{"id":"C2004A03897","name":"Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989","slug":"australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"149 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36900,"registerId":"commonwealth-C2004A03897-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Institute of Aboriginal and Torres Strait Islander Studies","content":"## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Australian Institute of Aboriginal and Torres Strait Islander Studies","content":"#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Institute","content":"## Part 3—Functions of Institute","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Functions of Institute","content":"#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Institute","content":"#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Members of Institute","content":"## Part 4—Members of Institute","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Members of Institute","content":"#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Period of membership","content":"#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Resignation","content":"#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Register of members","content":"#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Rights of members","content":"#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Council of Institute","content":"An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.\n\n#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).\n\n## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.\n\n## Part 3—Functions of Institute\n\n#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n## Part 4—Members of Institute\n\n#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.\n\n#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.\n\n#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.\n\n#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.\n\n## Part 5—Council of Institute\n\n### Division 1—Constitution of Council\n\n#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.\n\n#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.\n\n#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.\n\n### Division 2—Administrative provisions\n\n#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.\n\n#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.\n\n#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.\n\n#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.\n\n#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.\n\n#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.\n\n#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.\n\n### Division 3—Operations of Council\n\n#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.\n\n## Part 6—Chief Executive Officer\n\n#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.\n\n#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n\n#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.\n\n#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.\n\n#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.\n\n#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.\n\n## Part 7—Staff\n\n#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.\n\n## Part 9—Finance\n\n#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.\n\n#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part 10—Miscellaneous\n\n#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.\n\n#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.\n\n#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.\n\n#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.\n\n#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.\n\n#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.\n\n#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.\n\n#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.\n\n## Part 11—Transitional provisions\n\n### Division 1—Preliminary\n\n#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.\n\n### Division 3—Transitional provisions\n\n#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.\n\n#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.\n\n#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution of Council","content":"An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.\n\n#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).\n\n## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.\n\n## Part 3—Functions of Institute\n\n#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n## Part 4—Members of Institute\n\n#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.\n\n#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.\n\n#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.\n\n#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.\n\n## Part 5—Council of Institute\n\n### Division 1—Constitution of Council\n\n#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.\n\n#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.\n\n#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.\n\n### Division 2—Administrative provisions\n\n#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.\n\n#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.\n\n#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.\n\n#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.\n\n#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.\n\n#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.\n\n#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.\n\n### Division 3—Operations of Council\n\n#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.\n\n## Part 6—Chief Executive Officer\n\n#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.\n\n#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n\n#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.\n\n#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.\n\n#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.\n\n#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.\n\n## Part 7—Staff\n\n#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.\n\n## Part 9—Finance\n\n#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.\n\n#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part 10—Miscellaneous\n\n#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.\n\n#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.\n\n#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.\n\n#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.\n\n#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.\n\n#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.\n\n#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.\n\n#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.\n\n## Part 11—Transitional provisions\n\n### Division 1—Preliminary\n\n#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.\n\n### Division 3—Transitional provisions\n\n#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.\n\n#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.\n\n#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Constitution of Council","content":"#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Responsibilities of Council","content":"#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Chairperson and Deputy Chairperson of Council","content":"#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Administrative provisions","content":"An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.\n\n#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).\n\n## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.\n\n## Part 3—Functions of Institute\n\n#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n## Part 4—Members of Institute\n\n#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.