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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aboriginal Land Grant (Jervis Bay
Territory) Amendment (Strengthening
Land and Governance Provisions) Bill
2022
No. , 2022
(Indigenous Australians)
A Bill for an Act to amend the Aboriginal Land
Grant (Jervis Bay Territory) Act 1986, and for
related purposes
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
3
Part 2--Consequential amendments
18
Age Discrimination Act 2004
18
Carbon Credits (Carbon Farming Initiative) Act 2011
18
Crimes Act 1914
18
Environment Protection and Biodiversity Conservation Act 1999
18
Jervis Bay Territory Acceptance Act 1915
18
Native Title Act 1993
19
Protection of Movable Cultural Heritage Act 1986
19
Superannuation Act 1922
19
Part 3--Application and transitional provisions
20
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
1
A Bill for an Act to amend the Aboriginal Land
1
Grant (Jervis Bay Territory) Act 1986, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Aboriginal Land Grant (Jervis Bay Territory)
6
Amendment (Strengthening Land and Governance Provisions) Act
7
2022
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation 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
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
3
1 Section 1
4
Omit "
Grant
", substitute "
and Waters
".
5
2 Subsection 2(1)
6
Insert:
7
Chief Executive Officer
means the Chief Executive Officer of the
8
Council.
9
child
means an individual who has not reached 18 years.
10
eligible child
means a child with a connection to the Community.
11
fit and proper person
has the meaning given by section 34F.
12
3 Section 4A
13
Repeal the section, substitute:
14
4A Accountable authority
15
(1) For the purposes of the
Public Governance, Performance and
16
Accountability Act 2013
, the accountable authority of the Council
17
consists of:
18
(a) the executive committee; and
19
(b) the Chief Executive Officer.
20
Note:
See also subsection 33A(5).
21
(2) The Chairperson must preside at all meetings of the members of
22
the accountable authority of the Council at which the Chairperson
23
is present.
24
(3) Where the Chairperson is not present at a meeting of the members
25
of the accountable authority of the Council:
26
Schedule 1
Amendments
Part 1
Amendments
4
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
(a) the Deputy Chairperson must preside at the meeting; or
1
(b) if the Deputy Chairperson is not present at the meeting--the
2
members present must appoint one of their number to preside
3
at the meeting.
4
(4) Questions arising at a meeting of the members of the accountable
5
authority of the Council must be determined by a majority of the
6
votes of the members present and voting and the person presiding
7
at the meeting has a deliberative vote and, in the case of an equality
8
of votes, also has a casting vote.
9
4 Paragraph 6(b)
10
Omit "the members of the Community", substitute "registered members
11
and eligible children".
12
5 Paragraph 6(ca)
13
Omit "the Community" (first occurring), substitute "registered members
14
and eligible children".
15
6 Paragraph 6(ca)
16
Omit "the members of the Community", substitute "registered members
17
and eligible children".
18
7 Paragraph 6(cb)
19
Omit "members of the Community", substitute "registered members
20
and eligible children".
21
8 Paragraph 6(cf)
22
Omit "the Community", substitute "registered members and eligible
23
children".
24
9 Paragraph 6(e)
25
Omit "the Community", substitute "registered members and eligible
26
children".
27
10 Subsection 7(3)
28
Omit "$100,000", substitute "$1 million".
29
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
5
11 Subsection 9A(2)
1
Repeal the subsection.
2
12 Subsection 23(2)
3
Omit "20", substitute "10% of the".
4
13 After subsection 23(2)
5
Insert:
6
(2A) A registered member may, on receipt of a written request signed by
7
not less than 10% of the registered members, convene a special
8
general meeting of the Council to consider and vote on a motion
9
that all executive members be removed from office.
10
Note:
See also subsections 33(3) and (4).
11
(2B) If a registered member convenes a special general meeting under
12
subsection (2A):
13
(a) the registered member must attend the meeting; and
14
(b) if the registered member does not attend the meeting--a
15
motion that all executive members be removed from office
16
must not be moved at the meeting.
17
(2C) The Registrar must convene a special general meeting if required
18
to do so by subsection 29(3A).
19
Note:
Subsection 29(3A) is about elections to be held following the removal
20
from office of all executive members.
21
14 Section 24
22
After "A special general meeting", insert "convened under
23
subsection 23(1) or (2)".
24
15 Subsection 26(1)
25
Omit "and section 26A", substitute ", section 26A and
26
subsection 33(4)".
27
16 Paragraph 26A(1)(b)
28
Omit "40", substitute "10% of the".
