Australian Institute of Multicultural Affairs Repeal Act 1986

Legislation au C2004A03402 Not in force Act

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Australian Institute of Multicultural Affairs Repeal Act 1986

No. 161 of 1986

 

An Act to repeal the Australian Institute of Multicultural Affairs Act 1979, and for related purposes

[Assented to 18 December 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Australian Institute of Multicultural Affairs Repeal Act 1986.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Repeal

3. The following Acts are repealed:

Australian Institute of Multicultural Affairs Act 1979

Australian Institute of Multicultural Affairs Amendment Act 1985.


Interpretation

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

“commencing day” means the day on which this Act comes into operation;

“Institute” means the Australian Institute of Multicultural Affairs established by the repealed Act;

“repealed Act” means the Australian Institute of Multicultural Affairs Act 1979.

Transfer of assets, liabilities, &c.

5. On the commencing day—

(a) any rights, property or assets that immediately before that day were vested in the Institute are, by force of this section, vested in the Commonwealth; and

(b) the Commonwealth becomes, by force of this section, liable to pay and to discharge any debts, liabilities or obligations of the Institute that existed immediately before that day.

Engagements, arrangements and contracts

6. An engagement, arrangement or contract entered into by or on behalf of the Institute and in force immediately before the commencing day continues in force notwithstanding the repeal of the repealed Act, but that engagement, arrangement or contract has effect on and after the commencing day as if—

(a) any reference in the engagement, arrangement or contract to the Institute were (except in relation to matters that occurred before that day) a reference to the Commonwealth; and

(b) any reference in the engagement, arrangement or contract to the Council of the Institute, the Chairperson of the Council of the Institute or the Director of the Institute were (except in relation to matters that occurred before that day) a reference to the Minister or a person authorised by the Minister.

Exemption from taxation

7. An instrument or document that the Secretary to the Department responsible for matters arising under this Act, or an officer of the Department authorised by the Secretary for the purpose, certifies to have been made, executed or given because of, or for a purpose connected with or arising out of, the operation of this Act is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.

Report on operations of Institute

8. The Minister shall, as soon as practicable after the commencing day, cause to be prepared a report of the operations of the Institute during the period that commenced at the end of the last period in respect of which a report of the operations of the Institute was furnished to the Minister and


that ended immediately before the commencing day, together with financial statements in respect of that period in such form as the Minister for Finance approves.

Audit of financial statements

9. The Minister shall cause the financial statements prepared in accordance with section 8 to be submitted to the Auditor-General, who shall report to the Minister—

(a) whether, in the Auditor-General’s opinion, the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and, in the Auditor-General’s opinion, show fairly the financial transactions and the state of the affairs of the Institute;

(c) whether, in the Auditor-General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by the Institute during the period to which the statements relate have been in accordance with the repealed Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

Reports and financial statements to be laid before Parliament

10. The Minister shall cause copies of the report and financial statements referred to in section 8, together with a copy of the report of the Auditor-General referred to in section 9, to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report of the Auditor-General.

Appropriation

11. Where, by an Act, money has been appropriated before the commencing day for expenditure by the Institute under the repealed Act in the year ending 30 June 1987, so much of that money as has not been expended before the commencing day is appropriated for expenditure in that year by the Department responsible for matters arising under this Act—

(a) in the discharge of the liability imposed upon the Commonwealth by paragraph 5 (b);

(b) in the making of payments required to be made under the engagements, arrangements and contracts referred to in section 6;

(c) in the discharge of costs, expenses and other obligations incurred in the performance by the Department of functions that could have been performed by the Institute if the repealed Act had not been repealed; and

(d) in the payment of expenses associated with termination payments for persons who held offices or positions under, or who were employed under, the repealed Act.