\n\n#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.\n\n#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.\n\n#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.\n\n## Part 5—Council of Institute\n\n### Division 1—Constitution of Council\n\n#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.\n\n#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.\n\n#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.\n\n### Division 2—Administrative provisions\n\n#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.\n\n#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.\n\n#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.\n\n#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.\n\n#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.\n\n#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.\n\n#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.\n\n### Division 3—Operations of Council\n\n#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.\n\n## Part 6—Chief Executive Officer\n\n#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.\n\n#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n\n#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.\n\n#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.\n\n#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.\n\n#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.\n\n## Part 7—Staff\n\n#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.\n\n## Part 9—Finance\n\n#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.\n\n#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part 10—Miscellaneous\n\n#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.\n\n#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.\n\n#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.\n\n#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.\n\n#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.\n\n#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.\n\n#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.\n\n#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.\n\n## Part 11—Transitional provisions\n\n### Division 1—Preliminary\n\n#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.\n\n### Division 3—Transitional provisions\n\n#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.\n\n#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.\n\n#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Term of office","content":"#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Remuneration and allowances","content":"#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Leave of absence","content":"#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Acting appointments","content":"#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Resignation","content":"#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Termination of membership of Council","content":"#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Other terms and conditions","content":"#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.","sortOrder":28},{"sectionNumber":"Division 3","sectionType":"division","heading":"Operations of Council","content":"An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.\n\n#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).\n\n## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.\n\n## Part 3—Functions of Institute\n\n#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n## Part 4—Members of Institute\n\n#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.\n\n#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.\n\n#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.\n\n#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.\n\n## Part 5—Council of Institute\n\n### Division 1—Constitution of Council\n\n#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.\n\n#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.\n\n#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.\n\n### Division 2—Administrative provisions\n\n#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.\n\n#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.\n\n#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.\n\n#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.\n\n#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.\n\n#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.\n\n#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.\n\n### Division 3—Operations of Council\n\n#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.\n\n## Part 6—Chief Executive Officer\n\n#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.\n\n#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n\n#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.\n\n#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.\n\n#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.\n\n#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.\n\n## Part 7—Staff\n\n#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.\n\n## Part 9—Finance\n\n#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.\n\n#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part 10—Miscellaneous\n\n#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.\n\n#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.\n\n#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.\n\n#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.\n\n#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.\n\n#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.\n\n#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.\n\n#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.\n\n## Part 11—Transitional provisions\n\n### Division 1—Preliminary\n\n#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.\n\n### Division 3—Transitional provisions\n\n#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.\n\n#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.\n\n#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Meetings of Council","content":"#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.","sortOrder":30},{"sectionNumber":"Part 6","sectionType":"part","heading":"Chief Executive Officer","content":"## Part 6—Chief Executive Officer","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Chief Executive Officer","content":"#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Period of appointment","content":"#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Remuneration and allowances","content":"#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.","sortOrder":34},{"sectionNumber":"26A","sectionType":"section","heading":"Recreation leave","content":"#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Resignation","content":"#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Other terms and conditions","content":"#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.","sortOrder":37},{"sectionNumber":"Part 7","sectionType":"part","heading":"Staff","content":"## Part 7—Staff","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Staff","content":"#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Consultants","content":"#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.","sortOrder":40},{"sectionNumber":"Part 9","sectionType":"part","heading":"Finance","content":"## Part 9—Finance","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Money payable to the Institute","content":"#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Application of money held by Institute","content":"#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Exemption from taxation","content":"#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.","sortOrder":44},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"## Part 