Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Multicultural Bill 2018
No. , 2018
(Senator Di Natale)
A Bill for an Act to establish the Australian
Multicultural Commission, and for related
purposes
No. , 2018
Australian Multicultural Bill 2018
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Objects of this Act ............................................................................. 3
5
Simplified outline of this Act ............................................................ 4
Part 2--Application of this Act
6
6
Act applies throughout Australia ....................................................... 6
7
Alternative constitutional basis .......................................................... 6
8
Interaction with State and Territory laws........................................... 7
9
Extent to which Act binds the Crown ................................................ 7
Part 3--Australia's multicultural policy
8
10
Australia's multicultural policy ......................................................... 8
Part 4--Implementation of Australia's multicultural policy
9
Division 1--Application of Australia's multicultural policy
9
11
Commonwealth entities to recognise, promote and comply
with Australia's multicultural policy ................................................. 9
12
Multicultural policy application orders for corporate
Commonwealth entities and Commonwealth companies .................. 9
Division 2--Reporting
11
13
Annual reporting by Commonwealth entities .................................. 11
14
Annual reporting by Commonwealth companies ............................. 12
Part 5--Australian Multicultural Commission
13
Division 1--Establishment and functions
13
15
Australian Multicultural Commission ............................................. 13
16
Functions of the Commission .......................................................... 13
17
General powers of the Commission ................................................. 14
18
General policy guidelines for the Commission ................................ 14
19
Flexibility and range of working methods in performance of
Commission's functions .................................................................. 15
Division 2--Constitution and operation
16
20
Members of the Commission ........................................................... 16
21
Validity of decisions ........................................................................ 17
22
Chair of the Commission ................................................................. 17
23
Staff of the Commission .................................................................. 17
ii
Australian Multicultural Bill 2018
No. , 2018
24
Deputy Chair of the Commission .................................................... 18
25
Acting Chair of the Commission ..................................................... 18
26
When the Commission is to meet .................................................... 18
27
Procedure at meetings ...................................................................... 18
Division 3--Inquiries
20
28
Matters in relation to which the Commission may conduct
inquiries ........................................................................................... 20
29
Commission not to inquire into conduct of intelligence
agencies ........................................................................................... 20
30
Main purpose of inquiry is to make recommendations .................... 20
31
Initiating inquiries ........................................................................... 21
32
Commission's general discretion as to how to conduct
inquiries ........................................................................................... 21
33
Commission to report to Minister on inquiry................................... 21
34
Minister to table report on inquiry in Parliament ............................. 22
Part 6--Miscellaneous
23
35
Delegation ....................................................................................... 23
36
Annual report ................................................................................... 23
37
Legislative rules .............................................................................. 23
No. , 2018
Australian Multicultural Bill 2018
1
A Bill for an Act to establish the Australian
1
Multicultural Commission, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Australian Multicultural Act 2018.
8
Part 1 Preliminary
Section 2
2
Australian Multicultural Bill 2018
No. , 2018
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Sections 3 to
37
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) the day after the Consolidated Revenue
Fund is appropriated to fund the
establishment of the Australian
Multicultural Commission.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
accountable authority has the same meaning as in the PGPA Act.
15
Australia's multicultural policy: see section 10.
16
Commission means the body corporate established under
17
section 15 under the name Australian Multicultural Commission.
18
Preliminary Part 1
Section 4
No. , 2018
Australian Multicultural Bill 2018
3
Commonwealth company has the same meaning as in the PGPA
1
Act.
2
Commonwealth conduct means:
3
(a) conduct engaged in by or on behalf of any of the following:
4
(i) the Commonwealth;
5
(ii) a Commonwealth entity;
6
(iii) the Government of a Territory;
7
(iv) a Territory authority; or
8
(b) conduct engaged in in accordance with a Commonwealth law
9
or a Territory law; or
10
(c) conduct engaged in within a Territory.
11
Commonwealth entity has the same meaning as in the PGPA Act.
