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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Institute of Aboriginal and
Torres Strait Islander Studies
Amendment Bill 2015
No. , 2015
(Education and Training)
A Bill for an Act to amend the Australian Institute
of Aboriginal and Torres Strait Islander Studies Act
1989, and for related purposes
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Institute of Aboriginal and Torres Strait Islander Studies
Act 1989
3
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
1
A Bill for an Act to amend the Australian Institute
1
of Aboriginal and Torres Strait Islander Studies Act
2
1989, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Australian Institute of Aboriginal and
6
Torres Strait Islander Studies Amendment Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
3
Schedule 1--Amendments
1
2
Australian Institute of Aboriginal and Torres Strait Islander
3
Studies Act 1989
4
1 Section 3 (definition of Aboriginal and Torres Strait Islander
5
studies)
6
Repeal the definition.
7
2 Section 3 (definition of appointed Councillor)
8
Omit "12(1)(b) or (c)", substitute "12(1)(c)".
9
3 Section 3
10
Insert:
11
Chief Executive Officer means the Chief Executive Officer of the
12
Institute referred to in section 24.
13
4 Section 3 (at the end of the definition of elected Councillor)
14
Add "or (b)".
15
5 Section 3 (definition of Principal)
16
Repeal the definition.
17
6 Section 3 (definition of Research Advisory Committee)
18
Repeal the definition.
19
7 Paragraphs 5(a) to (h)
20
Repeal the paragraphs, substitute:
21
(a) to develop, preserve and provide access to a national
22
collection of Aboriginal and Torres Strait Islander culture
23
and heritage;
24
(b) to use that national collection to strengthen and promote
25
knowledge and understanding of Aboriginal and Torres Strait
26
Islander culture and heritage;
27
(c) to provide leadership in the fields of:
28
Schedule 1 Amendments
4
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
No. , 2015
(i) Aboriginal and Torres Strait Islander research; and
1
(ii) ethics and protocols for research, and other activities
2
relating to collections, related to Aboriginal and Torres
3
Strait Islander peoples; and
4
(iii) use (including use for research) of that national
5
collection and other collections containing Aboriginal
6
and Torres Strait Islander culture and heritage;
7
(d) to lead and promote collaborations and partnerships among
8
the academic, research, non-government, business and
9
government sectors and Aboriginal and Torres Strait Islander
10
peoples in support of the other functions of the Institute;
11
(e) to provide advice to the Commonwealth on the situation and
12
status of Aboriginal and Torres Strait Islander culture and
13
heritage.
14
8 Subsection 7(1)
15
Repeal the subsection, substitute:
16
(1) Subject to this Part, the members of the Institute are persons
17
appointed by the Council as members.
18
9 At the end of paragraph 7(2)(a)
19
Add "and".
20
10 Paragraph 7(2)(b)
21
Omit "studies;", substitute "culture and heritage.".
22
11 Paragraphs 7(2)(c) and (d)
23
Repeal the paragraphs.
24
12 Application and transitional provisions for members
25
(1)
The amendments of section 7 of the Australian Institute of Aboriginal
26
and Torres Strait Islander Studies Act 1989 made by this Schedule
27
apply to the making of appointments of membership of the Institute on
28
or after the commencement of the amendments, as a result of
29
applications for membership made before, on or after that
30
commencement.
31
Amendments Schedule 1
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
5
(2)
The repeal and substitution of subsection 7(1) of the Australian Institute
1
of Aboriginal and Torres Strait Islander Studies Act 1989 by this
2
Schedule do not affect the continuity of membership on or after the
3
commencement of this Schedule of a person who was a member
4
immediately before that commencement.
5
13 Subsections 8(1) and (2)
6
Repeal the subsections, substitute:
7
(1) An appointment of a person as a member of the Institute is for 5
8
years.
9
14 Sections 9 and 10
10
Omit "Principal", substitute "Chief Executive Officer".
11
15 Saving of register of members
12
The amendment of section 10 of the Australian Institute of Aboriginal
13
and Torres Strait Islander Studies Act 1989 made by this Schedule does
14
not affect the continuity of the register kept under that section.
15
16 Paragraphs 12(1)(a), (b) and (c)
16
Repeal the paragraphs, substitute:
17
(a) 2 persons who:
18
(i) are members of the Institute; and
19
(ii) are Aboriginal persons or Torres Strait Islanders; and
20
(iii) are elected by the members of the Institute in
21
accordance with the Institute rules;
22
(b) 2 other persons who:
23
(i) are members of the Institute; and
24
(ii) may or may not be Aboriginal persons or Torres Strait
25
Islanders; and
26
(iii) are elected by the members of the Institute in
27
accordance with the Institute rules;
28
(c) 5 other persons who are appointed by the Minister and each
29
of whom has skills or experience in one or more of the
30
following:
31
(i) cultural material conservation;
32
(ii) collection management;
33
Schedule 1 Amendments
6
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
No. , 2015
(iii) research;
1
(iv) fundraising;
2
(v) finance;
3
(vi) business;
4
(vii) law.