10—Miscellaneous","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Certain information not to be disclosed","content":"#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Informing TSRA about general conduct of Institute","content":"#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Minister may ask for advice","content":"#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Delegation to Chief Executive Officer or staff","content":"#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Remuneration and allowances","content":"#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":50},{"sectionNumber":"45A","sectionType":"section","heading":"Recreation leave","content":"#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Conduct of directors, employees and agents","content":"#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Rules","content":"#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Regulations","content":"#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.","sortOrder":54},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional provisions","content":"An Act to establish an Australian Institute of Aboriginal and Torres Strait Islander Studies, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989.\n\n#### 2 Commencement\n\n  This Act commences on the commencement of the Aboriginal and Torres Strait Islander Commission Act 1989.\n\n> Note: The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2005. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Aboriginal person means a person of the Aboriginal race of Australia.\n\n> appointed Councillor means a Councillor referred to in paragraph 12(1)(c).\n\n> Chief Executive Officer means the Chief Executive Officer of the Institute referred to in section 24.\n\n> Council means the Council of the Institute referred to in section 12.\n\n> Council Chairperson means the Chairperson of the Council appointed under subsection 14(1).\n\n> Councillor means a member of the Council.\n\n> elected Councillor means a Councillor referred to in paragraph 12(1)(a) or (b).\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies established by section 4.\n\n> Institute rules means rules made by the Council under section 48.\n\n> Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.\n\n> TSRA means the Torres Strait Regional Authority established by Part 3A of the Aboriginal and Torres Strait Islander Act 2005.\n\n#### 3A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.\n\n> Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n> Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 47(10).\n\n## Part 2—Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n#### 4 Australian Institute of Aboriginal and Torres Strait Islander Studies\n\n  (1) An Australian Institute of Aboriginal and Torres Strait Islander Studies is established.\n  (2) The Institute:\n    (a) is a body corporate;\n    (b) shall have a seal;\n    (c) may acquire, hold and dispose of real and personal property; and\n    (d) may sue and be sued.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the Institute shall be kept in such custody as the Council directs and shall not be used except as authorised by the Council.\n  (4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that it was duly affixed.\n\n## Part 3—Functions of Institute\n\n#### 5 Functions of Institute\n\n  The Institute has the following functions:\n    (a) to develop, preserve and provide access to a national collection of Aboriginal and Torres Strait Islander culture and heritage;\n    (b) to use that national collection to strengthen and promote knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage;\n    (c) to provide leadership in the fields of:\n    (i) Aboriginal and Torres Strait Islander research; and\n    (ii) ethics and protocols for research, and other activities relating to collections, related to Aboriginal and Torres Strait Islander peoples; and\n    (iii) use (including use for research) of that national collection and other collections containing Aboriginal and Torres Strait Islander culture and heritage;\n    (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;\n    (e) to provide advice to the Commonwealth on the situation and status of Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 6 Powers of Institute\n\n  (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.\n  (2) The powers of the Institute under subsection (1) include, but are not limited to, the following powers:\n    (a) to accept gifts, grants, bequests and devises made to it;\n    (b) to act as trustee of money and other property vested in it on trust.\n  (3) In spite of anything contained in this Act, any money or other property held by the Institute on trust shall be dealt with in accordance with the powers and duties of the Institute as trustee.\n\n## Part 4—Members of Institute\n\n#### 7 Members of Institute\n\n  (1) Subject to this Part, the members of the Institute are persons appointed by the Council as members.\n  (2) The Council shall not appoint a person to be a member of the Institute unless:\n    (a) the person has applied for membership of the Institute in accordance with the Institute rules; and\n    (b) the person has a demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage.\n\n#### 8 Period of membership\n\n  (1) An appointment of a person as a member of the Institute is for 5 years.\n  (3) Nothing in this section prevents the Council from appointing as a member of the Institute a person who has previously been a member of the Institute.\n\n#### 9 Resignation\n\n  A member of the Institute may resign by writing signed by him or her and sent to the Chief Executive Officer.\n\n#### 10 Register of members\n\n  The Chief Executive Officer shall establish and maintain a register of the members of the Institute.\n\n#### 11 Rights of members\n\n  Membership of the Institute does not confer any rights or powers other than those expressly conferred by this Act or by the Institute rules.\n\n## Part 5—Council of Institute\n\n### Division 1—Constitution of Council\n\n#### 12 Constitution of Council\n\n  (1) There shall be a Council of the Institute consisting of the following members:\n    (a) 2 persons who:\n    (i) are members of the Institute; and\n    (ii) are Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (b) 2 other persons who:\n    (i) are members of the Institute; and\n    (ii) may or may not be Aboriginal persons or Torres Strait Islanders; and\n    (iii) are elected by the members of the Institute in accordance with the Institute rules;\n    (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:\n    (i) cultural material conservation;\n    (ii) collection management;\n    (iii) research;\n    (iv) fundraising;\n    (v) finance;\n    (vi) business;\n    (vii) law.\n  (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):\n    (a) at least 5 of the Councillors are Aboriginal persons or Torres Strait Islanders; and\n    (b) at least one of the Councillors is a Torres Strait Islander.\n  (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).\n\n> Note: Section 15 deals with the term of office of a Councillor.\n\n  (2) All the Councillors hold office on a part‑time basis.\n\n#### 13 Responsibilities of Council\n\n  It is the responsibility of the Council to ensure the proper and efficient performance of the functions of the Institute and to determine the policy of the Institute with respect to any matter.\n\n#### 14 Chairperson and Deputy Chairperson of Council\n\n  (1) The Minister shall appoint a Chairperson and a Deputy Chairperson of the Council from among the Councillors.