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TASMANIA
__________
ABORIGINAL LANDS AMENDMENT BILL 2008
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 10AA inserted
10AA. Protection of sensitive enrolment records
[Bill 77]-II
2
ABORIGINAL LANDS AMENDMENT BILL 2008
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to amend the Aboriginal Lands Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Aboriginal Lands
Amendment Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Aboriginal Lands Act 1995* is
referred to as the Principal Act.
*No. 98 of 1995
[Bill 77] 3
Aboriginal Lands Amendment Act 2008
Act No. of
s. 4
4. Section 10AA inserted
After section 10 of the Principal Act, the
following section is inserted in Division 2:
10AA. Protection of sensitive enrolment records
(1) The procedures referred to in
section 10(7) are not to be taken as
including a requirement for the Electoral
Commissioner to
(a) divulge the existence or contents
of any sensitive enrolment record
to any person; or
(b) give any person an opportunity to
comment on any sensitive
enrolment record or its contents.
(2) A court must not, under the Judicial
Review Act 2000 or otherwise, make an
order impugning an enrolment decision
on the ground that the Electoral
Commissioner
(a) did not divulge to a person the
existence or contents of any
sensitive enrolment record taken
into account in making the
decision; or
(b) did not give a person an
opportunity to comment on any
sensitive enrolment record taken
into account in making the
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Aboriginal Lands Amendment Act 2008
Act No. of
s. 4
decision or on the contents of any
such record.
(3) For the purposes of subsection (2), an
order of a court is taken to impugn an
enrolment decision if the order
(a) quashes the decision or sets it
aside; or
(b) varies the decision; or
(c) remits the decision to the
Electoral Commissioner, with or
without directions, for further
consideration or remaking; or
(d) contains any adverse declaration
about the legality or fairness of
the decision or the process by
which it was arrived at; or
(e) stays or defers the
implementation of the decision.
(4) This section applies to every enrolment
decision made after the commencement
of the Aboriginal Lands Amendment Act
2008, even if the decision
(a) relates to a Preliminary Roll or
Roll in respect of which,
immediately before that
commencement, proceedings of
any kind were in progress; or
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Aboriginal Lands Amendment Act 2008
Act No. of
s. 4
(b) is in substitution for an enrolment
decision made before that
commencement.
(5) In this section
"enrolment decision" means any
decision of the Electoral
Commissioner under section 10;
"proceedings" include
(a) appeals under
section 10(7); and
(b) applications for orders of
review under the Judicial
Review Act 2000; and
(c) applications for any form
of equitable relief;
"sensitive enrolment record" means
a record
(a) which is provided to the
Electoral Commissioner
by any person for or in
connection with the
preparation of a
Preliminary Roll or Roll;
and
(b) which the Electoral
Commissioner in good
faith believes is regarded
by that person as being a
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Aboriginal Lands Amendment Act 2008
Act No. of
s. 4
record of a personally
sensitive or confidential
nature.
Government Printer, Tasmania 7