29
Schedule 1
Amendments
Part 1
Amendments
6
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
17 Paragraph 26A(2)(b)
1
Omit "40", substitute "10% of the".
2
18 Subsection 28(2)
3
Repeal the subsection.
4
19 After section 28
5
Insert:
6
28A Functions of the executive committee
7
(1) The functions of the executive committee are such functions as are
8
conferred on it by:
9
(a) a provision of this Act (other than this subsection); or
10
(b) the regulations; or
11
(c) the
Public Governance, Performance and Accountability Act
12
2013
.
13
(2) The executive committee may perform any of the functions, and
14
exercise any of the powers, of the Council.
15
(3) In performing any of the functions, or exercising any of the
16
powers, of the Council, the executive committee is to act in
17
accordance with any policies determined by the Council.
18
(4) All acts and things done in the name of, or on behalf of, the
19
Council by the executive committee are to be taken to have been
20
done by the Council.
21
(5) A policy mentioned in subsection (3) is not a legislative
22
instrument.
23
20 Subsection 29(1)
24
Repeal the subsection, substitute:
25
(1) A person is not eligible to be an executive member unless:
26
(a) the person is a registered member; and
27
(b) the person is a fit and proper person.
28
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
7
(1A) Anything done by or in relation to a person purporting to hold the
1
office of an executive member is not invalid merely because the
2
person is not a fit and proper person.
3
Note:
Subsection 33(7) deals with the removal of office of an executive
4
member who is not a fit and proper person.
5
21 Subsection 29(2)
6
Omit "subsection (3)", substitute "subsections (3) and (3A)".
7
22 After subsection 29(3)
8
Insert:
9
(3A) If all executive members are removed from office under
10
subsection 33(3):
11
(a) the Registrar must convene a special general meeting; and
12
(b) an election to fill each of the offices of the executive
13
members must be held at that special general meeting; and
14
(c) that special general meeting must be held:
15
(i) not earlier than 30 days after the removal from office of
16
the executive members; and
17
(ii) not later than 60 days after the removal from office of
18
the executive members.
19
23 At the end of subsection 30(5)
20
Add:
21
; and (d) be accompanied by a declaration signed by the person that
22
the person is a fit and proper person; and
23
(e) be accompanied by an undertaking signed by the person that,
24
in the event that the person is elected to the office, the person
25
will notify the Registrar if the person ceases to be a fit and
26
proper person while the person holds the office.
27
Note:
Section 137.1 of the
Criminal Code
creates an offence of providing
28
false or misleading information.
29
24 After section 32
30
Insert:
31
Schedule 1
Amendments
Part 1
Amendments
8
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
32A Leave of absence
1
(1) The executive committee may grant leave of absence to any
2
executive member on the terms and conditions that the executive
3
committee determines.
4
(2) To avoid doubt, leave may be granted in respect of a period that
5
occurred wholly or partly before the day on which leave was
6
granted.
7
25 Paragraph 33(1)(b)
8
Repeal the paragraph, substitute:
9
(b) if the executive member is unable to perform the duties of the
10
executive member's office because of physical or mental
11
incapacity; or
12
(c) if the executive member ceases to be a registered member.
13
26 At the end of section 33
14
Add:
15
(3) If, at a special general meeting, a motion that all executive
16
members be removed from office is passed in accordance with
17
subsection (4), all executive members are removed from office.
18
(4) A motion referred to in subsection (3) moved at a special general
19
meeting is taken to be passed only if it is supported by not less than
20
two-thirds of the registered members present at the meeting and
21
voting.
22
(5) If an executive member (other than the Chairperson) is absent from
23
3 consecutive meetings of the executive committee without leave
24
of absence and without reasonable excuse, the Chairperson may,
25
by writing signed by the Chairperson, remove the executive
26
member from office.
27
Note:
Leave of absence is granted under section 32A.
28
(6) If the Chairperson is absent from 3 consecutive meetings of the
29
executive committee without leave of absence and without
30
reasonable excuse, the Registrar may, by writing signed by the
31
Registrar, remove the Chairperson from office.
32
Note:
Leave of absence is granted under section 32A.
33
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
9
(7) The Registrar must, by writing signed by the Registrar, remove an
1
executive member from office if:
2
(a) the executive member is not a fit and proper person; or
3
(b) the executive member was not a fit and proper person at the
4
time when the executive member was nominated for the
5
office of executive member; or
6
(c) the executive member fails, without reasonable excuse, to
7
comply with a notice under subsection 34G(2) or (4).
