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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES RECOGNITION
(SUNSET EXTENSION) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Indigenous Affairs,
Senator the Honourable Nigel Scullion)
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES
RECOGNITION (SUNSET EXTENSION) BILL 2015
OUTLINE
This Bill amends the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013
(Act of Recognition) to extend the sunset date of the Act by three years to 28 March 2018.
The amendment will ensure the Act of Recognition continues in operation until a referendum
to recognise Aboriginal and Torres Strait Islander Peoples in the Constitution can be held.
This is consistent with the recommendations of the final report of the Review Panel
established under the Act of Recognition, which was tabled in Parliament on
19 September 2014.
FINANCIAL IMPACT STATEMENT
No financial implications arise from the extension of the sunset date.
REGULATORY IMPACT STATEMENT
The Office of Best Practice Regulation has advised that a regulatory impact statement is not
required.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The statement of compatibility with human rights appears at the end of this explanatory
memorandum.
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES
RECOGNITION (SUNSET EXTENSION) BILL 2015
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. The Bill will commence on the day after it receives the Royal Assent.
Clause 3: Schedules
3. Legislation that is specified in the Schedule to the Bill is amended or repealed as set
out in the Schedule to the Bill.
SCHEDULE 1 - AMENDMENTS
Item 1 - Section 5.
The reference to `2 years' is omitted and substituted with `5 years', to extend the sunset date
to 28 March 2018.
Item 2 - Section 5 (note).
The reference to `2 years' is omitted, consistent with the amendment to Section 5.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Aboriginal and Torres Strait Islander Recognition (Sunset Extension) Bill 2015
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill amends the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013
(Act of Recognition) to extend the sunset date of the Act by three years to 28 March 2018.
The extension of the Act of Recognition sunset date will ensure the Act of Recognition
continues in operation until a referendum to recognise Aboriginal and Torres Strait Islander
Peoples in the Constitution can be held. This is consistent with the recommendations of the
final report of the Review Panel established under the Act of Recognition, which was tabled
in Parliament on 19 September 2014.
Human rights implications
Australia has a range of international human rights obligations in relation to the recognition
of Aboriginal and Torres Strait Islander peoples and their culture, language, heritage and
rights to self-determination - notably, under the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights and the
International Convention on the Elimination of all forms of Racial Discrimination. This Bill
does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.