Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016

Administered by Department of the Prime Minister and Cabinet

Legislation au C2016A00006 In force Act

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Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016

 

No. 6, 2016

 

 

 

 

 

An Act to amend the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

 

 

 

 

Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016

No. 6, 2016

 

 

 

An Act to amend the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, and for related purposes

[Assented to 11 February 2016]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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.

12 February 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

1  Section 3 (definition of Aboriginal and Torres Strait Islander studies)

Repeal the definition.

2  Section 3 (definition of appointed Councillor)

Omit “12(1)(b) or (c)”, substitute “12(1)(c)”.

3  Section 3

Insert:

Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.

4  Section 3 (at the end of the definition of elected Councillor)

Add “or (b)”.

5  Section 3 (definition of Principal)

Repeal the definition.

6  Section 3 (definition of Research Advisory Committee)

Repeal the definition.

7  Paragraphs 5(a) to (h)

Repeal the paragraphs, substitute:

 (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;

 (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;

 (c) to provide leadership in the fields of:

 (i) Aboriginal and Torres Strait Islander research; and

 (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and

 (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;

 (d) to lead and promote collaborations and partnerships among the academic, research, non‑government, business and government sectors and Aboriginal and Torres Strait Islander peoples in support of the other functions of the Institute;

 (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.

8  Subsection 7(1)

Repeal the subsection, substitute:

 (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.

9  At the end of paragraph 7(2)(a)

Add “and”.

10  Paragraph 7(2)(b)

Omit “studies;”, substitute “culture and heritage.”.

11  Paragraphs 7(2)(c) and (d)

Repeal the paragraphs.

12  Application and transitional provisions for members

(1) The amendments of section 7 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 made by this Schedule apply to the making of appointments of membership of the Institute on or after the commencement of the amendments, as a result of applications for membership made before, on or after that commencement.

(2) The repeal and substitution of subsection 7(1) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 by this Schedule do not affect the continuity of membership on or after the commencement of this Schedule of a person who was a member immediately before that commencement.

13  Subsections 8(1) and (2)

Repeal the subsections, substitute:

 (1) An appointment of a person as a member of the Institute is for 5 years.

14  Sections 9 and 10

Omit “Principal”, substitute “Chief Executive Officer”.

15  Saving of register of members

The amendment of section 10 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 made by this Schedule does not affect the continuity of the register kept under that section.

16  Paragraphs 12(1)(a), (b) and (c)

Repeal the paragraphs, substitute:

 (a) 2 persons who:

 (i) are members of the Institute; and

 (ii) are Aboriginal persons or Torres Strait Islanders; and

 (iii) are elected by the members of the Institute in accordance with the Institute rules;

 (b) 2 other persons who:

 (i) are members of the Institute; and

 (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and

 (iii) are elected by the members of the Institute in accordance with the Institute rules;

 (c) 5 other persons who are appointed by the Minister and each of whom has skills or experience in one or more of the following:

 (i) cultural material conservation;

 (ii) collection management;

 (iii) research;

 (iv) fundraising;

 (v) finance;

 (vi) business;

 (vii) law.

17  After subsection 12(1)

Insert:

 (1A) In making one or more appointments, the Minister must ensure that, immediately following the appointments (and taking into account the characteristics of all the elected Councillors and appointed Councillors at that time):

 (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and

 (b) at least one of the Councillors is a Torres Strait Islander.

 (1B) A person cannot be elected or appointed as a Councillor for a term that starts immediately after the end of 2 consecutive terms of office of the person as a Councillor (whether the person was an elected Councillor or an appointed Councillor for either or both of those earlier terms).

Note: Section 15 deals with the term of office of a Councillor.

18  Transitional and application provisions for Councillors

(1) The amendments of section 12 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 made by this Schedule do not affect the continuity in office, on and after commencement of this Schedule, of Councillors who held office immediately before that commencement.

(2) Paragraphs 12(1)(a) and (b) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, as included by this Schedule, apply to elections for Councillors to hold office after the end of the terms of office of all the elected Councillors who held office immediately before the commencement of this Schedule.

(3) Paragraph 12(1)(c) and subsection 12(1A) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, as included by this Schedule, apply in relation to the making of appointments on or after the commencement of this Schedule.

(4) Subsection 12(1B) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, as included by this Schedule, applies to elections and appointments for terms that start on or after the commencement of this Schedule, whether the earlier terms mentioned in that subsection occurred wholly or partly before or after that commencement.

19  Subsection 21(2A)

After “paragraph 12(1)(a)”, insert “or (b)”.

20  Part 6 (heading)

Repeal the heading, substitute:

Part 6—Chief Executive Officer

21  Section 24 (heading)

Repeal the heading, substitute:

24  Chief Executive Officer

22  Subsections 24(1), (2) and (3)

Omit “Principal” (wherever occurring), substitute “Chief Executive Officer”.

23  Transitional provision for Principal

(1) This item applies to the person who was Principal of the Australian Institute of Aboriginal and Torres Strait Islander Studies immediately before the commencement of the amendments of section 24 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 made by this Schedule.

(2) The person is taken to have been appointed by the Council under section 25 of that Act on that commencement as Chief Executive Officer of the Institute, for the remainder of the period for which the person was appointed as Principal.

24  Subsection 25(1)

Omit “(1) The Principal”, substitute “The Chief Executive Officer”.

25  Sections 26, 26A, 27 and 28

Omit “Principal”, substitute “Chief Executive Officer”.

26  Paragraphs 29(2)(a) and (b)

Omit “Principal” (wherever occurring), substitute “Chief Executive Officer”.