8
(8) If the Registrar removes the Chairperson from office under
9
subsection (6), the Registrar must:
10
(a) notify the Minister, the Chairperson and the Chief Executive
11
Officer, in writing, of the removal; and
12
(b) do so as soon as practicable after the removal.
13
(9) Subsection (7) of this section does not affect the operation of
14
Part VIIC of the
Crimes Act 1914
(which includes provisions that,
15
in certain circumstances, relieve persons from the requirement to
16
disclose spent convictions and require persons aware of such
17
convictions to disregard them).
18
27 After section 33
19
Insert:
20
33A Registrar to be the administrator of the Council if all executive
21
members are removed from office
22
(1) If all executive members are removed from office under
23
subsection 33(3), the Registrar is to be the administrator of the
24
Council during the period (the
interim period
):
25
(a) beginning at the time of the removal from office; and
26
(b) ending at the start of the first meeting of the executive
27
committee that is held after that removal from office.
28
Note:
See also subsection 29(3A), which is about elections to be held
29
following the removal from office of all executive members.
30
(2) During the interim period, the Registrar may perform any of the
31
functions, and exercise any of the powers, of the Council or the
32
executive committee.
33
Schedule 1
Amendments
Part 1
Amendments
10
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
(3) All acts and things done during the interim period in the name of,
1
or on behalf of, the Council by the Registrar are to be taken to have
2
been done by the Council.
3
(4) All acts and things done during the interim period in the name of,
4
or on behalf of, the executive committee by the Registrar are to be
5
taken to have been done by the executive committee.
6
(5) During the interim period:
7
(a) for the purposes of the
Public Governance, Performance and
8
Accountability Act 2013
, the accountable authority of the
9
Council consists of:
10
(i) the Registrar; and
11
(ii) the Chief Executive Officer; and
12
(b) section 4A of this Act does not apply.
13
(6) This section does not authorise the Registrar to exercise a power
14
conferred by section 38 or 39.
15
28 Subsection 34(6)
16
Omit "Questions", substitute "Subject to subsection 34A(4), questions".
17
29 After Division 4 of Part IV
18
Insert:
19
Division 4A--Chief Executive Officer
20
34A Chief Executive Officer
21
(1) There is to be a Chief Executive Officer of the Council.
22
(2) The Chief Executive Officer is to be a person who is:
23
(a) appointed, in writing, by the executive committee; and
24
(b) employed by the Council (otherwise than on a casual basis).
25
(3) The appointment continues in force despite a change in the
26
membership of the executive committee.
27
(4) The appointment may be revoked by the executive committee
28
(whether or not there has been a change in the membership of the
29
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
11
executive committee) by a unanimous resolution of the executive
1
members present at a meeting of the executive committee.
2
34B Functions of the Chief Executive Officer
3
(1) The Chief Executive Officer is responsible for the day-to-day
4
administration of the Council.
5
(2) The Chief Executive Officer may, on behalf of the Council:
6
(a) enter into contracts for the purposes of this Act; and
7
(b) employ staff.
8
(3) The Chief Executive Officer, on behalf of the Council, has all the
9
rights, duties and powers of an employer in respect of the
10
engagement, and employment, of employees of the Council.
11
(4) The Chief Executive Officer, on behalf of the Council, has all the
12
rights, duties and powers of the Council in relation to the Council's
13
capacity as a party to a contract.
14
(5) The Chief Executive Officer has power to do all things necessary
15
or convenient to be done for or in connection with the performance
16
of the Chief Executive Officer's duties.
17
34C Executive committee may give general directions to the Chief
18
Executive Officer
19
(1) The executive committee may give written directions to the Chief
20
Executive Officer in relation to the performance of the Chief
21
Executive Officer's functions and the exercise of the Chief
22
Executive Officer's powers.
23
(2) However, such a direction can only be of a general nature.
24
(3) The Chief Executive Officer is to act in accordance with any
25
directions given under subsection (1).
26
(4) A direction given under subsection (1) is not a legislative
27
instrument.
28
Schedule 1
Amendments
Part 1
Amendments
12
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
34D Acting appointments
1
(1) The executive committee may, by written instrument, appoint a
2
person who is employed by the Council (otherwise than on a casual
3
basis) to act as the Chief Executive Officer:
4
(a) during a vacancy in the office of Chief Executive Officer
5
(whether or not an appointment has previously been made to
6
the office); or
7
(b) during any period, or during all periods, when the Chief
8
Executive Officer:
9
(i) is absent from duty or from Australia; or
10
(ii) is, for any reason, unable to perform the duties of the
11
office.
