and co‑ordination of the activities of, the various spheres of government in Australia, that is to say, federal government, State government and local government.

member or member of the Council means a member of the Council, but does not include a deputy member.

non‑Parliamentary member means a member other than a Parliamentary member.

Parliamentary member means a member referred to in any one of paragraphs 8(2)(a) to (i), inclusive.

participating State means a State a member of the Parliament of which is a member or deputy member of the Council.

 (2) For the purpose of this Act, a member of a Parliament shall be deemed not to have ceased to be a member of that Parliament while he continues to be entitled to the allowance, salary or remuneration that became payable to him as such a member.

 (3) In this Act, unless the contrary intention appears: (a) a reference to a Parliament, or to a House of a Parliament, shall be read as including a reference to the Legislative Assembly of the Northern Territory;

 (b) a reference to a Premier shall be read as including a reference to the Chief Minister of the Northern Territory; and

 (c) a reference to a State shall be read as including a reference to the Northern Territory.

Part II—Advisory Council for Inter‑government Relations

3  Advisory Council for Inter‑government Relations

  There is established by this Act a Council by the name of the Advisory Council for Inter‑government Relations.

4  Object and function of the Council

 (1) The Council is established with the object of improving inter‑government co‑operation ration and, for the purpose of achieving that object, the Council shall, subject to and in accordance with directions given at a Premiers’Conference, inquire into and keep under consideration and review matters relating to inter‑government co‑operation and, in particular, ways and means for improving inter‑government co‑operation, and shall make recommendations to the government of the Commonwealth, the Governments of the States and the Council of Local Government Associations with respect to those matters.

 (1A) In the performance of its function, the Council shall not be subject to any directions other than directions referred to in subsection (1).

 (2) The reference in subsection (1) to directions given at a Premiers’ Conference shall be read as a reference to directions given by the Prime Minister and the Premiers of the participating States, or their representatives, at a conference known as a Premiers’ Conference.

4A  Powers of Council

  Subject to this Act, the Council has power to do all things necessary or convenient to be done for or in connection with the performance of its function.

5  Inquiries by Council at request of governments

 (1) The governments represented on the Council, or a majority of those governments, may request the Council to inquire into, and report on, a matter relating to inter‑government co‑operation specified in the request and, where such a request is made, the Council shall, subject to any directions referred to in subsection 4(1), inquire into the matter and furnish a report with respect to the inquiry to the Prime Minister, to the Premier of each of the participating States and, unless there are no members of the Council appointed on the nomination of the Council of Local Government Associations, to that Council.

 (2) The reference in subsection (1) to the governments represented on the Council shall be read as a reference to the government of the Commonwealth and the governments of the participating States.

6  Annual report

 (1)  The Council shall, as soon as practicable after 31 August in each year, prepare a report with respect to the activities of the Council during the preceding year ending on that date.

 (2) The Council shall furnish copies of a report prepared under subsection (1) to the Prime Minister, to the Premier of each of the participating States and, unless there are no members of the Council appointed on the nomination of the Council of Local Government Associations, to that Council.

7  Reports to be laid before the Parliament

  The Prime Minister shall cause a copy of a report furnished to him under section 5 or 6 to be laid before each House of the Parliament of the Commonwealth within 15 sitting days of that House after he has received a copy of the report.

Part III—Constitution and meetings of the Council

7A  Nature of Council

 (1) After the commencement of this section, the Council:

 (a) is a body corporate with perpetual succession;

 (b) shall have a common seal;

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

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

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

8  Membership of Council

 (1) Members of the Council shall be appointed by the Governor‑General.

 (2) The Council shall consist of 24 members, namely:

 (a) 3 members of the Parliament of the Commonwealth who shall be appointed on the nomination of the Prime Minister;

 (b)  2 members of the Parliament of the Commonwealth who shall be appointed on the nomination of the Leader of the Opposition in the House of Representatives;

 (c) 1 member of the Parliament of New South Wales who shall be appointed on the nomination of the Premier of that State;

 (d) 1 member of the Parliament of Victoria who shall be appointed on the nominaton of the Premier of that State;

 (e) 1 member of the Parliament of Queensland who shall be appointed on the nomination of the Premier of that State;

 (f) 1 member of the Parliament of South Australia who shall be appointed on the nomination of the Premier of that State;

 (g) 1 member of the Parliament of Western Australia who shall be appointed on the nomination of the Premier of that State;

 (h) 1 member of the Parliament of Tasmania who shall be appointed on the nomination of the Premier of that State;

 (i) 1 member of the Legislative Assembly of the Northern Territory who shall be appointed on the nomination of the Chief Minister of that Territory;

 (j) 7 persons, not being members of a Parliament, who shall be appointed on the nomination of the Council of Local Government Associations; and

 (k) 5 persons being Australian citizens but not being members of a Parliament, who shall be appointed on the nomination of the Prime Minister made by him after consultation with the Premiers of the participating States.

