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This is a Bill, not an Act. For current law, see the Acts databases.
INDIGENOUS AFFAIRS LEGISLATION AMENDMENT BILL (NO. 2) 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Indigenous Affairs Legislation
Amendment Bill (No. 2) 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
Indigenous affairs, and for related purposes
i Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments relating to the Aboriginal and
Torres Strait Islander Act 2005
3
Part 1--Chief Executive Officers
3
Aboriginal and Torres Strait Islander Act 2005
3
Aboriginal Land Rights (Northern Territory) Act 1976
11
Part 2--Secrecy provision
12
Aboriginal and Torres Strait Islander Act 2005
12
Part 3--Aboriginal Hostels Limited
15
Aboriginal and Torres Strait Islander Act 2005
15
Schedule 2--Acting appointments
16
Aboriginal Land Rights (Northern Territory) Act 1976
16
Coordinator-General for Remote Indigenous Services Act 2009
16
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
Indigenous affairs, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Indigenous Affairs Legislation
5
Amendment Act (No. 2) 2011.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Chief Executive Officers Part 1
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 3
Schedule 1--Amendments relating to the
1
Aboriginal and Torres Strait Islander
2
Act 2005
3
Part 1--Chief Executive Officers
4
Aboriginal and Torres Strait Islander Act 2005
5
1 Subsection 4(1)
6
Insert:
7
Indigenous Business Australia Chief Executive Officer means the
8
Chief Executive Officer of Indigenous Business Australia referred
9
to in section 168.
10
2 Subsection 4(1) (definition of Indigenous Business
11
Australia General Manager)
12
Repeal the definition.
13
3 Subsection 4(1)
14
Insert:
15
Indigenous Land Corporation Chief Executive Officer means the
16
Chief Executive Officer of the Indigenous Land Corporation
17
referred to in section 192K.
18
4 Subsection 4(1) (definition of Indigenous Land Corporation
19
General Manager)
20
Repeal the definition.
21
5 Subsection 4(1)
22
Insert:
23
TSRA Chief Executive Officer means the Chief Executive Officer
24
of the TSRA referred to in section 144G.
25
6 Subsection 4(1) (definition of TSRA General Manager)
26
Repeal the definition.
27
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 1 Chief Executive Officers
4 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
7 Subsections 142D(7) and (8)
1
Omit "General Manager", substitute "Chief Executive Officer".
2
8 Subsections 142K(3) and (4)
3
Omit "General Manager", substitute "Chief Executive Officer".
4
9 Section 144F (heading)
5
Repeal the heading, substitute:
6
144F Delegation to TSRA Chief Executive Officer or staff member
7
of TSRA
8
10 Subsection 144F(1)
9
Omit "General Manager", substitute "Chief Executive Officer".
10
11 Subsection 144F(2) (heading)
11
Repeal the heading, substitute:
12
TSRA Chief Executive Officer may sub-delegate function or power
13
12 Subsections 144F(2) and (3)
14
Omit "General Manager", substitute "Chief Executive Officer".
15
13 Division 7 of Part 3A (heading)
16
Repeal the heading, substitute:
17
Division 7--TSRA Chief Executive Officer
18
14 Section 144G (heading)
19
Repeal the heading, substitute:
20
144G TSRA Chief Executive Officer
21
15 Subsections 144G(1) and (2)
22
Omit "General Manager", substitute "Chief Executive Officer".
23
Note:
This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901
24
provides that the office continues in existence under the new name so that its identity is
25
not affected.
26
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Chief Executive Officers Part 1
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 5
16 Subsection 144G(3)
1
Omit "as the TSRA General Manager", substitute "as the TSRA Chief
2
Executive Officer".
3
17 Subsection 144G(3)
4
Omit "However, this rule does not apply to the first TSRA General
5
Manager.".
6
18 Subsections 144G(4) and (5)
7
Omit "General Manager" (wherever occurring), substitute "Chief
8
Executive Officer".
9
19 Subsection 144H(1)
10
Omit "General Manager", substitute "Chief Executive Officer".
11
20 Subsection 144H(2)
12
Repeal the subsection, substitute:
13
(2) The period must not be longer than 5 years.
14
21 Section 144J
15
Omit "General Manager", substitute "Chief Executive Officer".
16
22 Subsections 144K(1) and (2)
17
Omit "General Manager", substitute "Chief Executive Officer".