\n  (2) The Councillor who is the Chairperson or the Deputy Chairperson of the Council ceases to be the Chairperson or the Deputy Chairperson of the Council, as the case may be, if he or she ceases to be a Councillor.\n\n### Division 2—Administrative provisions\n\n#### 15 Term of office\n\n  (1) An appointed Councillor holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.\n  (2) An elected Councillor holds office for such period, not exceeding 4 years, as is determined in accordance with the Institute rules.\n\n#### 16 Remuneration and allowances\n\n  A Councillor is entitled to remuneration and allowances in accordance with section 45.\n\n#### 17 Leave of absence\n\n  (1) The Minister may grant a Councillor leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.\n  (2) The Minister may delegate, to the Council Chairperson, the power under subsection (1) to grant leave of absence to the other Councillors.\n\n#### 18 Acting appointments\n\n  (1) The Deputy Chairperson of the Council shall act as the Council Chairperson:\n    (a) during a vacancy in the office of Council Chairperson, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Council Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.\n\n  (2) The Minister may appoint a person to act in the office of an appointed Councillor:\n    (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the appointed Councillor is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (3) A person appointed to act during a vacancy in the office of an appointed Councillor under subsection (2):\n    (a) shall not continue so to act for more than 6 months; and\n    (b) shall not be re‑appointed to act during that vacancy for a period that would be continuous with the period of 6 months from the date when the person first started acting during that vacancy.\n  (4) The Minister shall not appoint a person to act in an office of appointed Councillor unless, having regard to section 12, the person could be appointed to that office.\n  (5) The Minister may appoint a member of the Institute to act in the office of an elected Councillor during any period, or during all periods, when the elected Councillor is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n  (6) The appointment of a person to act in the office of a Councillor who is also the Chairperson or Deputy Chairperson of the Council does not constitute an appointment of the person to act as the Chairperson or Deputy Chairperson, as the case may be.\n\n#### 20 Resignation\n\n  A Councillor may resign by writing signed by him or her and sent to the Minister.\n\n#### 21 Termination of membership of Council\n\n  (1) The Minister may terminate a person’s membership of the Council because of misbehaviour or physical or mental incapacity.\n  (2) The Minister must terminate a person’s membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.\n\n> Note: A Council member’s membership may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n  (2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) or (b) of this Act as if the election were an appointment by the Minister.\n\n> Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013.\n\n  (3) An elected Councillor ceases to be a Councillor if he or she ceases to be a member of the Institute.\n\n#### 22 Other terms and conditions\n\n  A Councillor holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in writing published in the Gazette.\n\n### Division 3—Operations of Council\n\n#### 23 Meetings of Council\n\n  (1) The Council Chairperson shall convene such meetings of the Council as, in the Chairperson’s opinion, are necessary for the efficient performance of the Council’s responsibilities.\n  (2) The Minister may, at any time, convene a meeting of the Council.\n  (3) The Council Chairperson shall convene a meeting of the Council upon receipt of a written request for a meeting signed by at least 4 Councillors.\n  (4) At a meeting of the Council, a quorum is constituted by 5 Councillors.\n  (5) Where:\n    (a) a Councillor who is present at a meeting is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Council with respect to a particular matter; and\n    (b) when the Councillor leaves the meeting there is no longer a quorum present;\n  the Councillors remaining at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n  (6) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.\n  (7) If the Council Chairperson is not present at a meeting of the Council:\n    (a) if the Deputy Chairperson of the Council is present, the Deputy Chairperson of the Council shall preside at the meeting; and\n    (b) in any other case, the Councillors present shall elect one of their number to preside at the meeting.\n  (8) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Councillors present and voting.\n  (9) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n  (10) The Council may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.\n\n## Part 6—Chief Executive Officer\n\n#### 24 Chief Executive Officer\n\n  (1) There shall be a Chief Executive Officer of the Institute who shall be appointed by the Council.\n  (2) The Chief Executive Officer shall, subject to subsection (3), manage the day‑to‑day administration of the Institute.\n  (3) The Chief Executive Officer shall, in managing the administration of the Institute and in exercising any powers conferred on the Chief Executive Officer by this Act, act in accordance with any policies determined, and any directions given, by the Council in writing.\n\n#### 25 Period of appointment\n\n  The Chief Executive Officer holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.\n\n#### 26 Remuneration and allowances\n\n  The Chief Executive Officer is entitled to remuneration and allowances in accordance with section 45.\n\n#### 26A Recreation leave\n\n  The Chief Executive Officer is entitled to recreation leave in accordance with section 45A.\n\n#### 27 Resignation\n\n  The Chief Executive Officer may resign by writing signed by him or her and sent to the Council.\n\n#### 28 Other terms and conditions\n\n  The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Council by notice in writing published in the Gazette.\n\n## Part 7—Staff\n\n#### 29 Staff\n\n  (1) Subject to section 30, the staff required to assist the Institute in the performance of its functions shall be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the Chief Executive Officer and the APS employees assisting the Principal together constitute a Statutory Agency; and\n    (b) the Chief Executive Officer is the Head of that Statutory Agency.\n\n#### 30 Consultants\n\n  (1) The Chief Executive Officer may, on behalf of the Institute, engage as consultants to the Institute persons having suitable qualifications and experience.\n  (2) The terms and conditions on which consultants are engaged shall be as determined by the Council by notice published in the Gazette.\n\n## Part 9—Finance\n\n#### 36 Money payable to the Institute\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the amounts in which, and the times at which, money so appropriated is to be paid to the Institute.\n\n#### 38 Application of money held by Institute\n\n  (1) Money held by the Institute shall be applied only:\n    (a) in payment or discharge of the costs, expenses and other obligations incurred by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of any remuneration and allowances payable to any person under this Act or any other Act; and\n    (c) in making any other payments which the Institute is authorised or required to make under this Act.