12
corporate Commonwealth entity has the same meaning as in the
13
PGPA Act.
14
inquiry means an inquiry under Division 3 of Part 5.
15
intelligence agency has the same meaning as in the
16
Inspector-General of Intelligence and Security Act 1986.
17
law means any of the following (or a provision of any of the
18
following):
19
(a) an Act;
20
(b) regulations, or any other instrument, made under an Act;
21
(c) any other legislation that applies as a law of the
22
Commonwealth, a State or a Territory because of an Act, or
23
because of regulations or an instrument referred to in
24
paragraph (b).
25
multicultural policy application order: see subsection 12(1).
26
PGPA Act means the Public Governance, Performance and
27
Accountability Act 2013.
28
4 Objects of this Act
29
The objects of this Act are as follows:
30
Part 1 Preliminary
Section 5
4
Australian Multicultural Bill 2018
No. , 2018
(a) to promote full participation by Australia's diverse
1
communities in the social, cultural, economic and political
2
life of Australia;
3
(b) to promote access by Australia's diverse communities to
4
services made available by governments and other bodies;
5
(c) to encourage all of Australia's diverse communities to retain
6
and express their social identity and cultural inheritance and
7
to promote mutual respect;
8
(d) to promote cooperation between bodies concerned with
9
multicultural affairs and diversity;
10
(e) to promote unity, understanding and harmony among
11
Australia's diverse communities;
12
(f) to promote a better understanding of Australia's diverse
13
communities;
14
(g) to promote the social, cultural and economic benefits of
15
diversity;
16
(h) to promote community service as a principle that builds a
17
stronger society.
18
5 Simplified outline of this Act
19
This Act enshrines the principles of multiculturalism and diversity,
20
establishes the Australian Multicultural Commission and outlines
21
annual reporting requirements for Commonwealth entities.
22
Part 2 of the Act provides for how the Act will apply in Australia
23
and for the constitutional basis of the Act.
24
Australia's multicultural policy is set out in Part 3 of the Act. This
25
Act provides a legislative basis for that policy.
26
Part 4 of the Act requires Commonwealth entities to give effect to
27
Australia's multicultural policy and makes provision for the
28
Minister to direct corporate Commonwealth entities and
29
Commonwealth companies to apply aspects of Australia's
30
multicultural policy. This Part also contains reporting requirements
31
to ensure transparency.
32
Preliminary Part 1
Section 5
No. , 2018
Australian Multicultural Bill 2018
5
Part 5 of the Act provides for the establishment and operation of
1
the Australian Multicultural Commission. The Commission may
2
conduct inquires on its own initiative or at the request of the
3
Minister and report the outcomes of those inquiries to the Minister.
4
The Minister must table the reports in both Houses of Parliament,
5
and publish the reports.
6
Part 6 of the Act provides for miscellaneous matters.
7
Part 2 Application of this Act
Section 6
6
Australian Multicultural Bill 2018
No. , 2018
Part 2--Application of this Act
1
2
6 Act applies throughout Australia
3
(1) This Act applies throughout Australia.
4
(2) This Act applies to conduct engaged in in Australia, even if the
5
conduct involves persons or things, or matters arising, outside
6
Australia.
7
7 Alternative constitutional basis
8
(1) Without limiting its effect apart from this section, this Act also has
9
effect as provided by this section.
10
(2) This Act has effect to the extent that it:
11
(a) gives effect to the human rights instruments; or
12
(b) relates to matters of international concern.
13
(3) For the purposes of subsection (2), the human rights instruments
14
are the following:
15
(a) the International Convention on the Elimination of All Forms
16
of Racial Discrimination done at New York on 21 December
17
1965 ([1975] ATS 40);
18
(b) the International Covenant on Economic, Social and Cultural
19
Rights done at New York on 16 December 1966 ([1976] ATS
20
5);
21
(c) the International Covenant on Civil and Political Rights done
22
at New York on 16 December 1966 ([1980] ATS 23).