12
Note:
For rules that apply to acting appointments, see sections 33AB and
13
33A of the
Acts Interpretation Act 1901
.
14
(2) The appointment continues in force despite a change in the
15
membership of the executive committee.
16
(3) The appointment may be revoked by the executive committee
17
(whether or not there has been a change in the membership of the
18
executive committee).
19
34E Delegation by the Chief Executive Officer
20
(1) The Chief Executive Officer may, in writing, delegate all or any of
21
the Chief Executive Officer's functions or powers under this Act to
22
an employee of the Council.
23
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
24
provisions relating to delegations.
25
(2) In performing a delegated function or exercising a delegated
26
power, the delegate must comply with any written directions of the
27
Chief Executive Officer.
28
30 Before section 35
29
Insert:
30
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
13
34F Meaning of fit and proper person
1
(1) For the purposes of this Act, a person is a
fit and proper person
2
unless:
3
(a) the following conditions are satisfied:
4
(i) the person has been convicted of an offence against a
5
law of the Commonwealth, a State or a Territory (not
6
involving dishonesty, violence or an offence against a
7
child) and sentenced to a period of imprisonment of
8
12 months or more;
9
(ii) if the person does not serve a term of imprisonment--
10
less than 5 years have elapsed since the day on which
11
the person was convicted;
12
(iii) if the person serves a term of imprisonment--the person
13
is in prison or less than 5 years have elapsed since the
14
day on which the person was released from prison; or
15
(b) the following conditions are satisfied:
16
(i) the person has been convicted of an offence against a
17
law of the Commonwealth, a State or a Territory
18
involving dishonesty, violence or an offence against a
19
child and sentenced to a period of imprisonment of
20
3 months or more;
21
(ii) if the person does not serve a term of imprisonment--
22
less than 10 years have elapsed since the day on which
23
the person was convicted;
24
(iii) if the person serves a term of imprisonment--the person
25
is in prison or less than 10 years have elapsed since the
26
day on which the person was released from prison; or
27
(c) the following conditions are satisfied:
28
(i) the person has been convicted of an offence against a
29
law of a foreign country that is punishable by
30
imprisonment for a period of 12 months or more;
31
(ii) the offence is constituted by conduct that, if engaged in
32
in the Jervis Bay Territory, would constitute an offence
33
against a law of the Commonwealth or that Territory;
34
(iii) if the person does not serve a term of imprisonment--
35
less than 5 years have elapsed since the day on which
36
the person was convicted;
37
Schedule 1
Amendments
Part 1
Amendments
14
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
(iv) if the person serves a term of imprisonment--the person
1
is in prison or less than 5 years have elapsed since the
2
day on which the person was released from prison; or
3
(d) the person is an undischarged bankrupt under:
4
(i) a law of the Commonwealth; or
5
(ii) a law of an external Territory; or
6
(iii) a law of a foreign country; or
7
(e) the following conditions are satisfied:
8
(i) the person has executed a personal insolvency
9
agreement under Part X of the
Bankruptcy Act 1966
or a
10
similar law of an external Territory or a foreign country;
11
(ii) the terms of the agreement have not been fully complied
12
with; or
13
(f) the person is disqualified from managing Aboriginal and
14
Torres Strait Islander corporations under Part 6-5 of the
15
Corporations (Aboriginal and Torres Strait Islander) Act
16
2006
; or
17
(g) the person is disqualified from managing corporations under
18
Part 2D.6 of the
Corporations Act 2001
.
19
(2) This section does not affect the operation of Part VIIC of the
20
Crimes Act 1914
(which includes provisions that, in certain
21
circumstances, relieve persons from the requirement to disclose
22
spent convictions and require persons aware of such convictions to
23
disregard them).
24
(3) The definition of
Territory
in section 2 does not apply to this
25
section.
26
34G Fit and proper person--investigations conducted by the
27
Registrar
28
(1) The Registrar must, if requested to do so by the Minister, the Chief
29
Executive Officer or an executive member:
30
(a) investigate whether an executive member is a fit and proper
31
person; or
32
(b) investigate whether a person nominated under
33
subsection 30(4) is a fit and proper person.
34
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
15
Criminal history check
1
(2) The Registrar may, by written notice given to a person who is the
2
subject of an investigation under subsection (1) request the person
3
to:
4
(a) obtain a specified kind of criminal history check and give
5
that criminal history check to the Registrar; and
6
(b) do so within the period specified in the notice.