\n  (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 39 Exemption from taxation\n\n  The Institute is not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part 10—Miscellaneous\n\n#### 41 Certain information not to be disclosed\n\n  (1) Where information or other matter has been deposited with the Institute under conditions of restricted access, the Institute or the Council shall not disclose that information or other matter except in accordance with those conditions.\n  (2) The Institute or the Council shall not disclose information or other matter held by it (including information or other matter covered by subsection (1)) if that disclosure would be inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders.\n\n#### 42 Informing TSRA about general conduct of Institute\n\n  (2) The Council may from time to time inform the TSRA about the general conduct of the activities of the Institute.\n  (3) Where the Council receives a request from the TSRA for information about the activities of the Institute, the Council may give to the TSRA, as the case may be, such information relating to the activities of the Institute as the Council thinks appropriate.\n\n#### 43 Minister may ask for advice\n\n  (1) The Minister or the TSRA may, from time to time, ask the Council to provide advice on aspects of the culture, history and society of Aboriginal and Torres Strait Islander peoples.\n  (2) The Council:\n    (a) shall comply with a request under subsection (1) made by the Minister; and\n    (b) may comply with a request under subsection (1) made by the TSRA.\n  (3) The Council may, in response to a request under subsection (1):\n    (a) prepare its advice having regard only to any relevant information that is already in the possession of the Institute; or\n    (b) if the Council considers it appropriate to do so—arrange for the conduct of research into the matter to which the request relates by or on behalf of the Institute, and prepare its advice having regard to that research and to any other relevant information that is otherwise in the possession of the Institute.\n\n#### 44 Delegation to Chief Executive Officer or staff\n\n  The Institute may, by writing under its seal, delegate any or all of its functions and powers to the Chief Executive Officer or to a member of the staff of the Institute.\n\n#### 45 Remuneration and allowances\n\n  (1) The following provisions apply in relation to the holder of an office who is, by a provision of this Act, entitled to remuneration and allowances in accordance with this section:\n    (a) the holder of the office shall be paid such remuneration as is determined by the Remuneration Tribunal;\n    (b) if no determination of that remuneration by the Remuneration Tribunal is in operation, the holder of the office shall be paid such remuneration as is determined under subsection (2) by the Minister;\n    (c) the holder of the office shall be paid such allowances as are determined under subsection (2) by the Minister.\n  (2) For the purposes of paragraph (1)(b) or (c), the Minister may, by notifiable instrument, determine remuneration or allowances to be paid to the holder of an office.\n\n> Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.\n\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 45A Recreation leave\n\n  The holder of an office who is, by a provision of this Act, entitled to recreation leave in accordance with this section is entitled to such recreation leave as is determined by the Remuneration Tribunal.\n\n#### 47 Conduct of directors, employees and agents\n\n  (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, employee or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and\n    (b) that the employee or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) Where:\n    (a) a person other than a body corporate is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for that offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Act includes a reference to:\n    (a) an offence created by the regulations; and\n    (b) an offence created by:\n    (i) section 6 of the Crimes Act 1914; or\n    (ii) section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code; or\n    (iii) section 134.1, 134.2, 135.1, 135.2, 135.4 or 136.1 of the Criminal Code;\n    being an offence that relates to this Act or the regulations.\n  (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.\n\n> Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.\n\n#### 48 Rules\n\n  (1) The Council may make rules, not inconsistent with this Act or the regulations, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Institute rules; or\n    (b) necessary or convenient to be prescribed by the Institute rules in connection with the conduct of the affairs of the Institute.\n  (2) Rules made under this section are not legislative instruments.\n\n#### 49 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting the generality of subsection (1), the regulations may:\n    (a) prescribe fees payable in respect of any matter under this Act; and\n    (b) provide penalties for breaches of the regulations not exceeding:\n    (i) in the case of a natural person—$1,000; or\n    (ii) in the case of a body corporate—$5,000.\n\n## Part 11—Transitional provisions\n\n### Division 1—Preliminary\n\n#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.\n\n### Division 3—Transitional provisions\n\n#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.\n\n#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.\n\n#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Interpretation","content":"#### 50 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> assets means property of every kind, and, without limiting the generality of the foregoing, includes:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> commencement means the commencement of this Act.\n\n> liabilities means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> new Institute means the Australian Institute of Aboriginal and Torres Strait Islander Studies.\n\n> old Institute means the Australian Institute of Aboriginal Studies.\n\n> old Institute instrument means an instrument:\n\n    (a) to which the old Institute was a party;\n    (b) that was given to or in favour of the old Institute;\n    (c) in which a reference is made to the old Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred, to or by the old Institute;\n  being an instrument subsisting immediately before the commencement.","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Transfer of assets and liabilities of old Institute","content":"#### 54 Transfer of assets and liabilities of old Institute\n\n  (1) At the commencement, the assets and liabilities of the old Institute become assets and liabilities of the new Institute.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the new Institute because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the old Institute on trust shall, after the commencement, be held by the new Institute on trust and subject to the terms of the trust on which the asset was so held by the old Institute;\n    (b) liabilities of the old Institute to make payments shall, after the commencement, be taken to be liabilities incurred by the new Institute in the performance of its functions and the exercise of its powers.","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Old Institute instruments","content":"#### 55 Old Institute instruments\n\n  An old Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the old Institute were a reference to the new Institute.","sortOrder":60},{"sectionNumber":"64","sectionType":"section","heading":"Operation of the Superannuation (Productivity Benefit) Act 1988","content":"#### 64 Operation of the Superannuation (Productivity Benefit) Act 1988\n\n  (1) The Superannuation Act and any related law apply in relation to any person who:\n    (a) before the commencement, was employed by the old Institute; and\n    (b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;\n  as if:\n    (c) the person’s employer was in each case the same body; and\n    (d) the continuity of the person’s employment was not affected by the abolition of the old Institute and the establishment of the new Institute.