23
(4) This Act also has the effect it would have if each reference in this
24
Act to a corporate Commonwealth entity, a Commonwealth
25
company or a subsidiary were limited so that it applies only if the
26
entity, company or subsidiary is a corporation to which
27
paragraph 51(xx) of the Constitution applies.
28
Application of this Act Part 2
Section 8
No. , 2018
Australian Multicultural Bill 2018
7
8 Interaction with State and Territory laws
1
This Act is not intended to exclude or limit the operation of a law
2
of a State or Territory that is capable of operating concurrently
3
with this Act.
4
9 Extent to which Act binds the Crown
5
This Act binds the Crown in right of the Commonwealth but,
6
except as otherwise expressly provided by this Act, does not bind
7
the Crown in right of a State.
8
Part 3 Australia's multicultural policy
Section 10
8
Australian Multicultural Bill 2018
No. , 2018
Part 3--Australia's multicultural policy
1
2
10 Australia's multicultural policy
3
(1) This Part sets out Australia's multicultural policy.
4
(2) It is the policy of the Australian government:
5
(a) to recognise the first nation's people and that Australia has
6
been a proudly multicultural country since before British
7
arrival; and
8
(b) to recognise that Australians come from diverse cultural
9
backgrounds and that multiculturalism is a fundamental
10
aspect of Australian heritage; and
11
(c) to protect the equal treatment of individuals under the law,
12
while respecting the cultural, linguistic and religious
13
diversity of those individuals; and
14
(d) to foster an appreciation of diverse cultures and to advance
15
community harmony in Australia by demonstrating a national
16
commitment to the value of diversity; and
17
(e) to encourage and assist the institutions of Australia to be
18
inclusive of our multicultural community; and
19
(f) to ensure that all Australians are equally entitled to
20
participate and contribute to the social, cultural, economic
21
and political life of Australia; and
22
(g) to ensure that all Australians are able to confidently access
23
Government funded services.
24
Implementation of Australia's multicultural policy Part 4
Application of Australia's multicultural policy Division 1
Section 11
No. , 2018
Australian Multicultural Bill 2018
9
Part 4--Implementation of Australia's
1
multicultural policy
2
Division 1--Application of Australia's multicultural policy
3
11 Commonwealth entities to recognise, promote and comply with
4
Australia's multicultural policy
5
The accountable authority of a Commonwealth entity must govern
6
the entity in a way that:
7
(a) recognises Australia's multicultural policy; and
8
(b) promotes the achievement of Australia's multicultural policy;
9
and
10
(c) ensures that the Commonwealth entity complies with
11
Australia's multicultural policy in performing its functions
12
and exercising its duties and powers, including in relation to:
13
(i) the provision of government services; and
14
(ii) the development and implementation of government
15
policies.
16
12 Multicultural policy application orders for corporate
17
Commonwealth entities and Commonwealth companies
18
(1) The Minister may make an order (a multicultural policy
19
application order) that specifies how Australia's multicultural
20
policy is to apply in relation to one or more corporate
21
Commonwealth entities or Commonwealth companies.
22
(2) Before making a multicultural policy application order that applies
23
in relation to an entity or company, the Minister must consult with
24
the entity or company on the application of the policy.
25
(3) The accountable authority of a corporate Commonwealth entity, or
26
a director of a Commonwealth company (as the case may be), must
27
ensure that a multicultural policy application order that applies to
28
the entity or company is complied with:
29
(a) in relation to the entity or company; and
30
Part 4 Implementation of Australia's multicultural policy
Division 1 Application of Australia's multicultural policy
Section 12
10
Australian Multicultural Bill 2018
No. , 2018
(b) in relation to any subsidiary of the entity or company, so far
1
as practicable.
2
(4) A multicultural policy application order is a legislative instrument.
