Australian Institute of Multicultural Affairs Act 1979

No. 154 of 1979

An Act to establish an Australian Institute of Multicultural Affairs.

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 Australian Institute of Multicultural Affairs Act 1979.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. In this Act, unless the contrary intention appears—

“appoint” includes “re-appoint”;

“approved bank” means the Reserve Bank of Australia or another bank for the time being approved by the Treasurer or a person authorized by the Treasurer to give approvals for the purposes of the provision in which the expression occurs;

“Chairman” means the Chairman of the Council;

“Council” means the Council of the Institute;

“Director” means the Director of the Institute;

“Institute” means the Australian Institute of Multicultural Affairs established by section 4; “member” means a member of the Council.

PART II—THE AUSTRALIAN INSTITUTE OF MULTICULTURAL AFFAIRS

Establishment of Institute

4. (1) There is established by this Act an Institute by the name of the Australian Institute of Multicultural Affairs.

(2) The Institute—

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

(b) shall have a common seal;

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

(3) The common seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.

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

Objects

5. The objects of the establishment of the Institute are—

(a) to develop among the members of the Australian community—

(i) an awareness of the diverse cultures within that community that have arisen as a result of the migration of people to Australia; and

(ii) an appreciation of the contributions of those cultures to the enrichment of that community;

(b) to promote tolerance, understanding, harmonious relations and mutual esteem among the different cultural groups and ethnic communities in Australia;

(c) to promote a cohesive Australian society by assisting members of the Australian community to share with one another their diverse cultures within the legal and political structures of that society; and

(d) to assist in promoting an environment that affords the members of the different cultural groups and ethnic communities in Australia the opportunity to participate fully in Australian society and achieve their own potential.

Functions of Institute

6. (1) The primary functions of the Institute are—

(a) to have a major role in providing advice to the Commonwealth Government on all matters relating to the achievement of the objects referred to in section 5; and

(b) to promote those objects by—

(i) commissioning and conducting research and studies;

(ii) furnishing reports to the Minister;

(iii) making information available to members of the Australian community and to particular bodies, organizations or groups within that community;

(iv) conducting promotional and community educational activities; and

(v) establishing a repository of literature and other material relating to the diverse cultures of members of the Australian community.

(2) The Institute also has the function of engaging in any other activities that the Council considers conducive to the achievement of the objects referred to in section 5.

(3) The Institute may perform its functions to the extent only that they may be conferred on the Institute by virtue of any of the legislative powers of the Parliament, and, in particular, may perform its functions—

(a) by way of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State;

(b) for purposes related to naturalization and aliens;

(d) for purposes related to immigration and emigration;

(e) for purposes related to external affairs;

(f) for purposes in relation to a Territory; and

(g) in respect of matters incidental or related to the performance of its functions in accordance with paragraphs (a) to (f), inclusive.

Powers of Institute

7. (1) The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, without limiting the generality of the foregoing, has power—

(a) to purchase or take on hire or exchange, or to accept on deposit or loan, material relating to the functions of the Institute, and also furnishings, equipment and goods needed for the purposes of the Institute;

(b) to dispose of, lend or hire out material or goods the property of the Institute;

(d) to dispose of, or grant leases of, land or buildings vested in the Institute;

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

(f) to accept gifts, devises and bequests made to the Institute, whether on trust or otherwise;

(g) to act as trustee of moneys or other property vested in the Institute on trust; and

(h) to act on behalf of the Commonwealth or a Commonwealth authority in the administration of a trust relating to property or matters relevant to the functions of the Institute.

(2) Notwithstanding anything contained in this Act, any moneys or other property vested in the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.

Transfer of material to Institute

8. The Minister may, at the request of the Council, make arrangements with the appropriate authority for the transfer to the Institute of the ownership, use or custody of any material, equipment or goods belonging to the Commonwealth.

Land and buildings

9. The Governor-General may make available, for the purposes of the Institute, any land or building owned or held under lease by the Commonwealth.

Membership of Institute

10. (1) The Institute shall consist of—

(a) the members of the Council; and

(b) not more than 100 persons appointed by the Minister as members of the Institute.

(2) The Minister shall consult with the Council in relation to the appointment of persons as members of the Institute.

Meetings of members of Institute

11. Meetings of members of the Institute may be convened by the Council at such intervals and places as it thinks fit.

Period of appointment

12. A member of the Institute appointed under paragraph 10(1)(b)—

(a) shall be appointed for such period, not exceeding 5 years, as the Minister specifies in the instrument of his appointment; and

(b) is eligible for re-appointment.

