Commonwealth of Australia Explanatory Memoranda

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STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011

                        2010-2011-2012




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                            SENATE




    STRONGER FUTURES IN THE NORTHERN TERRITORY
(CONSEQUENTIAL AND TRANSISTIONAL PROVISIONS) BILL 2011




       SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendment to be moved on behalf of the Government




                 (Circulated by the authority of the
Minister for Families, Community Services and Indigenous Affairs,
    Minister for Disability Reform, the Hon Jenny Macklin MP)
       STRONGER FUTURES IN THE NORTHERN TERRITORY
   (CONSEQUENTIAL AND TRANSISTIONAL PROVISIONS) BILL 2011

          Amendment to be moved on behalf of the Government


OUTLINE

This amendment clarifies the intended operation of new paragraph 23(1)(eb)
of the Aboriginal Land Rights (Northern Territory) Act 1976 (Land Rights Act).
The new paragraph provides that it is a function of a Land Council, for a
community living area within the Land Council's area, to assist the landowner
in any dealings in the land. The amendment clarifies that, while the
assistance will not be at the cost of the owner of the community living area,
the Land Council is able to recoup these costs as provided by the Land
Rights Act.


Financial impact statement

The financial impact of these amendments is nil.
  STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL
            AND TRANSISTIONAL PROVISIONS) BILL 2011

             Amendment to be moved on behalf of the Government


NOTES ON AMENDMENT

Item 4 of Schedule 2 to the Bill inserts paragraph 23(1)(eb) into the Land Rights Act.
The new paragraph is intended to provide that Land Councils have the function of
giving assistance, including legal and administrative support, to the owner of a
community living area situated in the area of that Land Council, in relation to
dealings in land. The omission of the words `at the Land Council's expense' in the
following amendment clarifies that, while this assistance will not be at the cost of the
owner of a community living area, the Land Council is also able to recoup these
costs, as provided by the Land Rights Act.

Amendment 1 omits the words `at the Land Council's expense' from
paragraph 23(1)(eb), as inserted into the Land Rights Act by item 4 of Schedule 2.

The assistance that Land Councils are to provide to community living area
landowners under paragraph 23(1)(eb) will not be at the cost of the community living
area landowner as any costs incurred by the Land Council in providing assistance to
the landowner are considered to be administrative costs for the purposes of
subsection 34(1) of the Land Rights Act. These costs are recoverable by the Land
Council from the Aboriginals Benefit Account established under the Land Rights Act,
and may also be recouped through fees for services and other sources of income.