3
Implementation of Australia's multicultural policy Part 4
Reporting Division 2
Section 13
No. , 2018
Australian Multicultural Bill 2018
11
Division 2--Reporting
1
13 Annual reporting by Commonwealth entities
2
(1) The annual report prepared by a Commonwealth entity and given
3
to the Minister under section 46 of the PGPA Act for a period must
4
include the following:
5
(a) a summary of actions undertaken by the entity during that
6
period to promote the achievement of Australia's
7
multicultural policy;
8
(b) particulars of any occasion or circumstance during the period
9
in which the entity:
10
(i) failed to comply with Australia's multicultural policy in
11
performing its functions or exercising its duties and
12
powers; or
13
(ii) if a multicultural policy application order applied to the
14
entity during the period--failed to comply with the
15
order;
16
(c) the use of interpreting and translating services by the entity
17
during the period;
18
(d) communications in languages other than English made by the
19
entity during the period;
20
(e) the extent to which people from diverse backgrounds were
21
represented during the period on boards and committees
22
established by the entity or for which the entity was
23
administratively responsible;
24
(f) the collection of statistical data during the period to enable
25
the development of policies, programs and practices sensitive
26
and responsive to the multicultural character of Australia.
27
(2) For the purposes of paragraph (1)(e), a person has a diverse
28
background if at least one parent of the person was born overseas.
29
Part 4 Implementation of Australia's multicultural policy
Division 2 Reporting
Section 14
12
Australian Multicultural Bill 2018
No. , 2018
14 Annual reporting by Commonwealth companies
1
The annual report prepared by a Commonwealth company and
2
given to the Minister under section 97 of the PGPA Act for a
3
period must include the following:
4
(a) whether any multicultural policy application orders applied to
5
the company during the period;
6
(b) if a multicultural policy application order applied to the
7
company during the period--particulars of any occasion or
8
circumstance during the period in which the company failed
9
to comply with the order.
10
Australian Multicultural Commission Part 5
Establishment and functions Division 1
Section 15
No. , 2018
Australian Multicultural Bill 2018
13
Part 5--Australian Multicultural Commission
1
Division 1--Establishment and functions
2
15 Australian Multicultural Commission
3
(1) The Australian Multicultural Commission is established.
4
(2) For the purposes of the finance law (within the meaning of the
5
PGPA Act):
6
(a) the Commission is a listed entity; and
7
(b) the Chair is the accountable authority of the Commission;
8
and
9
(c) the following persons are officials of the Commission:
10
(i) the Chair;
11
(ii) the other members;
12
(iii) the staff of the Commission referred to in section 23;
13
and
14
(d) the purposes of the Commission include the functions of the
15
Commission referred to in section 16.
16
16 Functions of the Commission
17
(1) The functions of the Commission are:
18
(a) to ensure that the objects of this Act are met to the maximum
19
extent that is practicable; and
20
(b) to provide a single coordination point for providing
21
integrated responses to the government to issues associated
22
with cultural diversity; and
23
(c) to research, report on and advise the Minister on systemic
24
community issues relating to the objectives of the
25
Commission:
26
(i) that are identified through community consultation; or
27
(ii) that relate to the adequacy of government services,
28
support or service delivery for diverse communities; and
29
Part 5 Australian Multicultural Commission
Division 1 Establishment and functions
Section 17
14
Australian Multicultural Bill 2018
No. , 2018
(d) to investigate, report and make recommendations to the
1
Minister on any matter referred to it by the Minister; and
2
(e) to advise the Minister on factors inhibiting the development
3
of harmonious community relations and on barriers to the
4
participation of Australia's diverse communities in the social,
5
cultural, economic and political life of Australia; and
6
(f) to advise, and make recommendations to, the Australian
7
Human Rights Commission on matters relating to
8
discrimination and racial vilification, and to refer matters
9
relating to discrimination and racial vilification to that
10
Commission; and
11
(g) to undertake systematic and wide-ranging consultation with
12
bodies and people to:
13
(i) determine the needs of Australia's diverse communities;
14
and
15
(ii) promote the objectives of the Commission; and
16
(h) to develop and maintain partnerships between community
17
organisations which provide assistance, support and service
18
delivery for diverse communities; and
19
(i) to develop and maintain harmonious community relations
20
between all relevant groups in the context of Australia's
21
diverse communities; and
22
(j) to perform any other function conferred on it by this Act; and
23
(k) to do anything incidental to any of the preceding functions.