Resignation

13. A member of the Institute appointed under paragraph 10(1)(b) may resign his membership of the Institute by writing signed by him and delivered to the Minister.

Termination of appointment

14. (1) The Minister may terminate the appointment of a member of the Institute appointed under paragraph 10(1)(b) by reason of the misbehaviour or physical or mental incapacity of that member of the Institute.

(2) If a member of the Institute appointed under paragraph 10(1)(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his creditors, the Minister shall terminate his appointment.

PART III—THE COUNCIL OF THE INSTITUTE

Establishment of Council

15. There is established by this section a Council by the name of the Council of the Australian Institute of Multicultural Affairs, which shall be constituted as provided by section 20.

Functions of Council

16. (1) The Council is responsible for the conduct and control of the affairs of the Institute.

(2) All acts and things done in the name of, or on behalf of, the Institute by the Council, or with the authority of the Council, shall be deemed to have been done by the Institute.

Reports

17. The Council shall furnish to the Minister such reports as the Minister requests on matters relating to the functions of the Institute, and may furnish to the Minister such other reports on matters relating to the functions of the Institute as the Council thinks fit.

Directions by Minister, &c.

18. (1) The Council shall perform its functions and exercise its powers in accordance with such directions as may be given to it from time to time by the Minister in writing.

(2) Sub-section (1) does not empower the Minister to give directions to the Council with respect to the content of any report to be furnished under section 17.

(3) In preparing any report to be furnished under section 17, the Council shall have regard to such policies of the Commonwealth Government as are communicated to the Council by the Minister in writing.

Co-operation between Council and Departments, &c.

19. (1) In the performance of its functions in relation to any matter, the Council shall, so far as it considers appropriate having regard to the nature of the matter, consult with Commonwealth Departments, Commonwealth authorities and other bodies established by the Commonwealth.

(2) Commonwealth Departments and Commonwealth authorities shall give to the Council such assistance in the performance of its functions as is reasonably practicable.

Membership of Council

20. (1) The Council shall consist of—

(a) a Chairman;

(b) the Director of the Institute;

(d) not less than 3 or more than 6 other members.

(2) A member referred to in paragraph (1)(a) or (d) shall be appointed by the Governor-General and may be appointed either as a full-time member or as a part-time member.

(3) A member referred to in paragraph (1)(b) or (c) shall not be appointed as Chairman.

(4) A member referred to in paragraph (1)(a) or (d) holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

(5) The performance of the functions, or the exercise of the powers, of the Council is not affected by reason of there being a vacancy or vacancies in the membership of the Council.

(6) The appointment of a member referred to in paragraph (1)(a) or (d) is not invalidated, and shall not be called in question by reason of a defect or irregularity in or in connection with his appointment.

Term of office

21. (1) The person appointed as Chairman holds office as Chairman for such period, not exceeding 5 years, as is specified in the instrument of his appointment.

(2) A member referred to in paragraph 20(1)(d) holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment.

(3) A member referred to in paragraph 20(1)(a) or (d) is eligible for re-appointment.

(4) A person who has attained the age of 65 years shall not be appointed as a full-time member and a person shall not be appointed as a full-time member for a period that extends beyond the day on which he will attain the age of 65 years.

Acting appointments

22. (1) The Minister may appoint a person (other than a member referred to in paragraph 20(1)(b) or (c)) to act as Chairman—

(a) during a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office; 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 person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) The Minister may appoint a person (other than a member) to act as a member referred to in paragraph 20(1)(d)—

(a) when the number of members referred to in that paragraph is less than 6; or

(b) during a period when a member referred in that paragraph is acting as Chairman, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,

but a person appointed to act under paragraph (a) shall not continue so to act for more than 12 months.

(3) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of his appointment.

(4) The Minister may—

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and

(b) terminate such an appointment at any time.

(5) Where a person is acting as Chairman in accordance with paragraph (1)(b) and the office of Chairman becomes vacant while that person is so acting, then, subject to sub-section (3), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(6) The appointment of a person to act as a member ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

(7) While a person is acting as a member, he has and may exercise all the powers, and shall perform all the functions, of a member under this Act.

(8) The validity of anything done by a person purporting to act under sub-section (1) or (2) 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 connexion with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had passed.

