Editors --- "Desert Knowledge Australia Act 2003 - Digest" [2003] AUIndigLawRpr 42; (2003) 8(3) Australian Indigenous Law Reporter 65

• Desert Knowledge Australia Act 2003
• Part 1 – Preliminary
• 3. Objects
• Part 2 – Desert Knowledge Australia
• 5. Establishment
• 6. Functions Of Dka
• 7. Powers Of Dka
• Part 3 – Administration
• 13. Appointment Of Members
• 14. Nominations By Participants
• 15. Other Nominations
• 16. Qualifications Etc. Of Persons Appointed

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Legislative Developments - Australia

Desert Knowledge Australia Act 2003

Northern Territory of Australia

As in force at 22 September 2003

An Act to encourage and facilitate learning, research and sustainable economic and social development relating to deserts and arid lands and to establish Desert Knowledge Australia, and for related purposes.

Part 1 – Preliminary

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3. Objects

The objects of this Act are –

(a) to encourage and facilitate education and training, research, commerce and technology that is relevant to the health, well-being, sustainable economic and social development and improved livelihoods of all communities in deserts and arid lands;

(b) to develop wealth creation activities in deserts and arid lands in a manner that promotes harmony in and between communities in deserts and arid lands while maintaining the economy and environment of deserts and arid lands in an ecologically sustainable manner and the culture and identity of those communities;

(c) to encourage and facilitate the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purpose of achieving the objects specified in paragraphs (a) and (b); and

(d) to establish a statutory corporation to carry out activities for the purpose of achieving the objects specified in paragraphs (a), (b) and (c).

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Part 2 – Desert Knowledge Australia

5. Establishment

(1) Desert Knowledge Australia is established.

(2) Desert Knowledge Australia –

(a) is a body corporate;

(b) has a common seal; and

(c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

(3) All courts, judges and persons acting judicially must take judicial notice of the common seal of Desert Knowledge Australia affixed to a document and must presume that it was duly affixed.

6. Functions of DKA

(1) The functions of DKA are –

(a) to encourage and facilitate the development of a body of knowledge and expertise relevant to deserts and arid lands;

(b) to encourage improvements to the economies and livelihoods of communities in deserts and arid lands and further the economic and social development and ecologically sustainable wealth creation of those communities;

(c) to establish, develop and manage the Desert Knowledge Australia Precinct as a nationally and internationally renowned centre of knowledge about deserts and arid lands and for its contribution to education and training, research, commerce and technology relevant to the economic and social development of communities in deserts and arid lands;

(d) to encourage the provision of high-quality communication and other services to desert areas and arid lands;

(e) to undertake, fund, facilitate, promote and support research, study and training that –

(i) is relevant to deserts and arid lands;

(ii) contributes to the health, well-being, sustainable economic and social development and improved livelihoods of communities in deserts and arid lands; and

(iii) encourages practices and programs for use in or relevant to deserts and arid lands that are ecologically and culturally sound and sustainable;

(f) to encourage and facilitate communication and collaboration between persons and communities, and the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purposes of paragraphs (a) to (e) (inclusive);

(g) to attract suitable persons, organisations and authorities (whether incorporated or not) to be participants in DKA;

(h) the prescribed functions, if any; and

(i) any other functions imposed on it by or under another Act.

(2) DKA may perform its functions –

(a) in the Territory; and

(b) in other parts of Australia, and in other countries, through partnerships, joint ventures, alliances, networks and other cooperative arrangements.

7. Powers of DKA

(1) Subject to this or any other Act or an instrument of a legislative or administrative character made under this or any other Act, DKA has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions.

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Part 3 – Administration

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13. Appointment of members

(1) Subject to this Division, the Minister may appoint in writing the members of the Board in accordance with subsection (5).

(2) Half the members are to be persons nominated by participants in accordance with section 14.

(3) A reference in subsection (2) to half the number of members is a reference to the whole number that represents half the number of members or, if half the number of members is represented by a number that is not a whole number, the next lowest whole number.

(4) Of the persons appointed to be members, the Minister must appoint –

(a) if the Board is to be composed of 5 members – 2 persons who are Aboriginals;

(b) if the Board is to be composed of 6, 7 or 8 members – 3 persons who are Aboriginals; or

(c) if the Board is to be composed of 9, 10 or 11 members – 4 persons who are Aboriginals.

(5) In appointing persons as members, the Minister must comply with sections 14, 15 and 16.

14. Nominations by participants

(1) The Minister must invite the participants, and the societies of participants set up under section 38, to nominate for appointment as members persons who hold suitable qualifications or have suitable knowledge and experience relating to the objects of this Act and the powers and functions of DKA.

(2) The Minister must consult and make inquiries about the suitability of each person nominated under subsection (1) and, having done so, appoint from those persons nominated the number of members required by section 13(2) to be nominated by participants.

15. Other nominations

To assist the Minister in appointing persons who are not referred to in section 14(2), the Minister may invite the Australian Prime Minister, a Premier of a State of the Commonwealth or any other person the Minister considers appropriate to nominate a person who is suitable for appointment.

16. Qualifications etc. of persons appointed

(1) The Minister must not appoint a person unless he or she is satisfied that the person holds suitable qualifications or has suitable knowledge and experience relating to the objects of this Act and the powers and functions of DKA.

(2) The Minister must appoint only persons who, in his or her opinion –

(a) represent the interests of –

(i) communities in deserts and arid lands;

(ii) the indigenous people of deserts and arid lands;

(iii) persons with a special expertise or interest relevant to deserts and arid lands; and

(iv) the different levels of Government, in the proportion the Minister considers appropriate for the conduct of the affairs of DKA; and

(b) are collectively capable of conducting the affairs of DKA so that it carries out activities and achieves outcomes that accord with and further the objects of this Act.

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The full text of the Desert Knowledge Australia Act 2003 (NT) is available online via the Northern Territory Government’s Legislation Database, at <http://www.nt.gov.au/dcm/parliamentary_counsel/current_legislation.shtml> .