5
17 After subsection 12(1)
6
Insert:
7
(1A) In making one or more appointments, the Minister must ensure
8
that, immediately following the appointments (and taking into
9
account the characteristics of all the elected Councillors and
10
appointed Councillors at that time):
11
(a) at least 5 of the Councillors are Aboriginal persons or Torres
12
Strait Islanders; and
13
(b) at least one of the Councillors is a Torres Strait Islander.
14
(1B) A person cannot be elected or appointed as a Councillor for a term
15
that starts immediately after the end of 2 consecutive terms of
16
office of the person as a Councillor (whether the person was an
17
elected Councillor or an appointed Councillor for either or both of
18
those earlier terms).
19
Note:
Section 15 deals with the term of office of a Councillor.
20
18 Transitional and application provisions for Councillors
21
(1)
The amendments of section 12 of the Australian Institute of Aboriginal
22
and Torres Strait Islander Studies Act 1989 made by this Schedule do
23
not affect the continuity in office, on and after commencement of this
24
Schedule, of Councillors who held office immediately before that
25
commencement.
26
(2)
Paragraphs 12(1)(a) and (b) of the Australian Institute of Aboriginal and
27
Torres Strait Islander Studies Act 1989, as included by this Schedule,
28
apply to elections for Councillors to hold office after the end of the
29
terms of office of all the elected Councillors who held office
30
immediately before the commencement of this Schedule.
31
(3)
Paragraph 12(1)(c) and subsection 12(1A) of the Australian Institute of
32
Aboriginal and Torres Strait Islander Studies Act 1989, as included by
33
Amendments Schedule 1
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
7
this Schedule, apply in relation to the making of appointments on or
1
after the commencement of this Schedule.
2
(4)
Subsection 12(1B) of the Australian Institute of Aboriginal and Torres
3
Strait Islander Studies Act 1989, as included by this Schedule, applies
4
to elections and appointments for terms that start on or after the
5
commencement of this Schedule, whether the earlier terms mentioned in
6
that subsection occurred wholly or partly before or after that
7
commencement.
8
19 Subsection 21(2A)
9
After "paragraph 12(1)(a)", insert "or (b)".
10
20 Part 6 (heading)
11
Repeal the heading, substitute:
12
Part 6--Chief Executive Officer
13
21 Section 24 (heading)
14
Repeal the heading, substitute:
15
24 Chief Executive Officer
16
22 Subsections 24(1), (2) and (3)
17
Omit "Principal" (wherever occurring), substitute "Chief Executive
18
Officer".
19
23 Transitional provision for Principal
20
(1)
This item applies to the person who was Principal of the Australian
21
Institute of Aboriginal and Torres Strait Islander Studies immediately
22
before the commencement of the amendments of section 24 of the
23
Australian Institute of Aboriginal and Torres Strait Islander Studies Act
24
1989 made by this Schedule.
25
(2)
The person is taken to have been appointed by the Council under
26
section 25 of that Act on that commencement as Chief Executive
27
Officer of the Institute, for the remainder of the period for which the
28
person was appointed as Principal.
29
Schedule 1 Amendments
8
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
No. , 2015
24 Subsection 25(1)
1
Omit "(1) The Principal", substitute "The Chief Executive Officer".
2
25 Sections 26, 26A, 27 and 28
3
Omit "Principal", substitute "Chief Executive Officer".
4
26 Paragraphs 29(2)(a) and (b)
5
Omit "Principal" (wherever occurring), substitute "Chief Executive
6
Officer".
7
27 Subsection 30(1)
8
Omit "Principal", substitute "Chief Executive Officer".
9
28 Part 8
10
Repeal the Part.
11
29 Subsection 43(1)
12
Omit "Aboriginal persons and Torres Strait Islanders", substitute
13
"Aboriginal and Torres Strait Islander peoples".
14
30 Section 44 (heading)
15
Repeal the heading, substitute:
16
44 Delegation to Chief Executive Officer or staff
17
31 Section 44
18
Omit "Principal", substitute "Chief Executive Officer".
19
32 Saving of delegations
20
(1)
A delegation of powers to the Principal in force under section 44 of the
21
Australian Institute of Aboriginal and Torres Strait Islander Studies Act
22
1989 immediately before the commencement of this Schedule continues
23
in force as a delegation to the Chief Executive Officer.
24
(2)
Subitem (1) does not prevent an amendment or revocation of the
25
delegation on or after that commencement.
26
Amendments Schedule 1
No. , 2015
Australian Institute of Aboriginal and Torres Strait Islander Studies
Amendment Bill 2015
9
33 Section 50 (definition of authorised officer)
1
Repeal the definition.
2
34 Sections 52, 53, 56, 57, 59, 60, 61, 62 and 63
3
Repeal the sections.
4
35 Section 64 (heading)
5
Repeal the heading, substitute:
6
64 Operation of the Superannuation (Productivity Benefit) Act 1988
7
36 Subsection 64(2) (definition of Superannuation Act)
8
Omit "Superannuation Benefit (Interim Arrangement) Act 1988",
9
substitute "Superannuation (Productivity Benefit) Act 1988".
10
37 Section 65
11
Repeal the section.
12