\n  (2) In this section:\n\n> related law means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act.\n\n> Superannuation Act means the Superannuation (Productivity Benefit) Act 1988.","sortOrder":61}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues the core purpose of a national institute for Aboriginal and Torres Strait Islander studies: creating and managing a national collection, promoting research and ethics, and advising government (s5). The main changes reflected in the version provided are governance and administrative refinements (for example, cross-references to the PGPA Act, explicit Public Service employment treatment in s29, and specific Council composition requirements in s12(1A)). Transitional provisions (s54–55, s64) preserve continuity from the prior body. Overall the legislation remains within its original institutional purpose rather than substantially expanding or repurposing the Institute’s scope."},"complexity_factors":["About 12 defined terms in the interpretation section (s3) including special terms like 'Aboriginal person', 'Torres Strait Islander', 'Institute rules', 'TSRA'.","Multiple cross-references to external Acts: Public Governance, Performance and Accountability Act 2013 (note to s4), Public Service Act 1999 (s29), Criminal Code & Crimes Act (s3A, s47), Remuneration Tribunal Act 1973 (s45(3)), Acts Interpretation Act 1901 (acting appointment notes).","Conditional composition and representation rules for Council, including a minimum Indigenous representation constraint and a ban on more than two consecutive terms starting immediately after two consecutive terms (s12, s12(1A), s12(1B)).","Attribution and criminal‑liability rules that both apply Chapter 2 of the Criminal Code and exclude Part 2.5, while separately attributing state of mind and conduct to bodies corporate (s3A, s47(1)–(4), s47(10)).","Two distinct internal rule‑making regimes with different oversight: Council 'Institute rules' (s48) which are not legislative instruments, and Governor‑General regulations (s49) which are.","Transitional provisions transferring assets, liabilities and instruments from the old Institute and preserving employment continuity and trust terms (s54–55, s64).","Multiple operational branches (membership, Council governance, CEO appointment and staff, finance, confidentiality) with clear but separate procedures (Parts 4–11).","Specific delegations and discretion: Minister’s appointment and termination powers (s12, s14, s21), Council’s authority to make rules (s48), and Council’s discretion on disclosure (s41)."],"plain_english_summary":"The Act creates the Australian Institute of Aboriginal and Torres Strait Islander Studies as a corporate Commonwealth body to build, preserve and provide access to Indigenous cultural collections, lead research and ethics, collaborate across sectors and advise the Commonwealth. It grants governance powers, funding by parliamentary appropriation, tax exemptions, and confidentiality/cultural‑sensitivity rules over deposited material.\n\nIt affects members, Councillors, the CEO, APS staff, donors, researchers, depositors and the Minister — shaping who decides access, funding, governance and safeguards for culturally sensitive collections."},"kimi_summary":{"_metrics":{"completionTokens":769},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original 1989 scope through amendments that: (1) added Torres Strait Islander-specific representation requirements (s.12(1A)(b)), (2) incorporated modern corporate governance standards via the Public Governance, Performance and Accountability Act 2013, (3) added research ethics and protocols leadership to functions (s.5(c)(ii)), and (4) established partnership and collaboration mandates with non-government and business sectors (s.5(d)). The original Act focused primarily on collection and research; the current version positions AIATSIS as a national leader in Indigenous research ethics and cross-sectoral collaboration."},"complexity_factors":["Multiple overlapping membership categories (elected vs appointed Councillors, Institute members vs Councillors) with different term limits and appointment processes","Cross-references to external legislation including the Public Governance, Performance and Accountability Act 2013, Criminal Code, Public Service Act 1999, and Remuneration Tribunal Act 1973","Conditional logic for Council composition requiring Minister to balance characteristics across elected and appointed members (s.12(1A))","Term limit restrictions with '2 consecutive terms' rule that applies across both elected and appointed categories (s.12(1B))","Quorum rules with exception for conflict-of-interest situations where recused members reduce attendance below normal quorum (s.23(5))","Extensive criminal liability attribution rules for bodies corporate and individuals through directors, employees and agents (s.47)","Dual pathways for remuneration determination (Remuneration Tribunal vs Minister) with fallback provisions (s.45)","Transitional provisions preserving trust obligations and employment continuity from predecessor body"],"plain_english_summary":"This Act establishes the **Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)** — a national body responsible for preserving and promoting Indigenous Australian culture and heritage.\n\n**What it does:**\n- Creates AIATSIS as a corporate body (a legal entity that can own property, enter contracts, and be sued)\n- Establishes a **national collection** of Aboriginal and Torres Strait Islander cultural and heritage materials\n- Sets out five core functions: developing/preserving the collection, promoting knowledge and understanding, providing research leadership (including ethics and protocols), fostering partnerships across sectors, and advising government\n\n**Who runs it:**\n- A **Council** of 9 part-time members: 4 elected by Institute members (at least 2 must be Aboriginal or Torres Strait Islander people), and 5 appointed by the Minister with expertise in areas like conservation, research, finance, and law\n- The Minister must ensure at least 5 Councillors are Aboriginal or Torres Strait Islander people, and at least one is a Torres Strait Islander specifically\n- A **Chief Executive Officer** appointed by the Council manages day-to-day operations\n- Staff are employed under the Public Service Act\n\n**Key protections:**\n- **Cultural safety**: Information cannot be disclosed if it would conflict with the views or sensitivities of relevant Aboriginal or Torres Strait Islander people\n- **Restricted access**: Materials deposited under confidentiality conditions stay protected\n- The Institute is exempt from taxation\n\n**Why it matters:**\nThis legislation recognises Indigenous cultural heritage as a national priority requiring dedicated, ongoing institutional support. It embeds Indigenous representation in governance (through elected Councillors and mandatory diversity requirements) and establishes ethical frameworks for research and collection management — addressing historical concerns about exploitation and disrespect of Indigenous knowledge.\n\nThe Act also includes transitional provisions from 1989 that transferred assets from the former Australian Institute of Aboriginal Studies to the new, expanded body that explicitly includes Torres Strait Islander peoples."