7
(3) If a person has been given a notice under subsection (2), the
8
Registrar may vary the notice by extending the period specified in
9
the notice.
10
Consent for checking
11
(4) The Registrar may, by written notice given to a person who is the
12
subject of an investigation under subsection (1), request the person
13
to give to the Registrar, within the period specified in the notice, a
14
specified kind of written consent that the Registrar requires to
15
enable:
16
(a) criminal records to be checked for the purposes of the
17
investigation; or
18
(b) bankruptcy or insolvency records to be checked for the
19
purposes of the investigation.
20
Other matters
21
(5) A period specified in a notice under subsection (2) or (4) must not
22
be shorter than 30 days.
23
(6) This section does not affect the operation of Part VIIC of the
24
Crimes Act 1914
(which includes provisions that, in certain
25
circumstances, relieve persons from the requirement to disclose
26
spent convictions and require persons aware of such convictions to
27
disregard them).
28
31 Section 35 (at the end of the heading)
29
Add "
established by the Council
".
30
32 After section 35
31
Insert:
32
Schedule 1
Amendments
Part 1
Amendments
16
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
35A Subcommittees established by the executive committee
1
(1) The executive committee may, from time to time, by resolution
2
establish such subcommittees as the executive committee considers
3
necessary or desirable for the purposes of this Act.
4
(2) A subcommittee is to be constituted:
5
(a) by not fewer than 2, nor more than 5, executive members; or
6
(b) by:
7
(i) not fewer than 2, nor more than 5, executive members;
8
and
9
(ii) one or more registered members.
10
(3) If the Chairperson is a member of a subcommittee, the Chairperson
11
must convene, and preside at, meetings of the subcommittee.
12
(4) If the Deputy Chairperson is a member of a subcommittee and the
13
Chairperson is not a member of the subcommittee, the Deputy
14
Chairperson is to convene, and preside at, meetings of the
15
subcommittee.
16
(5) If neither the Chairperson nor the Deputy Chairperson is a member
17
of a subcommittee, the subcommittee must elect a person who is:
18
(a) a member of the subcommittee; and
19
(b) an executive member;
20
to convene, and preside at, meetings of the subcommittee.
21
(6) A member of a subcommittee may resign by writing signed by the
22
member and given to the Chairperson.
23
33 Section 36
24
Repeal the section, substitute:
25
36 Delegation by the executive committee
26
(1) The executive committee may, in writing, delegate all or any of its
27
functions or powers under this Act (other than section 38 or 39) to:
28
(a) a subcommittee established under section 35A; or
29
(b) the Chief Executive Officer; or
30
(c) an employee of the Council.
31
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
17
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
1
provisions relating to delegations.
2
(2) In performing a delegated function or exercising a delegated
3
power, the delegate must comply with any written directions of the
4
executive committee.
5
(3) The delegation continues in force despite a change in the
6
membership of the executive committee.
7
(4) The delegation may be varied or revoked by the executive
8
committee (whether or not there has been a change in the
9
membership of the executive committee).
10
34 At the end of section 38
11
Add:
12
(7) The
Residential Tenancies Act 1997
(ACT) does not apply to a
13
lease granted under this section if:
14
(a) the lease is a lease to which paragraph (2)(a), (c) or (d)
15
applies; and
16
(b) the term of the lease is 40 years or more.
17
35 Section 52
18
Omit "executive committee", substitute "accountable authority".
19
Schedule 1
Amendments
Part 2
Consequential amendments
18
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
Part 2--Consequential amendments
1
Age Discrimination Act 2004
2
36 Schedule 1 (table item 3)
3
Omit "
Grant
", substitute "
and Waters
".
4
Carbon Credits (Carbon Farming Initiative) Act 2011
5
37 Section 5 (paragraph (b) of the definition of statutory
6
authority)
7
Omit "
Grant
", substitute "
and Waters
".
8
Crimes Act 1914
9
38 Paragraph 15AB(3A)(c)
10
Omit "
Grant
", substitute "
and Waters
".
11
39 Paragraph 16A(2AA)(c)
12
Omit "
Grant
", substitute "
and Waters
".
13
Environment Protection and Biodiversity Conservation Act
14
1999
15
40 Paragraph 363(2)(b)
16
Omit "
Grant
", substitute "
and Waters
".
17
41 Section 528 (subparagraph (i)(iii) of the definition of
18
Commonwealth agency)
19
Omit "
Grant
", substitute "
and Waters
".