24
17 General powers of the Commission
25
(1) The Commission has power to do everything necessary or
26
convenient to be done for, or in connection with, the performance
27
of its functions.
28
(2) The Chair may enter into contracts or agreements on behalf of the
29
Commission for, or in connection with, carrying out the objectives
30
or performing the functions of the Commission.
31
18 General policy guidelines for the Commission
32
(1) In performing its functions, the Commission must have regard to
33
the need:
34
Australian Multicultural Commission Part 5
Establishment and functions Division 1
Section 19
No. , 2018
Australian Multicultural Bill 2018
15
(a) to promote Australia's multicultural policy; and
1
(b) for Australia to meet its international obligations and
2
commitments that are in respect of, or that relate to,
3
multiculturalism.
4
(2) In performing its functions, the Commission must also have regard
5
to any other matters notified to it in writing by the Minister.
6
19 Flexibility and range of working methods in performance of
7
Commission's functions
8
In performing its functions, the Commission:
9
(a) is not required to act in a formal manner; and
10
(b) may inform itself on any matter in any way it thinks fit; and
11
(c) may consult with anyone it thinks fit; and
12
(d) may receive written or oral information or submissions; and
13
(e) may hold public seminars, conduct workshops and establish
14
working groups and task forces.
15
Part 5 Australian Multicultural Commission
Division 2 Constitution and operation
Section 20
16
Australian Multicultural Bill 2018
No. , 2018
Division 2--Constitution and operation
1
20 Members of the Commission
2
(1) The Commission consists of:
3
(a) a Chair; and
4
(b) a Deputy Chair; and
5
(c) a member who is a youth representative, being a person who
6
is aged at least 18 years but no more than 24 years at the time
7
of his or her appointment; and
8
(d) a member who is a representative of a community
9
organisation; and
10
(e) eight other members.
11
(2) Members are to be appointed by the Governor-General on the
12
recommendation of the Minister.
13
(3) In recommending a person for appointment as a member, the
14
Minister must have regard to the desirability of having people of
15
diverse backgrounds on the Commission, as well as people of
16
different occupational and social backgrounds, including people
17
who normally reside in different parts of Australia.
18
(4) The following persons may not be recommended for appointment
19
as a member:
20
(a) a member of a Parliament of Australia or of a State or
21
Territory;
22
(b) a Councillor;
23
(c) an electorate officer;
24
(d) a Ministerial officer;
25
(e) a Parliamentary adviser.
26
(5) A member of the Commission:
27
(a) holds office for the term, not exceeding 4 years, that is
28
specified in his or her instrument of appointment; and
29
(b) must be appointed on a part-time basis unless appointed as
30
the Chair; and
31
Australian Multicultural Commission Part 5
Constitution and operation Division 2
Section 21
No. , 2018
Australian Multicultural Bill 2018
17
(c) is eligible for re-appointment to a second or third term; and
1
(d) may be removed from office at any time by the
2
Governor-General on the recommendation of the Minister.
3
(6) A member:
4
(a) holds office on the terms and conditions specified in his or
5
her instrument of appointment; and
6
(b) may resign from office by delivering a signed letter of
7
resignation to the Minister.
8
(7) The office of a member becomes vacant if he or she fails, without
9
giving prior notice to the Chair, to attend 3 consecutive meetings of
10
the Commission of which he or she has received notice.
11
21 Validity of decisions
12
An act or decision of the Commission is not invalid merely
13
because of:
14
(a) a defect or irregularity in, or in connection with, the
15
appointment of a member of the Commission; or
16
(b) a vacancy in the membership of the Commission.
17
22 Chair of the Commission
18
(1) The Governor-General, on the recommendation of the Minister,
19
must appoint one of the members of the Commission to be the
20
Chair of the Commission.