 (3) In nominating persons to be the members referred to in paragraph (2)(j), the Council of Local Government Associations shall ensure that, so far as is practicable, they are persons associated with local government in different States.

 (4) In nominating persons to be the members referred to in paragraph (2)(k), the Prime Minister shall ensure that, so far as is practicable, they are from different sections of the Australian community.

 (5) The performance of the functions of the Council is not affected by reason of there being a vacancy or vacancies in the membership of the Council, but the Council shall not commence to perform its functions until its membership consists of not less than 12 members and includes not less than 4 members each of whom is appointed on the nomination of the Premier of a State.

9  Tenure of office

 (1) Subject to this Act, a member holds office for a period of 3 years, but is eligible for re‑appointment.

 (2) A member shall not hold office for a continuous period exceeding 6 years and a person who has held office as a member for a continuous period of 6 years is not eligible for re‑appointment for a term of office commencing within 3 years after the expiration of that period.

 (3) A Parliamentary member ceases to hold office on the first sitting day of the House of the Parliament of which he is a member next following a general election of that Parliament, but is eligible for re‑appointment.

 (4) A Parliamentary member ceases to hold office if he ceases to be a member of the Parliament of which he was a member at the time of his appointment.

 (5) The appointment of a Parliamentary member shall be terminated by the Governor‑General:

 (a) in the case of a Parliamentary member referred to in paragraph 8(2)(a)—upon the recommendation of the Prime Minister;

 (b) in the case of a Parliamentary member referred to in paragraph 8(2)(b)—upon the request of the Leader of the Opposition in the House of Representatives; or

 (c) in the case of any other Parliamentary member—upon the request of the Premier of the relevant State.

 (6) The appointment of a member referred to in paragraph 8(2)(j) shall be terminated by the Governor‑General upon the request of the Council of Local Government Associations.

 (7) The appointment of a member referred to in paragraph 8(2)(k) shall be terminated by the Governor‑General upon the recommendation of the Prime Minister made by him after consultation with the Premiers of the participating States.

10  Resignation

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

11  Chairman of Council

 (1) The Governor‑General shall appoint a member, being one of the members referred to in paragraph 8(2)(k), to be Chairman of the Council.

 (2) The member so appointed shall be appointed on the nomination of the Prime Minister made by him after consultation with the Premiers of the participating States.

 (3) Subject to subsection (4), the Chairman holds office as Chairman until the expiration of the term of his office as a member that is current at the time of his appointment as Chairman, but ceases to be Chairman if he ceases to be one of the members referred to in paragraph 8(2)(k).

 (4) The Chairman may resign his office as Chairman by writing signed by him and delivered to the Governor‑General, but the resignation does not have effect until it is accepted by the Governor‑General.

 (5) A member referred to in paragraph 8(2)(k) who ceases to hold office as Chairman is eligible for re‑appointment as Chairman.

12  Acting Chairman

 (1) The Council may, by resolution, appoint a member, being one of the members referred to in paragraph 8(2)(k), to act as Chairman of the Council:

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

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

but a member appointed to act during a vacancy shall not continue so to act for more than 6 months.

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

 (3) The Council may, by resolution, terminate the appointment of a member to act as Chairman.

 (4) Where a member is acting as Chairman in accordance with paragraph (1)(b) and the office of Chairman becomes vacant while that member is so acting, then, subject to subsection (2), that member may continue so to act until the Council, by resolution, otherwise directs, the vacancy is filled or a period of 6 months from the date on which the vacancy occurred expires, whichever first happens.

 (5) The appointment of a person to act as Chairman ceases to have effect if he ceases to be one of the members referred to in paragraph 8(2)(k) or he resigns his appointment by writing signed by him and delivered to the Prime Minister.

 (6) While a member is acting as Chairman, he has and may exercise all the powers, and shall perform all the functions, of the Chairman under this Act or any other law.

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

13  Deputies

 (1) The Prime Minister may, by writing signed by him, appoint such number of members of the Parliament of the Commonwealth as he considers appropriate to be deputy members of the Council in relation to the members referred to in paragraph 8(2)(a).

 (2) The Leader of the Opposition in the House of Representatives may, by writing signed by him, appoint such numbers of members of the Parliament of the Commonwealth as he considers appropriate to be deputy members of the Council in relation to the members referred to in paragraph 8(2)(b).