18
23 Section 144L (heading)
19
Repeal the heading, substitute:
20
144L Acting TSRA Chief Executive Officer
21
24 Section 144L
22
Omit "General Manager" (wherever occurring), substitute "Chief
23
Executive Officer".
24
25 Subsections 144M(1) and (2)
25
Omit "General Manager" (wherever occurring), substitute "Chief
26
Executive Officer".
27
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 1 Chief Executive Officers
6 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
26 Section 144N
1
Omit "General Manager", substitute "Chief Executive Officer".
2
27 Subsections 144P(1) and (2)
3
Omit "General Manager" (wherever occurring), substitute "Chief
4
Executive Officer".
5
28 Section 144Q
6
Omit "General Manager", substitute "Chief Executive Officer".
7
29 Subsection 144R(2)
8
Omit "General Manager" (wherever occurring), substitute "Chief
9
Executive Officer".
10
30 Subsection 144ZD(5)
11
Omit "General Manager", substitute "Chief Executive Officer".
12
31 Division 6 of Part 4 (heading)
13
Repeal the heading, substitute:
14
Division 6--Indigenous Business Australia Chief Executive
15
Officer
16
32 Section 168 (heading)
17
Repeal the heading, substitute:
18
168 Indigenous Business Australia Chief Executive Officer
19
33 Subsections 168(1), (2) and (3)
20
Omit "General Manager", substitute "Chief Executive Officer".
21
Note:
This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901
22
provides that the office continues in existence under the new name so that its identity is
23
not affected.
24
34 Subsection 169(1)
25
Omit "(1)".
26
35 Subsection 169(1)
27
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Chief Executive Officers Part 1
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 7
Omit "General Manager", substitute "Chief Executive Officer".
1
36 Section 170
2
Omit "General Manager", substitute "Chief Executive Officer".
3
37 Section 171
4
Omit "General Manager", substitute "Chief Executive Officer".
5
38 Section 172 (heading)
6
Repeal the heading, substitute:
7
172 Acting Indigenous Business Australia Chief Executive Officer
8
39 Section 172
9
Omit "General Manager" (wherever occurring), substitute "Chief
10
Executive Officer".
11
40 Subsections 172A(1) and (2)
12
Omit "General Manager" (wherever occurring), substitute "Chief
13
Executive Officer".
14
41 Section 173
15
Omit "General Manager", substitute "Chief Executive Officer".
16
42 Section 174
17
Omit "General Manager", substitute "Chief Executive Officer".
18
43 Subsection 175(1)
19
Omit "General Manager", substitute "Chief Executive Officer".
20
44 Section 177
21
Omit "General Manager", substitute "Chief Executive Officer".
22
45 Subsection 178(1)
23
Omit "General Manager", substitute "Chief Executive Officer".
24
46 Paragraph 182(b)
25
Omit "General Manager", substitute "Chief Executive Officer".
26
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 1 Chief Executive Officers
8 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
47 Section 190 (heading)
1
Repeal the heading, substitute:
2
190 Delegation to Indigenous Business Australia Chief Executive
3
Officer or member of staff
4
48 Subsections 190(1) and (2)
5
Omit "General Manager" (wherever occurring), substitute "Chief
6
Executive Officer".
7
49 Paragraph 191(1)(b)
8
Omit "General Manager" (wherever occurring), substitute "Chief
9
Executive Officer".
10
50 Division 8 of Part 4A (heading)
11
Repeal the heading, substitute:
12
Division 8--Indigenous Land Corporation Chief Executive
13
Officer
14
51 Section 192K (heading)
15
Repeal the heading, substitute:
16
192K Indigenous Land Corporation Chief Executive Officer
17
52 Subsections 192K(1), (2) and (3)
18
Omit "General Manager" (wherever occurring), substitute "Chief
19
Executive Officer".
20
Note:
This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901
21
provides that the office continues in existence under the new name so that its identity is
22
not affected.
23
53 Section 192L
24
Omit "General Manager", substitute "Chief Executive Officer".
25
54 Section 192M
26
Omit "General Manager", substitute "Chief Executive Officer".
27
55 Section 192N (heading)
28
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Chief Executive Officers Part 1
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 9
Repeal the heading, substitute:
1
192N Remuneration and allowances of Indigenous Land
2
Corporation Chief Executive Officer
3
56 Section 192N
4
Omit "General Manager", substitute "Chief Executive Officer".