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"7(1) and 12(1)(a)-(b)","severity":"high","reasoning":"Section 7(1) states members of the Institute are appointed by the Council. Section 12(1)(a) and (b) require elected Councillors to be members of the Institute. On first establishment, there are no members, so no elected Councillors can exist, so no quorum-capable Council can exist to appoint members. The transitional provisions in Part 11 deal with asset transfer from the old Institute but do not explicitly address this bootstrapping problem for the new Council's constitution.","confidence":0.82,"description":"Circular dependency: The Council appoints members of the Institute, but elected Councillors must already be members of the Institute. Before the Institute has any members, the Council cannot exist (no elected Councillors), and without a Council, no members can be appointed. The Act provides no bootstrap mechanism to break this deadlock at establishment."},{"type":"impossible_compliance","section":"12(1A)","severity":"medium","reasoning":"The Council has 9 members: 4 elected, 5 appointed. The minimum of 5 Indigenous Councillors must be met 'immediately following' ministerial appointments. If all 4 elected Councillors happen to be non-Indigenous (which s.12(1)(b) expressly permits for 2 of them), then to reach 5 Indigenous Councillors the Minister would need all 5 appointed Councillors to be Indigenous. That is arithmetically achievable but only at the limit; the obligation is triggered by the Minister's act alone while depending on elected outcomes outside Ministerial control, creating potential for structural non-compliance.","confidence":0.75,"description":"The Minister's obligation to ensure at least 5 of 9 Councillors are Aboriginal persons or Torres Strait Islanders applies only 'in making one or more appointments' of the 5 ministerial appointees, yet the composition requirement depends also on elected Councillors whom the Minister does not control. If elected Councillors are not Aboriginal or Torres Strait Islander persons, the Minister may be mathematically unable to satisfy the requirement even by appointing all 5 ministerial appointees as Aboriginal or Torres Strait Islander persons."},{"type":"other","section":"29(2)","severity":"medium","reasoning":"No definition of 'the Principal' appears in section 3 or elsewhere in the Act. This appears to be a drafting error—likely a residual reference from a template or earlier draft—that creates ambiguity about which Statutory Agency is being constituted and who its staff are.","confidence":0.88,"description":"Section 29(2)(a) refers to 'the APS employees assisting the Principal' constituting a Statutory Agency together with the CEO. The term 'the Principal' is undefined anywhere in the Act, rendering this provision incoherent on its face."},{"type":"impossible_compliance","section":"41(2)","severity":"medium","reasoning":"The Institute cannot know in advance what all relevant Aboriginal persons or Torres Strait Islanders consider sensitive or inconsistent with their views. The provision imposes a mandatory prohibition ('shall not disclose') contingent on a subjective community standard that is unascertainable before the fact, potentially making every disclosure a legal risk and every refusal to disclose unchallengeable.","confidence":0.78,"description":"The prohibition on disclosure that would be 'inconsistent with the views or sensitivities of relevant Aboriginal persons or Torres Strait Islanders' is practically unworkable as a legal standard. There is no mechanism to ascertain those views, no definition of 'relevant', and no process for resolving conflicting views among different community members, making compliance objectively indeterminate."},{"type":"other","section":"64(1)(b)","severity":"medium","reasoning":"The Public Service Act 1922 was repealed by the Public Service Act 1999. The Act's body at section 29 correctly references the Public Service Act 1999, making the inconsistent reference in section 64 to the 1922 Act appear to be an unremedied drafting anachronism that could produce interpretive difficulties about whether anyone qualifies under the provision.","confidence":0.85,"description":"Section 64 refers to persons 'employed under the Public Service Act 1922' in the new Institute after commencement. The Public Service Act 1922 was repealed and replaced by the Public Service Act 1999. This reference is to a non-existent statute, rendering the transitional superannuation provision potentially inoperative."},{"type":"other","section":"48(2)","severity":"medium","reasoning":"Rules that govern who can be a member of the Institute and how Councillors are elected are constitutionally significant because they determine the makeup of a Commonwealth statutory authority. Declaring them non-legislative instruments removes them from the Legislation Act 2003 disallowance and sunsetting regime, creating a governance gap where the Council can effectively entrench its own composition rules without parliamentary oversight.","confidence":0.72,"description":"Institute rules made under section 48 are declared 'not legislative instruments', yet several critical legal obligations in the Act—including membership eligibility (s.7(2)(a)), election of Councillors (s.12(1)(a)(iii) and (b)(iii)), and elected Councillors' terms (s.15(2))—are governed exclusively by those rules. Removing them from the legislative instruments framework strips parliamentary scrutiny and sunsetting from rules that determine the composition of a statutory body."},{"type":"other","section":"12(1B)","severity":"low","reasoning":"The provision targets continuity by blocking a term 'starting immediately after' 2 consecutive terms. It does not impose a cooling-off period of any minimum duration, so the restriction is easily circumvented by a nominal gap between appointments, undermining its evident purpose of preventing entrenchment.","confidence":0.7,"description":"The term-limit rule in section 12(1B) prohibits election or appointment 'for a term that starts immediately after the end of 2 consecutive terms'. This wording only blocks a third consecutive term commencing immediately after the second. A person could serve 2 terms, take a single day's break, and then be re-appointed for unlimited further consecutive terms, rendering the limit largely illusory."}],"contradictions":[{"severity":"low","section_a":"3A and 47(10)","section_b":"47(1)-(2)","confidence":0.8,"description":"Section 3A excludes Part 2.5 of the Criminal Code (corporate criminal responsibility) from applying to offences under this Act, confirmed by s.47(10). Yet s.47(1)-(2) creates a bespoke regime for attributing corporate criminal liability that mirrors Part 2.5 of the Criminal Code almost exactly. The Act simultaneously excludes the Criminal Code's corporate liability regime and enacts a substantively identical one, creating redundancy and potential interpretive conflict about which regime governs edge cases."},{"severity":"medium","section_a":"6(3)","section_b":"38(1)","confidence":0.75,"description":"Section 38(1) mandates that money held by the Institute be applied only for specific authorised purposes. Section 6(3) provides that trust money 'shall be dealt with in accordance with the powers and duties of the Institute as trustee' 'in spite of anything contained in this Act'. Trust law obligations (e.g. investing for beneficiaries, distributing to beneficiaries) may require the Institute to apply money in ways not covered by s.38(1)(a)-(c), creating a direct conflict between the trust override and the exhaustive application-of-money regime."