 (3) The Premier of a State may, by writing signed by him, appoint such number of members of the Parliament of the State as he considers appropriate to be deputy members of the Council in relation to the member who is a member of the Parliament of the State.

 (4) The Council of Local Government Associations may, by resolution, appoint such number of persons as it considers to be appropriate, being persons who are not members of a Parliament, to be deputy members of the Council in relation to the members referred to in paragraph 8(2)(j).

 (5) A deputy member appointed under subsection (1), (2) or (3) ceases to hold office as a deputy member on the first sitting day of the House of the Parliament of which he is a member next following a general election of that Parliament, but is eligible for re‑appointment.

 (6) A deputy member appointed under subsection (1), (2) or (3) ceases to hold office as a deputy member if he ceases to be a member of the Parliament of which he was a member at the time of his appointment.

 (7) The appointment of a deputy member may be terminated at any time:

 (a)  in the case of a deputy member appointed under subsection (1)—by writing signed by the Prime Minister;

 (b) in the case of a deputy member appointed under subsection (2)—by writing signed by the Leader of the Opposition in the House of Representatives;

 (c) in the case of a deputy member appointed under subsection (3)—by writing signed by the Premier of the relevant State; or

 (d) in the case of a deputy member appointed under subsection (4)—by resolution of the Council of Local Government Associations.

 (8) A deputy member may resign his office of deputy member by writing signed by him and delivered to the Chairman or, if there is an acting Chairman, to the acting Chairman, but the resignation does not have effect until it is accepted by the Chairman or acting Chairman, as the case may be.

 (9) Where the member, or one of the members, referred to in any one of paragraphs 8(2)(a) to (j), inclusive, is absent from a meeting of the Council, or there is a vacancy in the office of such a member, the deputy member, or one of the deputy members, appointed in relation to the member or members referred to in that paragraph is entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Council.

14  Expenses of members

 (1) The regulations may provide for the payment to all or any of the non‑Parliamentary members, including deputy members appointed under subsection 13(4), of allowances for expenses.

 (2) A member of the Council who is also a member of the Parliament of the Commonwealth shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Council or of his engagement, with the approval of the Council, on the affairs of the Council.

 (3) Payments for the purposes of this section shall be made out of moneys available under an appropriation made by the Parliament.

 (4) The reference in subsection (2) to a member of the Council who is also a member of the Parliament of the Commonwealth shall be read as including a reference to a deputy member appointed under subsection 13(1) or (2).

15  Meetings

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

 (2) The Chairman of the Council, or, if there is no Chairman, the Prime Minister, may at any time convene a meeting of the Council.

 (3) The Chairman of the Council shall, on receipt of a request in writing signed by not less than 5 members, convene a meeting of the Council.

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

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

 (6) If the Chairman is not present at a meeting, the members present shall elect one of their number to preside at the meeting.

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

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

 (8A) Subject to this Act, the Council may, by resolution, determine procedures to be observed at meetings of the Council or procedures to be followed in the administration of the affairs of the Council and may, by resolution, revoke or vary those determinations.

 (9) In this section, a reference to the Chairman shall, if there is an acting Chairman, be read as a reference to the acting Chairman.

16  Observers

 (1) The Australian Capital Territory House of Assembly may appoint one of its members to be an observer at meetings of the Council.

 (3) An observer may attend meetings of the Council but shall, if so required by a resolution passed at a meeting of the Council, retire from the meeting.

 (4) An observer present at a meeting of the Council by virtue of this section is not entitled to participate in discussions at the meeting except in accordance with a resolution passed at the meeting.

 (5) An observer ceases to hold office as an observer upon his ceasing to be a member of the House of Assembly, and may be removed from office at any time by the House of Assembly.

 (6) An observer may resign his office by writing signed by him and delivered to the presiding officer of the House of Assembly.

Part IV—Staff

16A  Employees

  The Council may engage such employees as it thinks necessary for the performance of its function under this Act.

16B  Terms and conditions of employment

 (1) The terms and conditions of employment (in respect of matters not provided for by this Act) of employees engaged in accordance with section 16A are such as are determined by the Council.

 (2) In subsection (1), terms and conditions include conditions with respect to the duration of employment or with respect to dismissal from employment.

16C  Arrangements relating to staff

 (1) The Council may arrange with the Secretary of any Department of the Australian Public Service, or with a body established by an Act, for the services of officers or employees of the Department or of the body to be made available to the Council.

 (2) The Council may enter into an arrangement with the Government of a State for the services of officers or employees of the Public Service of the State or of an authority of the State (including a local government body) to be made available to the Council.

 (3) The Council may enter into an arrangement with an organization (including a body corporate) for the services of officers or employees of the organization to be made available to the Council.