5
57 Section 192P (heading)
6
Repeal the heading, substitute:
7
192P Acting Indigenous Land Corporation Chief Executive Officer
8
58 Section 192P
9
Omit "General Manager" (wherever occurring), substitute "Chief
10
Executive Officer".
11
59 Section 192Q
12
Omit "General Manager", substitute "Chief Executive Officer".
13
60 Section 192R
14
Omit "General Manager", substitute "Chief Executive Officer".
15
61 Subsection 192S(1)
16
Omit "General Manager", substitute "Chief Executive Officer".
17
62 Subsection 192T(2) (heading)
18
Repeal the heading.
19
63 Subsection 192T(2)
20
Omit "(2)".
21
64 Subsection 192T(2)
22
Omit "General Manager" (wherever occurring), substitute "Chief
23
Executive Officer".
24
65 Section 192U
25
Omit "General Manager", substitute "Chief Executive Officer".
26
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 1 Chief Executive Officers
10 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
66 Subsection 192V(1)
1
Omit "General Manager", substitute "Chief Executive Officer".
2
67 Subsection 193S(1) (paragraph (b) of the definition of ILC
3
officer)
4
Omit "General Manager" (wherever occurring), substitute "Chief
5
Executive Officer".
6
68 Section 193T (heading)
7
Repeal the heading, substitute:
8
193T Delegation to Indigenous Land Corporation Chief Executive
9
Officer or member of staff
10
69 Section 193T
11
Omit "General Manager", substitute "Chief Executive Officer".
12
70 Paragraphs 200(2)(a) and (b)
13
Omit "General Manager", substitute "Chief Executive Officer".
14
71 Subparagraph 200A(1)(b)(iii)
15
Omit "General Manager", substitute "Chief Executive Officer".
16
72 Transitional--secrecy provisions
17
(1)
Paragraph 191(1)(b) of the Aboriginal and Torres Strait Islander Act
18
2005 applies on and after the commencement of this item as if:
19
(a) a reference in that paragraph to the Indigenous Business
20
Australia Chief Executive Officer included a reference to the
21
Indigenous Business Australia General Manager; and
22
(b) a reference in that paragraph to an acting Indigenous
23
Business Australia Chief Executive Officer included a
24
reference to an acting Indigenous Business Australia General
25
Manager.
26
(2)
Paragraph (b) of the definition of ILC officer in subsection 193S(1) of
27
the Aboriginal and Torres Strait Islander Act 2005 applies on and after
28
the commencement of this item as if:
29
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Chief Executive Officers Part 1
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 11
(a) a reference in that paragraph to the Indigenous Land
1
Corporation Chief Executive Officer included a reference to
2
the Indigenous Land Corporation General Manager; and
3
(b) a reference in that paragraph to an acting Indigenous Land
4
Corporation Chief Executive Officer included a reference to
5
an acting Indigenous Land Corporation General Manager.
6
(3)
Subparagraph 200A(1)(b)(iii) of the Aboriginal and Torres Strait
7
Islander Act 2005 applies on and after the commencement of this item
8
as if a reference in that subparagraph to the TSRA Chief Executive
9
Officer included a reference to the TSRA General Manager.
10
Aboriginal Land Rights (Northern Territory) Act 1976
11
73 Paragraph 76(1A)(e)
12
Omit "General Manager", substitute "Chief Executive Officer".
13
14
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 2 Secrecy provision
12 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
Part 2--Secrecy provision
1
Aboriginal and Torres Strait Islander Act 2005
2
74 Before subsection 191(2A)
3
Insert:
4
Exception--housing or business loans
5
75 After subsection 191(2A)
6
Insert:
7
Exception--Indigenous Business Australia Chief Executive Officer
8
(2B) Despite subsection (2), the Indigenous Business Australia Chief
9
Executive Officer may divulge or communicate information, or
10
produce a document, to the Secretary of the Department for the
11
purposes of the Department.
12
Note:
A defendant bears an evidential burden in relation to the matter in
13
subsection (2B): see subsection 13.3(3) of the Criminal Code.
14
(2C) In exercising a power under subsection (2B), the Indigenous
15
Business Australia Chief Executive Officer must act in accordance
16
with any guidelines in force under section 191AA.