20
Jervis Bay Territory Acceptance Act 1915
21
42 Section 5
22
Omit "
Grant
", substitute "
and Waters
".
23
Amendments
Schedule 1
Consequential amendments
Part 2
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
19
Native Title Act 1993
1
43 Paragraph 210(a)
2
Omit "
Grant
", substitute "
and Waters
".
3
44 Section 253 (subparagraph (a)(i) of the definition of
4
Aboriginal/Torres Strait Islander land or waters)
5
Omit "
Grant
", substitute "
and Waters
".
6
Protection of Movable Cultural Heritage Act 1986
7
45 Paragraph 17(1)(c)
8
Omit "
Grant
", substitute "
and Waters
".
9
46 Subsection 18(2)
10
Omit "
Grant
", substitute "
and Waters
".
11
Superannuation Act 1922
12
47 Subsection 4(9)
13
Omit "
Grant
", substitute "
and Waters
".
14
Schedule 1
Amendments
Part 3
Application and transitional provisions
20
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
No. , 2022
Part 3--Application and transitional provisions
1
48 Application
--general meetings
2
The amendment of subsection 23(2) of the
Aboriginal Land Grant
3
(Jervis Bay Territory) Act 1986
made by this Schedule applies in
4
relation to a request received by the Chairperson after the
5
commencement of this item.
6
49 Transitional
--executive member
7
(1)
This item applies if:
8
(a) a person held office as an executive member immediately
9
before the commencement of this item; and
10
(b) the person was elected to that office before the
11
commencement of this item.
12
(2)
While the person holds that office:
13
(a) paragraph 29(1)(b) of the
Aboriginal Land and Waters
14
(Jervis Bay Territory) Act 1986
(as amended by this
15
Schedule) does not apply to the person; and
16
(b) the person must not be nominated under subsection 30(4) of
17
that Act unless the person is a fit and proper person.
18
Note:
Subsection 29(4) of the
Aboriginal Land and Waters (Jervis Bay Territory) Act 1986
(as
19
amended by this Schedule) sets out the period during which the person holds that office.
20
(3)
Subitem (2) does not prevent the person from being removed from that
21
office under subsection 33(7) of the
Aboriginal Land and Waters
22
(Jervis Bay Territory) Act 1986
(as amended by this Schedule) if the
23
person is not a fit and proper person.
24
(4)
While the person holds that office, paragraph 33(7)(b) of the
Aboriginal
25
Land and Waters (Jervis Bay Territory) Act 1986
(as amended by this
26
Schedule) does not apply to the person.
27
50 Application
--removal from office of executive members
28
Subsections 33(5) and (6) of the
Aboriginal Land and Waters (Jervis
29
Bay Territory) Act 1986
(as amended by this Schedule) apply in relation
30
to a meeting that occurred after the commencement of this item.
31
Amendments
Schedule 1
Application and transitional provisions
Part 3
No. , 2022
Aboriginal Land Grant (Jervis Bay Territory) Amendment
(Strengthening Land and Governance Provisions) Bill 2022
21
51 Application
--fit and proper person
1
(1)
Subparagraphs 34F(1)(a)(i), (b)(i) and (c)(i) of the
Aboriginal Land and
2
Waters (Jervis Bay Territory) Act 1986
(as amended by this Schedule)
3
apply in relation to a conviction that occurred before, at or after the
4
commencement of this item.
5
(2)
Subparagraph 34F(1)(e)(i) of the
Aboriginal Land Grant (Jervis Bay
6
Territory) Act 1986
(as amended by this Schedule) applies in relation to
7
an agreement executed before, at or after the commencement of this
8
item.
9
52 Application
--leases
10
Subsection 38(7) of the
Aboriginal Land and Waters (Jervis Bay
11
Territory) Act 1986
(as amended by this Schedule) applies in relation to
12
a lease granted before, at or after the commencement of this item.
13
53 Transitional
--National Cultural Heritage Committee
14
(1)
This item applies to a person if:
15
(a) the person held office as a member of the National Cultural
16
Heritage Committee immediately before the commencement
17
of this item; and
18
(b) the person is covered by paragraph 17(1)(c) of the
Protection
19
of Movable Cultural Heritage Act 1986
.
20
(2)
To avoid doubt, the amendment of paragraph 17(1)(c) of the
Protection
21
of Movable Cultural Heritage Act 1986
made by this Schedule does not
22
affect the continuity of the person's appointment to the office.
23