Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Aboriginal and
Torres Strait Islander Commission Amendment Bill (No. 2)
1996
No. ,
1996
(Aboriginal and Torres
Strait Islander
Affairs)
A
Bill for an Act to amend the Aboriginal and Torres Strait Islander Commission
Act 1989, and for related purposes
9606820—(68/96)
Contents
A Bill for an Act to
amend the Aboriginal and Torres Strait Islander
Commission Act 1989, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Aboriginal and Torres Strait Islander
Commission Amendment Act (No. 2) 1996.
This Act commences on the day on which it receives the Royal
Assent.
Each Act specified in a Schedule to this Act is amended or repealed as
set out in the applicable items in the Schedule concerned, and any other item in
a Schedule to this Act has effect according to its terms.
1 Subsection 4(1)
Insert:
Aboriginal or Torres Strait Islander partnership means a
partnership:
(a) in which more than 50% of the interests are held by:
(i) Aboriginal persons; or
(ii) Torres Strait Islanders; or
(iii) Aboriginal or Torres Strait Islander corporations; or
(iv) combinations of any of the above; and
(b) in respect of which particulars of the other interests have been
provided to the Indigenous Land Corporation.
Aboriginal or Torres Strait Islander trust means a
trust:
(a) in which more than 50% of the beneficial interests are held
by:
(i) Aboriginal persons; or
(ii) Torres Strait Islanders; or
(iii) Aboriginal or Torres Strait Islander corporations; or
(iv) combinations of any of the above; and
(b) in respect of which particulars of the other beneficial interests have
been provided to the Indigenous Land Corporation.
2 Subsection 4(1) (definition of appointed
Indigenous Land Corporation Director)
Omit “or (g)”, substitute “, (g) or (h)”.
3 At the end of section 30
Add:
(3) This section does not prevent a Commissioner from:
(a) engaging in unpaid employment; or
(b) engaging in paid employment outside the duties of his or her office
with the written approval of the Minister.
4 After subsection 40(7)
Insert:
(7A) If a Commissioner engages in paid employment outside the duties of
his or her office without the written approval of the Minister, the Minister may
terminate the Commissioner’s appointment.
5 Paragraph 45(1)(d)
Repeal the paragraph.
6 After subsection 102(1A)
Insert:
(1B) A person who:
(a) has ceased to be a member of a Regional Council under subsection
122(2); or
(b) has been removed from office as a Regional Councillor under subsection
122A(5) after having been suspended from office because of
misbehaviour;
is not qualified to stand for election, or to be elected, as a member for a
Regional Council ward until after the next round of elections for Regional
Councils.
7 After subsection 127A(1)
Insert:
(1A) Subsection (1) does not prevent the Chairperson of a Regional Council
from:
(a) engaging in unpaid employment; or
(b) engaging in paid employment outside the duties of his or her office
with the written approval of the Minister.
8 After subsection 127C(7)
Insert:
(7A) If the Chairperson of a Regional Council engages in paid employment
outside the duties of his or her office without the written approval of the
Minister, the Minister may remove the Chairperson from office.
9 Subsection 131(2)
Repeal the subsection, substitute:
(2) A person:
(a) whose appointment as the Commissioner representing a zone has been
terminated by the Minister:
(i) under subsection 40(5) after the person was suspended from office
because of misbehaviour; or
(ii) under subsection 40(7) or (7A) or section 41; or
(b) who has been removed from office as the Commissioner representing the
Torres Strait zone under section 41A;
is not eligible to stand for election, or to be elected, as a person to
represent a zone until after the next round of zone elections held under
subsection (1) or (1A), as the case requires.
10 At the end of section
191C
Add:
(2) In performing its functions, the Indigenous Land Corporation is to
have regard to the needs of Aboriginal persons, and Torres Strait Islanders, who
suffer most disadvantage in access to land.