Remuneration and allowances of members

23. (1) A member shall be paid 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 such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Leave of absence

24. The Minister may grant leave of absence to a full-time member upon such terms and conditions as to remuneration or otherwise as the Minister determines.

Resignation

25. A member may resign his office by writing signed by him and delivered to the Governor-General.

Termination of appointment

26. (1) The Governor-General may terminate the appointment of a member referred to in paragraph 20(1)(a) or (d) by reason of the misbehaviour or physical or mental incapacity of that member.

(2) If a member referred to in paragraph 20(1)(a) or (d)—

(a) becomes bankrupt, 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;

(b) being a full-time member—

(i) is absent from duty, except on leave granted by the Minister, for 14 consecutive days, or for 28 days in any 12 months; or

(ii) engages, except with the approval of the Minister, in paid employment outside the duties of his office;

(c) being a part-time member, is absent, except with the leave of the Council, from 3 consecutive meetings of the Council; or

(d) fails to comply with an obligation imposed on him by sub-section (3),

the Governor-General shall terminate the appointment of the member.

(3) A member referred to in paragraph 20(1)(a) or (d) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, 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 Council.

(4) A disclosure under sub-section (3) shall be recorded in the minutes of the meeting of the Council and the member—

(a) shall not take part in any deliberation or decision of the Council with respect to that matter; and

(b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.

(5) Where a disclosure under sub-section (3) is made by a member, the person presiding at the meeting of the Council at which the disclosure is made shall inform the Minister of the nature of the disclosure.

Meetings of Council

27. (1) Subject to this section, meetings of the Council shall be held at such times and places as the Council from time to time determines.

(2) A meeting shall be held at least 4 times in every period of one year.

(3) The Chairman may at any time convene a meeting.

(4) The Chairman shall, on receipt of a request in writing signed by a majority of the members, convene a meeting.

(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 appoint one of their number to preside.

(7) At a meeting a majority of members for the time being constitute a quorum.

(8) A question arising at a meeting shall be decided 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.

(10) The Council may regulate the conduct of proceedings at its meetings at it thinks fit and shall keep minutes of those proceedings.

(11) In this section, a reference to the Chairman shall, in relation to a time when a person is acting as Chairman, be read as a reference to that person.

(12) A person who—

(a) is acting as Chairman in pursuance of an appointment under sub-section 22(1);

(b) is acting as the Director in pursuance of an appointment under sub-section 30(1);

(d) is acting as a member in pursuance of an appointment under sub-section 22(2),

may attend a meeting and, in relation to a meeting that he so attends, shall, for the purposes of this Act, be deemed to be a member.

PART IV—THE DIRECTOR OF THE INSTITUTE

Director

28. (1) There shall be a Director of the Institute, who shall be appointed by the Governor-General.

(2) The Director is the executive member of the Council and shall, subject to and in accordance with the general directions of the Council, manage the affairs of the Institute.

Terms and conditions of appointment, &c.

29. (1) The Director holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

(2) A person who has attained the age of 65 years shall not be appointed as Director and a person shall not be appointed as Director for a period that extends beyond the day on which he will attain the age of 65 years.

(3) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

Acting Director

30. (1) The Minister may appoint a person to act as Director—

(a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; 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 his office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of his appointment.

(3) The Minister may—

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting as Director; and

(b) terminate such an appointment at any time.

(4) Where a person is acting as Director in accordance with paragraph (1)(b) and the office of Director becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(5) The appointment of a person to act as Director ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

(6) While a person is acting as Director, he has and may exercise all the powers, and shall perform all the functions, of the Director under this Act.

(7) The validity of anything done by a person purporting to act as Director 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 passed.

Remuneration and allowances

31. (1) The Director shall be paid 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) The Director shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

Leave of absence

32. (1) The Minister may, after consulting the Chairman, grant leave of absence to the Director upon such terms and conditions as to remuneration or otherwise as the Minister determines.

(2) In relation to a time when a person is acting as Chairman, the reference in sub-section (1) to the Chairman shall be read as a reference to that person.

Resignation

33. The Director may resign his office by writing signed by him and delivered to the Governor-General.

Termination of appointment

34. (1) The Governor-General may terminate the appointment of the Director by reason of the misbehaviour or physical or mental incapacity of the Director.

(2) If the Director—

(b) is absent from duty, except on leave granted by the Minister, for 14 consecutive days, or for 28 days in any 12 months;

(d) in any way, otherwise than as a member, and in common with the other members, of an incorporated company which consists of not less than 25 persons and of which he is not a director, is directly or indirectly interested in a contract made or proposed to be made by or on behalf of the Institute,

the Governor-General shall terminate the appointment of the Director.

