Since 5 March 1990, the Institute operates under the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 (No 149 of 1989, assented to on 27 November 1989). The former Australian Institute of Aboriginal Studies Act was repealed under the 1989 Act (Section 51).
 
The responsible Minister during 1989-1990 was the Minister for Aboriginal Affairs: until 3 April 1990 the Honourable Gerry Hand MHR; and from 4 April 1990 the Honourable Robert Tickner MHR.
 
FUNCTIONS
The functions of the Institute are set out in Part 3, Section 5 of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989, as follows:
 
 (a) to undertake and promote Aboriginal and Torres Strait Islander
     Studies;
 (b) to publish the results of Aboriginal and Torres Strait Islander
     Studies and to assist in the publication of the results of such
     studies;
 (c) to conduct research in fields relevant to Aboriginal and Torres
     Strait Islander Studies and to encourage other persons or bodies
     to conduct such research;
 (d) to assist in training persons, particularly Aboriginal persons
     and Torres Strait Islanders, as research workers in fields
     relevant to Aboriginal and Torres Strait Islander Studies;
 (e) to establish and maintain a cultural resource collection of
     materials relating to Aboriginal and Torres Strait Islander
     Studies;
 (f) to encourage understanding, in the general community, of
     Aboriginal and Torres Strait Islander societies;
 (g) such other functions as are conferred on the Institute by this
     Act; and
 (h) to do anything else that is incidential or conducive to the
     performance of any of the preceding functions.
 
POWERS AND GOVERNANCE
Section 6 of the Act grants the Institute 'power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions'.
 
Responsibility for performance of the functions and determination of the policy of the Institute is vested in a Council of nine persons (Section 12), namely:
 
 (a) four persons elected by the members of the Institute in
     accordance with the Institute rules, being persons who are
     themselves members of the Institute;
 (b) one person appointed by the Minister, being a person who is a
     Torres Strait Islander and whose appointment has been
     recommended by the Advisory Board;
 (c) four other persons appointed by the Minister, being persons who
     are Aboriginal persons or Torres Strait Islanders.
 
A Chairperson and a Deputy Chairperson of the Council are to be appointed from among the Councillors by the Minister.
 
RESEARCH ADVISORY COMMITTEE
There is a Research Advisory Committee consisting of the following members:

 (a) three members of the Council appointed by the Council;
 (b) eight members of the Institute elected by the members of the
     Institute in accordance with the Institute rules; and
 (c) the Principal.
 
The Research Advisory Committee has the following functions:

 (a) to access applications for research grants made to the Institute
     and to make recommendations to the Council in relation to such
     applications;
 (b) to advise the Council in relation to research matters; and
 (c) to advise the Council in relation to applications for membership
     of the Institute.
 
The Council of the Australian Institute of Aboriginal and Torres Strait Islander Studies from 1 May 1990 was as follows:

 Elected:    Mr K Colbung, AM, MBE
             Ms M Langton
             Dr N Peterson
             Prof R Tonkinson
 
 Appointed:  (five vacancies)
 
The newly elected Australian Institute of Aboriginal and Torres Strait Islander Studies Council met on 7 June 1990. Under the 1989 Act, the Institute has a single class of membership. At 30 June 1990 there were some 650 members. There is no upper limit to the number of members.  

Under the Administrative Arrangements Order of 24 March 1993, and amended on 1 April 1993, the Institute transferred first to the control of the Department of Arts and Administrative Services (CA 7663), and then on 1 April 1993 to the Department of the Prime Minister and Cabinet (CA 1401).
 

Sources
 
Australian Institute of Aboriginal and Torres Strait Islander  
 Studies Annual Report 1989-1990
Commonwealth of Australia Gazettes No S91, 24 March 1993 and No GN14
 of 14 April 1993 (Administrative Arrangements Order amendment of 
 1 April 1993)
Commonwealth of Australia Act No 149 of 1989, Australian Institute  
 of Aboriginal and Torres Strait Islander Studies Act 1989
Historical agency address
Acton House, Marcus Clarke Street, Acton ACT
Legislation administered
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 (No. 149 of 1989 assented to on 27 November 1989)