11 Paragraph 191D(1)(a)
Repeal the paragraph, substitute:
(a) to grant interests in land to:
(i) Aboriginal or Torres Strait Islander corporations; or
(ii) the trustees of Aboriginal or Torres Strait Islander trusts;
or
(iii) in circumstances determined by the Indigenous Land Corporation Board
to be so exceptional as to justify the making of the grants
concerned—Aboriginal persons or Torres Strait Islanders or Aboriginal or
Torres Strait Islander partnerships;
12 Paragraphs 191D(1)(c) and
(d)
Repeal the paragraphs, substitute:
(c) to make grants of money to:
(i) Aboriginal or Torres Strait Islander corporations; or
(ii) the trustees of Aboriginal or Torres Strait Islander trusts;
or
(iii) in circumstances determined by the Indigenous Land Corporation Board
to be so exceptional as to justify the making of the grants
concerned—Aboriginal persons or Torres Strait Islanders or Aboriginal or
Torres Strait Islander partnerships;
for the acquisition of interests in land;
(d) to guarantee:
(i) loans made to Aboriginal or Torres Strait Islander corporations;
or
(ii) loans made to the trustees of Aboriginal or Torres Strait Islander
trusts; or
(iii) in circumstances determined by the Indigenous Land Corporation Board
to be so exceptional as to justify the giving of the guarantees
concerned—loans made to Aboriginal persons or Torres Strait Islanders or
Aboriginal or Torres Strait Islander partnerships;
for the acquisition of interests in land.
13 Subsection 191D(1) (note
2)
Repeal the note, substitute:
Note 2: Aboriginal or Torres Strait Islander
corporation, Aboriginal or Torres Strait Islander trust
and Aboriginal or Torres Strait Islander partnership are defined
by section 4.
14 Subparagraph
191D(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) if the Indigenous Land Corporation grants money to Aboriginal or
Torres Strait Islander corporations, trustees of Aboriginal or Torres Strait
Islander trusts, Aboriginal persons, Torres Strait Islanders or Aboriginal or
Torres Strait Islander partnerships—acting as the agent of the person to
whom the money is granted in connection with those acquisitions;
15 Paragraph 191D(3)(b)
Repeal the paragraph, substitute:
(b) if the Indigenous Land Corporation acquires an interest in land for
the purpose of making a grant of the interest to:
(i) an Aboriginal or Torres Strait Islander corporation; or
(ii) the trustee of an Aboriginal or Torres Strait Islander trust;
or
(iii) an Aboriginal person or a Torres Strait Islander; or
(iv) an Aboriginal or Torres Strait Islander partnership;
that grant being made within a reasonable time after the
acquisition.
16 Paragraph 191J(1)(b)
Repeal the paragraph, substitute:
(b) the Indigenous Land Corporation or the subsidiary, as the case
requires, considers that it no longer needs to hold the interest for the purpose
of making a grant of the interest to:
(i) an Aboriginal or Torres Strait Islander corporation; or
(ii) the trustee of an Aboriginal or Torres Strait Islander trust;
or
(iii) an Aboriginal person or a Torres Strait Islander; or
(iv) an Aboriginal or Torres Strait Islander partnership.
17 Paragraph 191N(2)(a)
Repeal the paragraph, substitute:
(a) the acquisition of interests in land for the purpose of making grants
of those interests to:
(i) Aboriginal or Torres Strait Islander corporations; or
(ii) the trustees of Aboriginal or Torres Strait Islander trusts;
or
(iii) Aboriginal persons or Torres Strait Islanders; or
(iv) Aboriginal or Torres Strait Islander partnerships;
18 Paragraph 191P(4)(a)
Repeal the paragraph, substitute:
(a) the acquisition of interests in land in the regional area for the
purpose of making grants of those interests to:
(i) Aboriginal or Torres Strait Islander corporations; or
(ii) the trustees of Aboriginal or Torres Strait Islander trusts;
or
(iii) Aboriginal persons or Torres Strait Islanders; or
(iv) Aboriginal or Torres Strait Islander partnerships;
19 Section 191S
Omit “body corporate” (wherever occurring), substitute
“person”.
20 Section 191T
Omit “body corporate” (wherever occurring), substitute
“person”.
21 Section 191U
Omit “body corporate” (wherever occurring), substitute
“person”.
22 Paragraph 191V(2)(g)
Omit “office).”, substitute “office);”.
23 At the end of subsection
191V(2)
Add:
(h) such number of other ordinary members (whose respective offices may be
referred to as paragraph (h) offices) as the Minister (after consulting the
other members) determines.
