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 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 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 Attorney‑General 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 Attorney‑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 Attorney‑General.

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.

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

22 Acting Director

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.

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 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.

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.

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 details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote 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 the compiled law. The information includes commencement information for amending laws and details of 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 level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

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 (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)
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: 1 July 2011	Sch. 7 (items 19–29)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 5 (items 79, 80): 19 Apr 2011	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 462–466) and Schedule 3 (items 10, 11): 27 Dec 2011	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 (see s 2(1) item 6)	—

(a) The Criminology Research Act 1971 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, 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 Criminology Research Act 1971 was amended by Schedule 4 (items 54 and 55) 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 it receives the Royal Assent.

(c) The Criminology Research Act 1971 was amended by Schedule 2 (items 639–656) 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.

(d) The Criminology Research Act 1971 was amended by Schedule 1 (item 352) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

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
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
s. 16....................	rs. No. 148, 2010
s. 17....................	am. No. 123, 1986; No. 159, 2001; No. 148, 2010
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. 20....................	am. No. 148, 2010
s. 21....................	am. No. 123, 1986; No. 122, 1991; No. 148, 2010
s. 22....................	rs. No. 123, 1986
	am. No. 46, 2011
Note to s. 22...............	ad. No. 46, 2011
s. 23....................	am. No. 123, 1986
	rs. No. 148, 2010
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
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

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]