PART V—STAFF OF THE INSTITUTE

Staff

35. (1) The Director may on behalf of the Institute engage such employees as he considers necessary for the performance of the functions of the Institute.

(2) The terms and conditions of employment of persons engaged in accordance with sub-section (1) are such as are, subject to the approval of the Public Service Board, determined by the Council.

Arrangements relating to staff

36. (1) The Council may arrange with the Permanent Head of a Department of the Australian Public Service, or with a Commonwealth authority, for the services of officers or employees of the Department or of the authority, as the case may be, to be made available to the Institute.

(2) The Council may arrange with the appropriate authority of a State or Territory, or with an organization or body of persons, for the services of officers or employees of the Public Service of the State or Territory or of an authority of the State or Territory, or of the organization or body, as the case may be, to be made available to the Institute.

(3) Where the Council is satisfied that it would be conducive to the performance of the functions of the Institute to do so, the Council may arrange for the services of an employee of the Institute to be made available to the Commonwealth or a Commonwealth authority, to a State or Territory or an authority of a State or Territory or to an organization or body of persons.

Consultants

37. (1) The Director may on behalf of the Institute engage persons having suitable qualifications and experience as consultants to the Institute.

(2) The terms and conditions of the engagement of a person under sub-section (1) are such as are, subject to the approval of the Public Service Board, determined by the Council.

PART VI—FINANCE

Moneys payable to Institute

38. (1) There are payable to the Institute such moneys as are appropriated by the Parliament for the purposes of the Institute.

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

Estimates

39. (1) The Council shall prepare estimates, in such form as the Minister directs, of the receipts and expenditure of the Institute for each financial year and, if the Minister so directs, for any other period specified by the Minister, and shall submit those estimates to the Minister not later than such date as the Minister directs.

(2) Moneys paid to the Institute under section 38 shall not be expended by the Institute otherwise than in accordance with estimates of expenditure approved by the Minister.

Bank accounts

40. (1) The Institute may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.

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

Application of moneys appropriated for the Institute

41. Moneys paid to the Institute under section 38 shall be applied only—

(a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions or exercise of its powers under this Act; and

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

Other moneys

42. (1) Any moneys held by the Institute other than—

(a) moneys held by the Institute upon trust; and

(b) moneys paid to the Institute under section 38,

may be expended only in such manner as the Minister approves.

(2) Moneys to which sub-section (1) applies that are not immediately required to be expended may be invested—

(a) on fixed deposit with an approved bank;

(b) in securities of the Commonwealth; or

Proper accounts to be kept

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

Restrictions on financial transactions

44. The Institute shall not—

(a) borrow money from any person; or

(b) without the approval of the Minister, enter into a contract under which the Institute is to pay or receive an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount.

Audit

45. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Institute and records relating to assets of, or in the custody of, the Institute, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1).

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

(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts or records.

(6) The Auditor-General 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-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes sub-section (6) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding $200.

Exemption from taxation

46. (1) Subject to sub-section (2), the Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.

(2) The regulations may provide that sub-section (1) does not apply in relation to taxation under a specified law.

PART VII—MISCELLANEOUS

Rights of public servants

47. If the Director, a full-time member of the Council or a full-time employee of the Institute was, immediately before his appointment as the Director or as a full-time member, or his engagement as an employee, as the case may be, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928 applied—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights his service as the Director or as such a member or employee, as the case may be, shall be taken into account as if it were service in the Australian Public Service; and

(c) the Officers’ Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act.

Delegation

48. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his 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 Minister.

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

Annual report of Institute

49. (1) The Council shall, as soon as practicable after each 30 June, prepare and submit to the Minister a report of the operations of the Institute during the year that ended on that 30 June, together with financial statements in respect of that year in such form as the Minister for Finance approves.

(2) Before submitting the financial statements to the Minister, the Council shall submit them to the Auditor-General, who shall report to the 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, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Institute 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.

(3) A report prepared under sub-section (1) shall set out all requests made by the Minister under section 17, all directions given by him under sub-section 18 (1) and all communications made by him under sub-section 18 (3) during the year to which the report relates.

(4) The Minister shall cause a copy of a report and financial statements furnished to him under sub-section (1) together with a copy of the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.

Regulations

50. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.