24 Subsection 191X(1)
Omit “or (g)”, substitute “, (g) or (h)”.
25 Subsection 191X(4)
Omit “ordinary” (first occurring).
26 Subsection 192D(3)
Omit “Minister”, substitute “Board”.
27 Subsection 193C(1)
Omit “in a category B year”, substitute “in August of
each category B year”.
28 Subsection 193R(1) (paragraph (g) of the
definition of exempt matter)
Omit “body corporate”, substitute
“person”.
29 Subsection 193R(1) (paragraph (i) of the
definition of exempt matter)
Repeal the paragraph, substitute:
(i) the receipt of money by a person, or by a person acting on behalf of
another person, in respect of a disposal referred to in paragraph (g).
30 Subsection 193S(1) (after paragraph (e) of
the definition of ILC officer)
Insert:
(ea) who is or has been a participant in a meeting convened under
subsection 193G(1); or
31 Paragraph 193S(2)(c)
Omit “function.”, substitute “function;
or”.
32 At the end of subsection
193S(2)
Add:
(d) in connection with the officer’s participation in a meeting
convened under subsection 193G(1).
33 Subparagraph
193S(3)(a)(i)
After “guarantee”, insert “or was acquired by the officer
in connection with the officer’s participation in a meeting convened under
subsection 193G(1)”.
34 Subparagraph
193S(3)(c)(i)
After “guarantee”, insert “or was obtained by the officer
in connection with the officer’s participation in a meeting convened under
subsection 193G(1)”.
35 Subparagraph
193S(5)(a)(i)
After “guarantee”, insert “or was obtained by the officer
in connection with the officer’s participation in a meeting convened under
subsection 193G(1)”.
36 Subparagraph
193S(5)(c)(i)
After “guarantee”, insert “or was obtained by the officer
in connection with the officer’s participation in a meeting convened under
subsection 193G(1)”.
37 Paragraph 193S(6)(c)
Omit “function.”, substitute “function;
or”.
38 At the end of subsection
193S(6)
Add:
(d) discussions at a meeting convened under subsection 193G(1) and the
exercise of powers referred to in subsection 193F.
39 Subsection 195(1)
Repeal the subsection, substitute:
(1) If a delegate of the Commission:
(a) refuses a housing loan under section 14 to an individual; or
(b) refuses a loan under section 14 to an individual, a body corporate or
an unincorporated body to enable the individual or body to engage in a business
enterprise; or
(c) refuses to give a guarantee under section 15 in respect of a housing
loan made or to be made to an individual; or
(d) refuses to give a guarantee under section 15 in respect of a loan made
or to be made to an individual, a body corporate or an unincorporated body,
where the purpose of the loan is to enable the individual or body to engage in a
business enterprise;
the individual or body may, within 30 days after being notified of the
refusal, request the Commission to reconsider the matter.
40 At the end of section
195
Add:
(3) If the Commission has delegated its powers to reconsider a matter and
make a decision under subsection (2), subsection (1) does not apply to a refusal
by the delegate made in the exercise of those powers.
41 Paragraph 196(1)(aa)
Omit “to an individual to enable the individual”, substitute
“to an individual, a body corporate or an unincorporated body to enable
the individual or body”.
42 Paragraph 196(1)(b)
Omit “to an individual, where the purpose of the loan is to enable
the individual to engage in a business enterprise”, substitute “to
an individual, a body corporate or an unincorporated body, where the purpose of
the loan is to enable the individual or body to engage in a business
enterprise”.
43 Subsection 196(4) (definition of decision
made by the Commission)
Repeal the definition, substitute:
decision made by the Commission means:
(a) a decision made by the Commission itself; or
(b) a decision made by a delegate of the Commission upon a reconsideration
of a decision made by another delegate of the Commission.
44 Application
A request that a body corporate purported to make before the commencement
of this Schedule under the subsection repealed by item 39, and a decision that
the Commission purported to make as a result of such a request, are taken to be,
and to have at all times been, as valid as they would have been if the
subsection substituted by that item had been in force when the body purported to
make the request or the Commission purported to make the decision, as the case
may be.