Criminology Research Act 1971 (Cth)
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Criminology Research Act 1971 .
This Act shall come into operation on a date to be fixed by Proclamation.
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 thePublic 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.
(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.
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;
(c) to administer programs for awarding grants, and engaging specialists, for:
(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).
(1) The Minister may request the Institute to:
(a) conduct, or arrange for the conduct of, criminological research into a matter specified by the Minister; or
(b) to conduct seminars or courses of training or instruction in a matter specified by the Minister, 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 Minister 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 Minister 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 Minister specifies.
(1) There shall be a Director of the Institute, who shall be appointed by the Minister.
(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 Minister.
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 Minister;
(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 Minister;
(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.
(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 Minister.
(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 .
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister 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.
The Minister may terminate the appointment of the Director for misbehaviour of physical or mental incapacity.
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 Minister shall remove the Director from office.
The Minister 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 .
(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 Minister, 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.
The Director, on behalf of the Commonwealth, may engage persons having suitable qualifications and experience as consultants to the Institute.
(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
(c) applications for research grants.
(3) The Advisory Council consists of the following members:
(a) a representative of the Commonwealth;
(b) a representative of each State, the Australian Capital Territory and the Northern Territory.
(4) The representative of the Commonwealth is:
(a) if the Minister designates in writing a position in the Department for the purposes of this paragraph—the person for the time being occupying that position; or
(b) otherwise—the person appointed by the Minister in writing.
(5) A designation made under paragraph (4)(a) is not a legislative instrument.
(6) The representative of a State, the Australian Capital Territory or the Northern Territory is the person appointed by the Attorney‑General of the State or Territory in writing.
(7) A person appointed under paragraph (4)(b) may resign from the Advisory Council by written notice given to the Minister.
(8) A person appointed under subsection (6) may resign from the Advisory Council by written notice given to the Attorney General of the relevant State or Territory.
Note: An appointment may be revoked: see subsection 33(3) of the
Acts Interpretation Act 1901 .
(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.
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
(c) the Director is the accountable authority of the listed entity; 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).
(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;
(c) the expenses of administering the Account;
(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).
(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.
(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.
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.
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.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an
amendment that does not accurately describe how an amendment is to be made. If,
despite the misdescription, the amendment can be given effect as intended, then
the misdescribed amendment can be incorporated through an editorial change made
under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Criminology Research Act 1971 | 15, 1971 | 6 Apr 1971 | 6 Nov 1972 (s 2 and gaz1972, No 108) | |
Salaries (Statutory Offices) Adjustment Act 1971 | 136, 1971 | 16 Dec 1971 | s 3(1): 16 Dec 1971 (s 2(2)) | — |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 (s 2) | s 9(1) and 10 |
Administrative Changes (Consequential Provisions) Act 1978 | 36, 1978 | 12 June 1978 | 12 June 1978 (s 2) | s 8 |
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 |
65, 1985 | 5 June 1985 | s 3: 3 July 1985(s 2(1)) | — | |
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 | s 4(1), 10(b) and 15–20: 1 Dec 1988 (s 2(2)) s 28(b)–(e), 30 and 31: 10 Dec 1991 (s 2(3) and gaz 1991, No S332) Remainder: 27 June 1991 (s 2(1)) | s 31(2) |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Sch 4 (items 54, 55): 25 Oct 1996 (s 2(1)) | — |
Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Sch 2 (items 639–656): 1 Jan 1998 (s 2(2) and gaz 1997, No GN49) | — |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 352): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584) | — |
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | Sch 1 (item 36): 29 Oct 2001 (s 2(1)) | Sch 1 (item 97) |
Crimes Legislation Enhancement Act 2003 | 41, 2003 | 3 June 2003 | Sch 2 (items 6A–6P): 3 June 2003 (s 2(1) item 2) | — |
| ||||
| 9, 2006 | 23 Mar 2006 | Sch 2 (item 15): 3 June 2003 (s 2(1) item 30) | — |
Financial Framework Legislation Amendment Act 2010 | 148, 2010 | 17 Dec 2010 | Sch 7: 1 July 2011 (s 2(1) item 7) | Sch 7 (items 19–29) |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Sch 5 (items 79, 80): 19 Apr 2011 (s 2(1) item 13) | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (items 462–466) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | 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 (s 2(1) item 6) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 115, 116, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Crimes and Other Legislation Amendment (Omnibus) Act 2023 | 63, 2023 | 13 Sept 2023 | Sch 4 (items 1, 2): 11 Oct 2023 (s 2(1) item 5) | Sch 4 (item 2) |
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 |
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; No 31, 2018 | |
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 | |
s. 15...................................... | am. No. 148, 2010; No 31, 2018 |
s. 16...................................... | rs. No. 148, 2010 |
am No 31, 2018 | |
s. 17...................................... | am. No. 123, 1986; No. 159, 2001; No. 148, 2010; No 31, 2018 |
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; No 31, 2018 | |
s. 20...................................... | am. No. 148, 2010; No 31, 2018 |
s. 21...................................... | am. No. 123, 1986; No. 122, 1991; No. 148, 2010; No 31, 2018 |
s. 22...................................... | rs. No. 123, 1986 |
am. No. 46, 2011; No 31, 2018 | |
s. 23...................................... | am. No. 123, 1986 |
rs. No. 148, 2010 | |
am No 31, 2018 | |
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.................................. | rs. No. 148, 2010 |
s. 33...................................... | am. No. 216, 1973; No. 36, 1978; No. 123, 1986 |
rep. No. 152, 1997 | |
ad. No. 148, 2010 | |
am No 31, 2018; No 63, 2023 | |
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..................................... | 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 |
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 |
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0
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