[Minister’s second reading speech made in—

House of Representatives on 19 August 1986

Senate on 14 October 1986]

Overview

The Australian Institute of Multicultural Affairs Repeal Act 1986, enacted in 1986 by the Queen, with the assent of the Senate and House of Representatives, was introduced to repeal the Australian Institute of Multicultural Affairs Act 1979 and its 1985 amendment, thereby dissolving the Australian Institute of Multicultural Affairs established by those Acts. The Act vests all rights, property, and assets of the Institute in the Commonwealth, along with the liability for any debts and obligations that existed before the repeal. It ensures that any contracts or engagements in force before the repeal continue in effect, with references to the Institute being interpreted as references to the Commonwealth. The Act also mandates a report on the Institute's operations and financial statements to be prepared by the Minister and submitted to the Auditor-General and Parliament, alongside appropriating unexpended funds for specific purposes. The policy objective of the Act is to transition the responsibilities and assets of the Institute to the Commonwealth effectively.

Scope and Application

The Australian Institute of Multicultural Affairs Repeal Act 1986 is a legislative instrument that repeals the Australian Institute of Multicultural Affairs Act 1979 and its subsequent amendment, the Australian Institute of Multicultural Affairs Amendment Act 1985. The Act applies to the Australian Institute of Multicultural Affairs, established under the repealed legislation, and seeks to manage its dissolution. It specifies that on the commencement date of the Act, any rights, property, or assets vested in the Institute prior to that date are transferred to the Commonwealth of Australia, while the Commonwealth assumes any debts, liabilities, or obligations of the Institute that existed before the repeal. The Act also addresses the continuation of engagements, arrangements, or contracts entered into by the Institute before its repeal, ensuring they remain in force but with references to the Institute amended to refer to the Commonwealth and its authorised representatives. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia and its operations. The Act includes provisions for the preparation and reporting of the Institute’s financial statements and operations to the Minister and subsequently to Parliament, as well as the appropriation of any unexpended funds allocated to the Institute under the repealed legislation.

Key Provisions

The Australian Institute of Multicultural Affairs Repeal Act 1986 (Act) primarily serves to repeal the Australian Institute of Multicultural Affairs Act 1979 and the Australian Institute of Multicultural Affairs Amendment Act 1985, transferring their rights, property, assets, debts, liabilities, and obligations to the Commonwealth. It mandates that any engagements, arrangements, or contracts entered into by or on behalf of the Institute and in force prior to the repeal continue in effect, with references to the Institute and its Council, Chairperson, and Director being interpreted as references to the Commonwealth and the Minister or an authorised person (section 5 and 6). Furthermore, the Act requires the Minister to prepare a report on the Institute’s operations and financial statements, which are then to be audited by the Auditor-General and submitted to the Minister (sections 8 and 9). These reports and statements, along with the Auditor-General's report, must be laid before each House of Parliament within 15 sitting days of receipt (section 10). The Act also addresses the appropriation of funds previously designated for the Institute, allocating unexpended funds for specific expenditures by the Department responsible for matters arising under this Act (section 11). Under the Act, the Minister has the obligation to prepare and submit a comprehensive report detailing the operations of the Institute during the specified period, including financial statements approved by the Minister for Finance. The Minister must also ensure that the financial statements are audited by the Auditor-General, who must report on the accuracy and fairness of the financial transactions and state of affairs of the Institute. Additionally, the Minister is required to lay these reports and financial statements before each House of Parliament within a prescribed timeframe. The Department responsible for matters arising under this Act has the obligation to manage and discharge the liabilities and obligations of the Institute, including making payments required under existing engagements, arrangements, and contracts, and handling the costs, expenses, and obligations incurred during the transition period. The Act does not explicitly detail offences, penalties, or consequences for breach. However, given the nature of the Act, any failure to comply with the Minister’s obligations to prepare, submit, and lay the required reports and financial statements before Parliament could be viewed as a breach of parliamentary reporting requirements, potentially leading to parliamentary inquiries or other oversight actions. Moreover, any mismanagement of the funds previously appropriated for the Institute could result in financial discrepancies that may be subject to audit and corrective measures by the Auditor-General and Parliament.

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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.