21
(2) The Governor-General must appoint the Chair to act on a full-time
22
basis.
23
(3) The Chair must not directly or indirectly engage in any other paid
24
employment or carry on a business, profession or trade without the
25
consent of the Minister.
26
23 Staff of the Commission
27
(1) The staff necessary to assist the Commission shall be persons
28
engaged under the Public Service Act 1999.
29
Part 5 Australian Multicultural Commission
Division 2 Constitution and operation
Section 24
18
Australian Multicultural Bill 2018
No. , 2018
(2) For the purposes of the Public Service Act 1999:
1
(a) the Chair and the APS employees assisting the Chair together
2
constitute a Statutory Agency; and
3
(b) the Chair is the head of that Statutory Agency.
4
24 Deputy Chair of the Commission
5
The Governor-General, on the recommendation of the Minister,
6
must appoint one of the members of the Commission to be the
7
Deputy Chair of the Commission.
8
25 Acting Chair of the Commission
9
(1) The Minister may appoint a member of the Commission to act as
10
the Chair during a vacancy in the office of the Chair.
11
(2) An Acting Chair is appointed for the period, not exceeding 3
12
months, specified in his or her instrument of appointment as the
13
Acting Chair.
14
(3) An Acting Chair is subject to the terms and conditions specified in
15
his or her instrument of appointment as the Acting Chair.
16
26 When the Commission is to meet
17
(1) The Chair must ensure that there are at least 6 meetings of the
18
Commission each year.
19
(2) The dates of meeting are to be determined by the Chair.
20
(3) If more than half of the members of the Commission request in
21
writing for a meeting to be held on a particular date, the Chair must
22
organise a meeting to be held on that date. The meeting must be
23
organised at least 3 days prior to that date.
24
27 Procedure at meetings
25
(1) The Chair or, in his or her absence, the Deputy Chair or, in the
26
absence of both the Chair and Deputy Chair, a member of the
27
Commission elected by the members present at the meeting, must
28
preside at a meeting of the Commission.
29
Australian Multicultural Commission Part 5
Constitution and operation Division 2
Section 27
No. , 2018
Australian Multicultural Bill 2018
19
(2) The quorum for a meeting of the Commission is half of the
1
members for the time being.
2
(3) A question arising at a meeting of the Commission is determined
3
by a majority of the votes of the members present and voting on
4
the question.
5
(4) The person presiding at a meeting has a deliberative vote and, in
6
the event of an equal number of votes on any question, a second or
7
casting vote.
8
(5) The person presiding at a meeting must ensure that the decisions
9
made at the meeting are recorded in writing.
10
(6) The Chair must ensure that a copy of any such decisions are given
11
to the Minister within 14 days after the meeting.
12
(7) Subject to this Act, the Commission may regulate its own
13
procedure.
14
Part 5 Australian Multicultural Commission
Division 3 Inquiries
Section 28
20
Australian Multicultural Bill 2018
No. , 2018
Division 3--Inquiries
1
28 Matters in relation to which the Commission may conduct
2
inquiries
3
The Commission may conduct inquiries into any of the following:
4
(a) whether Commonwealth conduct is contrary to Australia's
5
multicultural policy;
6
(b) the laws that should be made by the Commonwealth
7
Parliament:
8
(i) in relation to a matter covered by the objects of this Act;
9
or
10
(ii) to better promote Australia's multicultural policy;
11
(c) any action that should be taken by the Commonwealth, or by
12
the Government of a Territory:
13
(i) in relation to a matter covered by the objects of this Act;
14
or
15
(ii) to better promote Australia's multicultural policy;
16
(d) any other action that should be taken by Australia to better
17
comply with Australia's multicultural policy.
18
29 Commission not to inquire into conduct of intelligence agencies
19
The Commission must not conduct an inquiry into conduct:
20
(a) engaged in by an intelligence agency; or
21
(b) that is otherwise related to the activities of an intelligence
22
agency.
