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Thursday, 31 August 1989
Page: 747


Senator TATE (Minister for Justice)(9.39) —by leave-I move:

(1) Page 16, clause 50, lines 5 to 10, leave out the clause, insert the following clause:

Interim Council

``50. (1) This section applies in spite of anything in Part 5.

``(2) The persons who, immediately before the commencement, were members of the Council of the old Institute hold office as members of the Council of the new Institute during the transitional period.

``(3) Appointments of persons to the Council made under paragraphs 12 (1) (b) and (c) during the transitional period take effect at the end of the transitional period.

``(4) If, immediately after the transitional period, not all positions on the Council have been filled, then, until persons have been appointed to all positions on the Council, the quorum at a meeting of the Council is constituted by a majority of the number of members of the Council holding office on the day of the meeting.

``(5) In this section:

`transitional period' means the period starting at the commencement and ending:

(a) 3 months later; or

(b) when the results of the first elections held under paragraph 12 (1) (a) are declared;

whichever is earlier.''.

(2) Page 17, after clause 54 insert the following new clause:

Research Advisory Committee

``54a. (1) A member of the Research Advisory Committee appointed under paragraph 31 (1) (a) during the transitional period ceases to hold office as a member of the Research Advisory Committee at the end of the transitional period.

``(2) Until persons have been appointed or elected to all the positions on the Research Advisory Committee covered by paragraphs 31 (1) (a) and (b), the quorum at a meeting of the Research Advisory Committee is constituted by a majority of the number of members of the Research Advisory Committee holding office on the day of the meeting.

``(3) In this section:

`transitional period' has the same meaning as it has in section 50.''.

(3) Page 19, after clause 60 insert the following new clause:

Operation of Superannuation Benefit (Interim Arrangement) Act

``60a. (1) The Superannuation Act and any related law apply in relation to any person who:

(a) before the commencement was employed by the old Institute; and

(b) after the commencement, is employed under the Public Service Act 1922 in the new Institute;

as if:

(c) the person's employer was in each case the same body; and

(d) the continuity of the person's employment had not been affected by the abolition of the old Institute and the establishment of the new Institute.

``(2) in this section:

`related law' means any law of the Commonwealth, to the extent that it relates to the superannuation benefits covered by the Superannuation Act;

`Superannuation Act' means the Superannuation Benefit (Interim Arrangement) Act 1988.''.

These amendments are required to streamline the arrangements which will apply in the transition from the Australian Institute of Aboriginal Studies to the Australian Institute of Aboriginal and Torres Strait Islander Studies established by this Bill. The ramifications of the changes to the staffing arrangements for superannuation entitlements are also dealt with in the proposed new clause. The explanatory memorandum, I think, indicates the very technical nature of the amendments proposed. Rather than bore the Committee by repeating the content of the explanatory memorandum, I commend the amendment to the chamber.