},{"severity":"low","section_a":"21(2)","section_b":"17(1)","confidence":0.72,"description":"Section 21(2) mandates that the Minister must terminate a Councillor's membership if absent from 3 consecutive meetings 'except on leave granted under section 17'. Section 17(1) allows the Minister to grant leave on terms the Minister 'determines in writing', which is entirely at the Minister's discretion. This means the Minister can effectively immunise any Councillor from mandatory termination by retrospectively granting leave, undermining the mandatory nature of s.21(2)."},{"severity":"low","section_a":"13","section_b":"24(3)","confidence":0.65,"description":"Section 13 gives the Council responsibility to 'determine the policy of the Institute with respect to any matter' (unlimited). Section 24(3) requires the CEO to act in accordance with Council directions 'given by the Council in writing'. The Council's policy-making power is unlimited in scope but the CEO's obligation to follow it is conditioned on written form. Oral Council policy determinations would bind the Council under s.13 but arguably not the CEO under s.24(3), creating a gap in governance authority."},{"severity":"medium","section_a":"29(1)","section_b":"64(1)(b)","confidence":0.85,"description":"Section 29(1) requires staff to be engaged under the Public Service Act 1999, while section 64(1)(b) (a transitional provision) refers to persons 'employed under the Public Service Act 1922'. These reference different and incompatible statutes—the 1922 Act having been repealed—creating an internal inconsistency about the legal basis of employment for transitional staff whose superannuation continuity is being protected."}]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1989 Act replaced the narrower 'Australian Institute of Aboriginal Studies' (which focused on Aboriginal Australians only) with a broader body explicitly encompassing Torres Strait Islander peoples and their culture. Over time, amendments expanded the functions beyond research to include collection management, ethical leadership, cross-sector partnerships, and formal advisory roles to government. The governance structure was also updated to incorporate modern public sector accountability frameworks (notably the Public Governance, Performance and Accountability Act 2013) and to strengthen mandatory Indigenous representation requirements on the Council."},"complexity_factors":["Multiple layers of governance (Institute members, Council, CEO, Minister) with different appointment, election, and removal mechanisms that interact with each other","Cross-references to multiple other Acts including the Public Governance, Performance and Accountability Act 2013, the Criminal Code, the Remuneration Tribunal Act, and the Aboriginal and Torres Strait Islander Act 2005","Dual councillor categories (elected vs appointed) with different rules for each, plus specific Indigenous representation quotas that must be maintained across both categories simultaneously","Corporate criminal liability provisions (section 47) with nuanced rules about attributing employees' and agents' conduct and mental states to the organisation","Transitional provisions dealing with the replacement of the old Australian Institute of Aboriginal Studies, including transfer of assets, liabilities, contracts, and superannuation continuity","Interaction between Institute rules (not legislative instruments) and regulations (which are legislative instruments), creating a two-tier rule-making system","Information protection provisions based on the subjective cultural sensitivities of Indigenous communities, which are inherently difficult to define with precision"],"plain_english_summary":"## What This Law Does\n\nThis Act creates and governs the **Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)** — a national body that collects, preserves, and promotes Aboriginal and Torres Strait Islander culture and heritage.\n\n## Who Is AIATSIS and What Does It Do?\n\nAIATSIS is a government-funded organisation (a **body corporate** — meaning it's a legally recognised entity that can own property, sign contracts, and go to court). Its main jobs are to:\n\n- **Build and maintain a national collection** of Aboriginal and Torres Strait Islander cultural materials\n- **Promote knowledge and understanding** of Indigenous culture and heritage\n- **Lead research** and set ethical standards for how research involving Indigenous peoples and their collections should be conducted\n- **Advise the federal government** on the state of Aboriginal and Torres Strait Islander culture and heritage\n- **Partner with** universities, businesses, governments, and Indigenous communities\n\n## Who Runs It?\n\nAIATSIS is run by a **Council** (like a board of directors) of 9 members:\n- **4 elected** by the Institute's own membership (at least 2 must be Aboriginal or Torres Strait Islander people)\n- **5 appointed** by the Minister (must have skills in areas like conservation, finance, law, or research)\n\nImportantly, the law requires that **at least 5 of the 9 Council members must be Aboriginal or Torres Strait Islander people**, and **at least 1 must be a Torres Strait Islander specifically**. This ensures Indigenous voices lead the organisation.\n\nCouncillors serve part-time for up to 4 years, and cannot serve more than 2 consecutive terms before taking a break.\n\nA **Chief Executive Officer (CEO)** handles day-to-day management and is appointed by the Council.\n\n## Who Can Be a Member of AIATSIS?\n\nAnyone with a **demonstrated interest in Aboriginal and Torres Strait Islander culture and heritage** can apply to become a member. Membership lasts 5 years and can be renewed. However, membership itself doesn't give you any special powers — it mainly makes you eligible to vote for elected Councillors.\n\n## Protecting Sensitive Cultural Information\n\nThe law has a specific and important rule: **AIATSIS cannot share information if doing so would be inconsistent with the views or sensitivities of relevant Aboriginal or Torres Strait Islander people.** This means Indigenous cultural knowledge held by AIATSIS is protected from inappropriate disclosure.\n\n## Money and Tax\n\nAIATSIS receives funding from Parliament and is **completely exempt from taxation** (Commonwealth, State, and Territory). It can also accept gifts, grants, and bequests.\n\n## How Does This Affect You?\n\n- **Aboriginal and Torres Strait Islander Australians:** Your cultural heritage is being actively preserved and protected, with Indigenous people guaranteed majority representation on the governing body. Your community's sensitivities about what can be shared are legally protected.\n- **Researchers and academics:** AIATSIS sets the ethical standards for research involving Indigenous peoples and collections — you need to engage with those standards.\n- **General public:** You can access the national collection and benefit from AIATSIS's educational and research work.\n- **Donors:** You can donate money or property to AIATSIS, including through wills (called **bequests**)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989","history":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989/history","analysis":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989/analysis","conflicts":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989/conflicts","importantCases":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989/important-cases","documents":"/api/acts/australian-institute-of-aboriginal-and-torres-strait-islander-studies-act-1989/documents"}}