17
Exception--public interest
18
(2D) Despite subsection (2), the Indigenous Business Australia Chief
19
Executive Officer may, if he or she determines in writing that it is
20
necessary in the public interest, divulge or communicate
21
information, or produce a document, to specified persons for
22
specified purposes.
23
Note:
A defendant bears an evidential burden in relation to the matter in
24
subsection (2D): see subsection 13.3(3) of the Criminal Code.
25
(2E) In making determinations under subsection (2D), the Indigenous
26
Business Australia Chief Executive Officer must act in accordance
27
with any guidelines in force under section 191AA.
28
(2F) A determination under subsection (2D) is not a legislative
29
instrument.
30
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Secrecy provision Part 2
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 13
Exception--consent
1
(2G) Despite subsection (2), a person may:
2
(a) divulge or communicate information to a person authorised
3
in writing, by the person to whose affairs the information
4
relates, to receive the information; or
5
(b) produce a document to a person authorised in writing, by the
6
person to whose affairs the document relates, to receive the
7
document.
8
Note:
A defendant bears an evidential burden in relation to the matter in
9
subsection (2G): see subsection 13.3(3) of the Criminal Code.
10
Exception--information already publicly available
11
(2H) Despite subsection (2), a person may:
12
(a) make a record of information, if the information is already
13
publicly available; or
14
(b) divulge or communicate information to a person, if the
15
information is already publicly available; or
16
(c) produce a document to a person, if the information contained
17
in the document is already publicly available.
18
Note:
A defendant bears an evidential burden in relation to the matter in
19
subsection (2H): see subsection 13.3(3) of the Criminal Code.
20
Exception--making records
21
(2J) Despite subsection (2), a person may make a record of information
22
in connection with the exercise of a power under subsection (2B),
23
(2D) or (2G).
24
Note:
A defendant bears an evidential burden in relation to the matter in
25
subsection (2J): see subsection 13.3(3) of the Criminal Code.
26
76 Before subsection 191(3)
27
Insert:
28
Divulging or communicating information to courts
29
77 Before subsection 191(4)
30
Insert:
31
Schedule 1 Amendments relating to the Aboriginal and Torres Strait Islander Act 2005
Part 2 Secrecy provision
14 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
Definitions
1
78 At the end of Division 9 of Part 4
2
Add:
3
191AA Guidelines for exercise of Indigenous Business Australia
4
Chief Executive Officer's powers
5
The Minister may, by legislative instrument, make guidelines for
6
the exercise of either or both of the following:
7
(a) the Indigenous Business Australia Chief Executive Officer's
8
power under subsection 191(2B);
9
(b) the Indigenous Business Australia Chief Executive Officer's
10
power to make determinations under subsection 191(2D).
11
12
Amendments relating to the Aboriginal and Torres Strait Islander Act 2005 Schedule 1
Aboriginal Hostels Limited Part 3
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011 15
Part 3--Aboriginal Hostels Limited
1
Aboriginal and Torres Strait Islander Act 2005
2
79 Subsection 200(6)
3
Repeal the subsection, substitute:
4
(6) For the purposes of the Administrative Decisions (Judicial Review)
5
Act 1977, if Aboriginal Hostels Limited makes a decision relating
6
to an application by an incorporated body for the provision of
7
accommodation for one or more Aboriginal persons or Torres
8
Strait Islanders, the decision is taken to be a decision of an
9
administrative character made under an enactment.
10
80 Application
11
The amendment made by this Part applies in relation to decisions made
12
on or after the commencement of this Part.
13
14
Schedule 2 Acting appointments
16 Indigenous Affairs Legislation Amendment Bill (No. 2) 2011 No. , 2011
Schedule 2--Acting appointments
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 After subsection 76(1)
4
Insert:
5
(1AA) The Minister may, in writing, delegate the Minister's power under
6
section 20J to:
7
(a) the Secretary of the Department; or
8
(b) a Deputy Secretary of the Department.
9
Coordinator-General for Remote Indigenous Services Act
10
2009
11
2 After section 28
12
Insert:
13
28A Delegation of certain powers by Minister
14
The Minister may, in writing, delegate the Minister's power under
15
section 20 to:
16
(a) the Secretary of the Department; or
17
(b) a Deputy Secretary of the Department.
18