Part V—Finance

16D  Moneys payable to Council

 (1) There are payable to the Council such moneys as are appropriated, from time to time, by the Parliament for the purposes of the Council.

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

16E  Grants to Council

  The Council may receive financial assistance granted to it by a State or by the Council of Local Government Associations.

16F  Accounts with ADIs

 (1) The Council may open and maintain an account or accounts with an ADI or ADIs and shall maintain at all times at least one such account.

  (2) The Council shall pay all moneys received by it into an account referred to in this section.

16G  Application of moneys

 (1) The moneys of the Council may be applied only:

 (a) in payment or discharge of the costs, expenses and other obligations of the Council; and

 (b) in payment of any remuneration, allowances and expenses payable to any person under this Act.

 (2) Moneys of the Council not immediately required for the purposes of the Council may be invested:

 (a) on deposit with an ADI; or

 (b) in securities of, or guaranteed by, the Commonwealth or a State.

16H  Estimates

 (1) The Council shall prepare estimates of its receipts and expenditure for each financial year.

 (2) The moneys of the Council shall not be expended otherwise than in accordance with estimates of expenditure approved by the Council.

16J  Proper accounts to be kept

  The Council shall cause to be kept proper accounts and records of the transactions and affairs of the Council and shall do all things necessary to ensure that all payments out of the moneys of the Council are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Council and over the incurring of liabilities by the Council.

16K  Audit

 (1) The Council shall, by writing under its common seal, appoint the Auditor‑General of the Commonwealth or the Auditor‑General of a State as auditor of the Council.

 (2) The Council shall not appoint the Auditor‑General of a State as auditor of the Council except with the consent of the Premier of that State.

 (3) The auditor shall inspect and audit the accounts and records of financial transactions of the Council and the records relating to assets of, or in the custody of, the Council and shall forthwith draw the attention of the Prime Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the auditor, is of sufficient importance to justify his so doing.

 (4) The auditor may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (3).

 (5) The auditor shall, at least once in each financial year, report to the Prime Minister and the Council the results of the inspection and audit carried out under subsection (3).

 (6) The Prime Minister shall cause a copy of a report furnished to him under subsection (5) to be given to the Premier of each of the participating States and, unless there are no members of the Council appointed on the nomination of the Council of Local Government Associations, to that Council.

 (7) The auditor or a person authorized by him is entitled at all reasonable times to full and free access to all accounts and records of the Council relating directly or indirectly to the receipt or payment of moneys by the Council, or to the acquisition, receipt, custody or disposal of assets by the Council.

 (8) The auditor or a person authorized by him may make copies of, or take extracts from, any such accounts and records.

 (9) The auditor or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the auditor or authorized person considers necessary for the purposes of the functions of the auditor under this Act, and the person shall comply with the requirement.

 (10) A person who contravenes subsection (9) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

16L  Exemption from taxation

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

16M  Financial statements

 (1) Where, in accordance with section 6, the Council prepares a report with respect to the activities of the Council during a year, the Council shall also prepare financial statements in repect of that year in such form as the Council, after consultation with the auditor, approves and shall furnish those statements to the Prime Minister when furnishing a copy of that report to him under that section.

 (2) Before furnishing financial statements to the Prime Minister under subsection (1), the Council shall submit them to the auditor, who shall report to the Prime Minister:

 (a) whether, in his opinion, the statements are based on proper accounts and records;

 (b) whether the statements are in agreement with the accounts and records;

 (c)  whether, in his opinion, the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Council during the year have been in accordance with this Act; and

 (d) as to such other matters arising out of the statements as the auditor considers should be reported to the Prime Minister.

 (3) The Prime Minister shall cause copies of the financial statements of the Council together with a copy of the report of the auditor to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Prime Minister.

Part VI—Miscellaneous

17  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.

Notes to the Advisory Council for Inter-government Relations Act 1976

Note 1

The Advisory Council for Inter‑government Relations Act 1976 as shown in this consolidation comprises Act No. 106, 1976 amended as indicated in the Tables below.

Table of Acts

(a) The Advisory Council for Inter‑government Relations Act 1976 was amended by Schedule 1 (in part) only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 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 Advisory Council for Inter-government Relations Act 1976 was amended by Schedule 4 (in part) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

 (4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(c) The Advisory Council for Inter‑government Relations Act 1976 was amended by Schedule 4 (in part) only of the Banking Legislation Amendment Act 1989, subsection 2(4) of which provides as follows:

 (4) Subject to subsection (5), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(d) The Advisory Council For Inter‑government Relations Act 1976 was amended by Schedule 1 (items 1‑4) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:

 (2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.

Table of Amendments