Editors --- "Aboriginal and Torres Strait Islander Commission Amendment Act 1996 - Digest" [1997] AUIndigLawRpr 2; (1997) 2(1) Australian Indigenous Law Reporter 93

• Constitution of the Commission
• Commission Chairperson
• Restriction on Right to Dispose of Property

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Aboriginal and Torres Strait Islander Commission Amendment Act 1996

The Aboriginal and Torres Strait Islander Commission Amendment Act 1996 (`ATSIC Amendment Act 1996') makes a number of changes to the structure of the Aboriginal and Torres Strait Islander Commission (`ATSIC') and its manner of operating. Some of the more important changes are detailed below.

Constitution of the Commission

Under s. 27 of the Aboriginal and Torres Strait Islander Commission Act 1989 (`ATSIC Act 1989') the Commission consists of 17 members appointed by the Minister (s. 27(1)). All the members "are to be the persons elected under Division 7 of Part 3 to represent the several zones" (s. 27(2)). In accordance with Division 7 of Part 3 the members of each Regional Council (or the Torres Strait Regional Authority) in a zone shall "elect one of their member to represent the zone" (s. 131 subs. (1) and (1A)).

Item 7 of Schedule 1 of the ATSIC Amendment Act 1996 repeals s. 27 and substitutes:

27 Constitution of the Commission

(1) The Commission consists of 19 members, as follows:

(a) a Chairperson:

(b) 17 members, who are to be the persons elected under Division 7 of Part 3 to represent the several zones:

(c) 1 other member

(2) The members are to be appointed by the Minister.

(3) The Chairperson may be, but is not required to be, a person elected under Division 7 of Part 3 to represent a zone.

(4) The member referred to in paragraph (1)(c) must not be a person elected under Division 7 of Part 3 to represent
a zone.

(5) If the Minister appoints as the Chairperson a person elected under Division 7 of Part 3 to represent a zone, the person ceases to hold office as the member representing the zone and as a regional Councillor.

Commission Chairperson

In accordance with s. 31A of the ATSIC Act 1989 "at the first meeting of the Commission after a zone election (other than an election for the Torres Strait zone), the Commissioners must elect one of their number to be the Commission Chairperson" (emphasis added).

Item 8 of the ATSIC Amendment Act 1996 repeals s. 31A.

Item 5 of Schedule 2 of the ATSIC Amendment Act 1996 inserts a new s. 31A:

31A Commission Chairperson

(1) At the first meeting of the Commission after each round of zone elections (other than an election for the Torres Strait zone), the Commissioners must elect one of their number to be the Commission Chairperson.

(2) At any other meeting of the Commission, the Commissioners must elect one of their number to be the Commission Chairperson if there is a vacancy in that office.

Under s. 2(5) of the ATSIC Amendment Act 1996 the commencement of Schedule 2 is delayed:

2 Commencement

...

(5) Schedule 2 commences on the day, or the earliest day, on which the Minister appoints a person as a Commissioner after the person has been elected in the 1999 round of Regional Council elections.

Restriction on Right to Dispose of Property

Section 21 of the ATSIC Act 1989 restricts the disposal of certain interests held by individuals or bodies (other than the Commission) without the written consent of the Commission (s. 21(2)). Such interests include an interest in land acquired "using money granted to the individual or body by the Commission under paragraph 14(1)(a)" (s. 21(1)(a)(ii)(A)), an interest "acquired from the Commission under paragraph 14(1)(b)" (s. 21(1)(a)(ii)(B)), an interest the acquisition of which was "financed by a loan that was guaranteed by the Commission under section 15" (s. 21(1)(a)(ii)(C)) and certain other interests.

Item 6 of Schedule 1 of the ATSIC Amendment Act 1996 inserts the following after s. 21:

21A Commission's interest in land

(1) Any liability or obligation of an individual, a body corporate or an unincorporated body to the Commission arising:

(a) under the terms and conditions of a grant or loan referred to in subsection 14(2); or

(b) under section 20 or 21; is taken to be an interest of the Commission in the land to which it relates.

(2) The land is charged with the payment of all costs and expenses incurred by the Commission in respect of its enforcement of the liability or obligation.

(3) The land is taken, for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976, to be alienated Crown land in which all estates and interests not held by the Crown are held on behalf of Aboriginals.

Item 62 of Schedule 1 of the ATSIC Amendment Act 1996 inserts ss. 191SA and 191SB which are broadly similar to s. 21A(1) and (2). The sections provide that "any liability or obligation of a body corporate" to the Indigenous Land Corporation (s. 191SA(1)) or a subsidiary of the Indigenous Land Corporation (s. 191SB(1)) arising in certain circumstances is taken to be an interest in the land "to which the liability or obligation relates". There is no equivalent of s. 21A(3).

The ATSIC Amendment Act 1996 received Royal Assent on 12 September 1996. l