27  Subsection 30(1)

Omit “Principal”, substitute “Chief Executive Officer”.

28  Part 8

Repeal the Part.

29  Subsection 43(1)

Omit “Aboriginal persons and Torres Strait Islanders”, substitute “Aboriginal and Torres Strait Islander peoples”.

30  Section 44 (heading)

Repeal the heading, substitute:

44  Delegation to Chief Executive Officer or staff

31  Section 44

Omit “Principal”, substitute “Chief Executive Officer”.

32  Saving of delegations

(1) A delegation of powers to the Principal in force under section 44 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 immediately before the commencement of this Schedule continues in force as a delegation to the Chief Executive Officer.

(2) Subitem (1) does not prevent an amendment or revocation of the delegation on or after that commencement.

33  Section 50 (definition of authorised officer)

Repeal the definition.

34  Sections 52, 53, 56, 57, 59, 60, 61, 62 and 63

Repeal the sections.

35  Section 64 (heading)

Repeal the heading, substitute:

64  Operation of the Superannuation (Productivity Benefit) Act 1988

36  Subsection 64(2) (definition of Superannuation Act)

Omit “Superannuation Benefit (Interim Arrangement) Act 1988”, substitute “Superannuation (Productivity Benefit) Act 1988”.

37  Section 65

Repeal the section.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 November 2015

Senate on 1 December 2015]

 

(194/15)

 

Overview

The Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016, enacted by the Parliament of Australia, aims to amend the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 to better reflect contemporary understandings and requirements related to the preservation and promotion of Aboriginal and Torres Strait Islander culture and heritage. The Act addresses several issues, including the need to modernise the definition and functions of the Institute, as well as the composition and role of its governing body. By updating the legislation, the Act seeks to ensure that the Institute can more effectively carry out its mission in the areas of research, cultural preservation, and community engagement. The primary policy objective of this Act is to strengthen the governance and operational capacity of the Australian Institute of Aboriginal and Torres Strait Islander Studies. This is achieved through various amendments, such as redefining the Institute's functions, adjusting the composition of the governing body to include more representatives from Aboriginal and Torres Strait Islander communities, and updating the roles within the Institute to reflect modern organisational practices. The Act also aims to enhance the accountability and transparency of the Institute by revising its structural and procedural provisions.

Scope and Application

The Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016 amends the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 to update the functions and governance of the Institute. The Act applies to the Australian Institute of Aboriginal and Torres Strait Islander Studies, a Commonwealth body responsible for the preservation and promotion of Aboriginal and Torres Strait Islander culture and heritage. The amendments introduced by this Act apply nationally, as it is Commonwealth legislation. The Act repeals and substitutes several definitions, restructures the membership and election process for the Institute's Council, and renames the Principal as the Chief Executive Officer. Notably, the Act mandates that a majority of the Council must be Aboriginal or Torres Strait Islander people and at least one must be a Torres Strait Islander. Additionally, it restricts the term limits for Councillors and regulates the appointment process to ensure diversity in skills and experience. The Act also modernises the terminology to reflect current understandings of Aboriginal and Torres Strait Islander peoples. The changes made by the Act apply to appointments and elections occurring after its commencement, with specific transitional provisions to ensure continuity for existing members and Councillors.

Key Provisions

The Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Act 2016 amends the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 by making several significant changes. Firstly, it removes the definitions of "Aboriginal and Torres Strait Islander studies," "appointed Councillor," "Principal," and "Research Advisory Committee" from section 3 (Schedule 1, items 1, 2, 3, 5). Secondly, it introduces a new definition of "Chief Executive Officer" as the Chief Executive Officer of the Institute (Schedule 1, item 3). Thirdly, it revises the primary functions of the Institute in section 5, replacing the previous eight functions with five new ones (Schedule 1, item 7). Fourthly, it changes the composition of the Institute's members, removing subsection 7(1) and modifying paragraphs 7(2)(a) and (b) (Schedule 1, items 8 and 10). Fifthly, it alters the terms and conditions for members' appointments, setting a five-year term for members (Schedule 1, items 13 and 14). Sixthly, it modifies the composition of the Institute's Council, including changes to the number and qualifications of elected and appointed Councillors (Schedule 1, items 16 and 17). Seventhly, it renames the position of "Principal" to "Chief Executive Officer" and adjusts related references throughout the Act (Schedule 1, items 21-28). The Act imposes several obligations and requirements on the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). Firstly, it mandates that the Institute develop, preserve, and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage. Secondly, it requires the Institute to use this collection to strengthen and promote knowledge and understanding of Indigenous culture and heritage. Thirdly, it demands that the Institute provide leadership in Aboriginal and Torres Strait Islander research, ethics, protocols, and the use of collections. Fourthly, it obligates the Institute to lead and promote collaborations and partnerships among various sectors and Indigenous peoples. Fifthly, it requires the Institute to provide advice to the Commonwealth on the status of Indigenous culture and heritage. Additionally, the Act sets specific requirements for the appointment and composition of the Institute's Council, ensuring a balanced representation of Indigenous and non-Indigenous members. The Act outlines several offences and penalties for breaches, although the specific maximum penalties are not detailed within the text provided. It repeals sections that previously defined offences and penalties, including sections 52, 53, 56, 57, 59, 60, 61, 62, and 63 (Schedule 1, item 34). Additionally, it removes the definition of "authorised officer" from section 50 (Schedule 1, item 33). The removal of these sections suggests that the Act may redefine the scope of offences and penalties or incorporate them into other legal frameworks. However, without further information from the repealed sections, the exact nature and severity of the penalties cannot be determined from the provided text.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.