23
30 Main purpose of inquiry is to make recommendations
24
The main purpose of an inquiry is for the Commission:
25
(a) to consider whether any recommendations should be made in
26
relation to the matter that is the subject of the inquiry; and
27
(b) if the Commission considers that recommendations should be
28
made--to include those recommendations in a report to the
29
Minister under section 33.
30
Australian Multicultural Commission Part 5
Inquiries Division 3
Section 31
No. , 2018
Australian Multicultural Bill 2018
21
31 Initiating inquiries
1
Commission may initiate inquiries
2
(1) The Commission may, on its own initiative, conduct an inquiry
3
into a particular matter covered by section 28 if the Commission
4
considers that conducting the inquiry:
5
(a) will or may advance the objects of this Act; and
6
(b) is in the public interest.
7
Minister may initiate inquiries
8
(2) The Minister may, in writing, request the Commission to conduct
9
an inquiry into a particular matter covered by section 28 if the
10
Minister considers that conducting the inquiry:
11
(a) will or may advance the objects of this Act; and
12
(b) is in the public interest.
13
The Commission must comply with the request.
14
(3) A request under subsection (2) is not a legislative instrument.
15
32 Commission's general discretion as to how to conduct inquiries
16
(1) The Commission may conduct an inquiry in any way that the
17
Commission considers appropriate.
18
(2) The Commission is not bound by rules of evidence when
19
conducting an inquiry.
20
33 Commission to report to Minister on inquiry
21
(1) As soon as practicable after completing an inquiry, the
22
Commission must give the Minister a written report on the inquiry.
23
(2) Without limiting the generality of subsection (1), the report must
24
include any recommendations that the Commission considers
25
should be made in relation to the matter that was the subject of the
26
inquiry.
27
Part 5 Australian Multicultural Commission
Division 3 Inquiries
Section 34
22
Australian Multicultural Bill 2018
No. , 2018
34 Minister to table report on inquiry in Parliament
1
(1) As soon as practicable after receiving a written report on an
2
inquiry, the Minister must table the report in each House of
3
Parliament.
4
(2) Within 60 days of receiving the report, the Minister must publish
5
the report on the internet.
6
Miscellaneous Part 6
Section 35
No. , 2018
Australian Multicultural Bill 2018
23
Part 6--Miscellaneous
1
2
35 Delegation
3
The Commission may, by instrument, delegate to a member or to 2
4
or more members any of its powers in relation to--
5
(a) an inquiry initiated by the Commission under
6
subsection 31(1); or
7
(b) an inquiry to be conducted in respect of a matter referred to
8
the Commission for inquiry by the Minister under
9
subsection 31(2).
10
36 Annual report
11
The annual report prepared by the Chair and given to the Minister
12
under section 46 of the PGPA Act for a period must:
13
(a) if the Commission has decided, during the period, to conduct
14
an inquiry about a matter--include prescribed particulars
15
about the matter; and
16
(b) if the Minister has requested the Commission, during the
17
period, to conduct an inquiry about the matter--include
18
prescribed particulars about the matter; and
19
(c) include the names of the recipients of any grants made by the
20
Commission during the period.
21
37 Legislative rules
22
(1) The Minister may, by legislative instrument, make rules
23
(legislative rules) prescribing matters:
24
(a) required or permitted by this Act to be prescribed by the
25
legislative rules; or
26
(b) necessary or convenient to be prescribed for carrying out or
27
giving effect to this Act.
28
(2) To avoid doubt, the legislative rules may not do the following:
29
(a) create an offence or civil penalty;
30
Part 6 Miscellaneous
Section 37
24
Australian Multicultural Bill 2018
No. , 2018
(b) provide powers of:
1
(i) arrest or detention; or
2
(ii) entry, search or seizure;
3
(c) impose a tax;
4
(d) set an amount to be appropriated from the Consolidated
5
Revenue Fund under an appropriation in this Act;
6
(e) directly amend the text of this Act.
7