AUSTRALIA-JAPAN FOUNDATION ACT 1976
No. 18 of 1976
An Act to establish a Foundation for encouraging a closer Relationship between the Peoples of Australia and Japan, and to Provide for related Matters.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
PART I—PRELIMINARY
Short title.
1. This Act may be cited as the Australia-Japan Foundation Act 1976.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Interpretation.
3. In this Act, unless the contrary intention appears—
“Foundation” means the Foundation established by section 4;
“Fund” means the Fund established by section 17;
“member” means a member of the Foundation;
“property” means real or personal property, and includes money.
PART II—ESTABLISHMENT, FUNCTIONS AND POWERS OF
FOUNDATION
Establishment of Foundation.
4. There is established by this Act a Foundation by the name of the Australia-Japan Foundation.
Functions of Foundation.
5. (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 Fund.
(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.
Powers of Foundation.
6. (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.
Delegation.
7. (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
Incorporation of Foundation.
8. (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.
Membership of Foundation.
9. (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 Chairman and another member to be the Deputy Chairman.
(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 Chairman or of Deputy Chairman; or
(b) the number of members falling below 5 for a period of not more than 6 months.
Term of office.
10. A member holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for reappointment.
Remuneration and allowances.
11. (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 Tribunals Act 1973-1975.
Acting members.
12. (1) The Minister may appoint a person to act as a member (other than as Chairman or Deputy Chairman) 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.
Resignation.
13. 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.
Termination of office.
14. (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 to comply with section 16,
the Minister shall terminate the appointment of the member.
Meetings.
15. (1) The Foundation shall hold such meetings as are necessary for the performance of its functions.
(2) The meetings shall be convened by the Chairman or the Deputy Chairman.
(3) Where the Minister requests the Chairman or the Deputy Chairman to do so, the Chairman or Deputy Chairman, 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 Chairman shall preside at all meetings at which he is present.
(6) If the Chairman is not present at a meeting, the Deputy Chairman shall preside.
(7) If both the Chairman and the Deputy Chairman 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 the 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.
Disclosure of interest by members.
16. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Foundation, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he is not a director, 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 sub-section (1) shall be recorded in the minutes of the meeting of the Foundation and the member shall not be present during any deliberation of the Foundation with respect to that matter.
PART IV—AUSTRALIA-JAPAN FUND
Establishment of Fund.
17. (1) There is established by this Act a Fund by the name of the Australia-Japan Fund.
(2) The Fund is a Trust Account for the purposes of section 62a of the Audit Act 1901-1975.
Moneys of Fund.
18. The Fund shall consist of—
(a) moneys appropriated by the Parliament for the purposes of the Fund;
(b) income derived from the investment of moneys standing to the credit of the Fund;
(c) 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 Fund;
(d) any other moneys derived by the Foundation in the performance of its functions; and
(e) any moneys received by the Foundation by way of or as a result of a gift, devise or bequest.
Application of moneys of Fund.
19. (1) Moneys standing to the credit of the Fund 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
Staff.
20. The staff of the Foundation shall be persons appointed or employed under the Public Service Act 1922-1975.
Committees.
21. (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) Sub-sections (3) and (4) have effect subject to the Remuneration Tribunals Act 1973-1975.
Engagement of consultants, &c.
22. (1) The Foundation may, with the approval of the Public Service Board, 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 sub-section (1) shall be such as are, with the approval of the Public Service Board, determined by the Foundation.
Contracts and borrowing.
23. (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.
Taxation.
24. The Foundation is not subject to taxation under any law of the Commonwealth or of a State or Territory.
Annual reports.
25. (1) The Foundation shall, as soon as practicable after 30 June in each year, furnish to the Minister a report of the operations of the Foundation during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.
(2) The report shall set out all directions given by the Minister to the Foundation under sub-section 5(3) during the year to which the report relates.
(3) Before furnishing financial statements to the Minister, the Foundation shall submit them to the Auditor-General, who shall report to the Minister—
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Foundation 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-General considers should be reported to the Minister.
(4) The Foundation shall furnish to the Minister such additional reports, with or without financial statements, as the Minister from time to time requires.
(5) The Minister shall cause—
(a) the report and financial statements of the Foundation furnished to him under sub-section (1), together with the report of the Auditor-General; and
(b) a report and financial statements (if any) furnished to him under sub-section (4),
to be laid before each House of the Parliament within 15 sitting days of that House after having been received by the Minister.
Regulations.
26. 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.