Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 150 of 1989 as amended
This compilation was prepared on 15 February 2012
taking into account amendments up to Act No.
188
of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Objects ................................................................................................ 1
4............ Interpretation ....................................................................................... 2
4A......... Minister may make determinations about what constitutes misbehaviour 6
4B......... Indigenous-held land ........................................................................... 6
5............ Act binds the Crown ........................................................................... 7
5A......... Application of the Criminal Code ....................................................... 8
Part 3A--Torres Strait Regional Authority 9
Division 1--Torres Strait Regional Authority 9
142........ Torres Strait Regional Authority ......................................................... 9
Division 2--Functions of TSRA 10
142A..... Functions of TSRA ........................................................................... 10
142AA.. Conferring functions on TSRA ......................................................... 12
142B..... Minister may approve performance of functions under State or Territory laws 12
142C..... Powers of TSRA .............................................................................. 13
142D..... Torres Strait Development Plan ........................................................ 13
142E...... Directions by Minister ...................................................................... 14
Division 3--General funding powers of TSRA 15
142F...... TSRA may make grants and loans .................................................... 15
142G..... TSRA may give guarantees ............................................................... 15
142GA.. TSRA may make grants and loans to Queensland government etc. .. 16
142H..... Grants and loans to be repayable if conditions breached etc. ............. 16
142J...... Restriction on right to dispose of interest in land .............................. 17
142JA... TSRA's interest in land ..................................................................... 17
142K..... TSRA to formulate decision-making principles about grants, loans and guarantees 18
142L...... Review of operation of Part etc. ........................................................ 18
142M.... Advisory committees ........................................................................ 19
142N..... Advisory committee--disclosure of interests at meetings ................. 19
142P...... Advisory committee--member's appointment to be terminated for non-disclosure of interests 19
142Q..... Advisory committee--resignation ..................................................... 20
Division 4--Constitution of TSRA 21
142R..... Constitution of TSRA ....................................................................... 21
142S...... Minister may determine manner of representation on TSRA ............ 21
Division 5--TSRA elections 23
142T...... TSRA elections ................................................................................. 23
142TA... TSRA wards ..................................................................................... 23
142U..... People entitled to vote at TSRA elections .......................................... 24
142V..... People qualified to be elected to the TSRA ....................................... 24
142W.... Term of office of members of TSRA ................................................ 25
142X..... Errors in Commonwealth Electoral Roll not to affect entitlements .... 26
142Y..... Timing of TSRA elections ................................................................ 26
142Z...... Polling places .................................................................................... 27
143........ Fixing of election days, and location of polling places, to be notified in Gazette 27
143A..... Effect of nominations ........................................................................ 28
143B..... Voting not compulsory ..................................................................... 28
143C..... Voting by secret ballot ...................................................................... 28
143D..... Voting ............................................................................................... 28
143E...... Counting of votes and election of candidates .................................... 29
143F...... General obligation to inform people about elections .......................... 29
143G..... Rules for conduct of elections ........................................................... 29
143H..... Authorised electoral officer ............................................................... 32
143I....... Disputed elections ............................................................................. 32
Division 6--Administrative provisions 33
143J...... Part-time basis of holding office ....................................................... 33
143K..... Remuneration and allowances ........................................................... 33
143L...... Chairperson and Deputy Chairperson ............................................... 33
143M.... Acting appointments ......................................................................... 33
143P...... Disclosure of interests ....................................................................... 34
143Q..... Resignation ....................................................................................... 34
143R..... Members taken to have resigned from TSRA in certain circumstances 35
143S...... Suspension and removal from office of members of the TSRA ........ 36
143T...... Recall of member of the TSRA ......................................................... 38
143U..... Members of TSRA, and TSRA Administrators, not personally liable 38
143V..... Other terms and conditions ............................................................... 39
143W.... Provisions relating to Chairperson .................................................... 39
143X..... Resignation of Chairperson ............................................................... 39
143Y..... Suspension and removal from office of Chairperson ........................ 40
143Z...... Leave of absence for Chairpersons ................................................... 41
144........ Provisions relating to Deputy Chairpersons ...................................... 41
144A..... Resignation of Deputy Chairpersons ................................................ 42
144B..... Suspension and removal from office of Deputy Chairperson ........... 42
144C..... Deputy Chairperson to act as Chairperson ........................................ 43
144D..... Alternate Deputy Chairperson ........................................................... 44
144E...... Meetings of TSRA ............................................................................ 45
144F...... Delegation to TSRA Chief Executive Officer or staff member of TSRA 48
Division 7--TSRA Chief Executive Officer 50
144G..... TSRA Chief Executive Officer ......................................................... 50
144H..... Period of appointment ....................................................................... 50
144J...... Remuneration and allowances ........................................................... 50
144K..... Leave of absence ............................................................................... 50
144L...... Acting TSRA Chief Executive Officer .............................................. 51
144M.... Disclosure of interests ....................................................................... 51
144N..... Resignation ....................................................................................... 51
144P...... Termination of appointment .............................................................. 52
144Q..... Other terms and conditions ............................................................... 52
Division 8--Staff 53
144R..... Staff .................................................................................................. 53
144T...... Consultants ....................................................................................... 53
Division 9--Finances 55
144TA... Money payable to TSRA .................................................................. 55
144U..... Application of money of the TSRA .................................................. 55
144V..... TSRA Housing Fund ........................................................................ 55
144W.... TSRA Land and Natural Resources Fund ......................................... 56
144X..... Borrowing on overdraft to meet temporary deficit ............................ 57
144Y..... Limits on TSRA's powers to raise money ........................................ 57
144Z...... Exemption from taxation ................................................................... 57
144ZA... Estimates ........................................................................................... 58
144ZB... Annual report .................................................................................... 58
144ZD... TSRA Finance Directions ................................................................. 59
Division 10--Minister may ask TSRA for information 61
144ZE... Minister may ask TSRA for information .......................................... 61
Division 11--TSRA Administrators 62
144ZF... Powers of TSRA Administrator ....................................................... 62
144ZG... Remuneration and allowances ........................................................... 62
144ZH... TSRA Administrator holds office on a full-time basis ...................... 62
144ZJ.... Resignation of TSRA Administrator ................................................. 62
144ZK... Leave of absence ............................................................................... 62
144ZL... Other terms and conditions ............................................................... 62
144ZM.. Disclosure of interests ....................................................................... 63
144ZN... Termination of appointment .............................................................. 63
144ZP... Acting TSRA Administrator ............................................................. 64
144ZQ... Minister may appoint replacement TSRA Administrator if there is a vacancy in an office of TSRA Administrator .......................................................................................................... 64
Part 4--Indigenous Business Australia 65
Division 1--Indigenous Business Australia 65
145........ Indigenous Business Australia .......................................................... 65
146........ Purposes of Indigenous Business Australia ...................................... 65
Division 2--Functions of Indigenous Business Australia 67
147........ Functions of Indigenous Business Australia ..................................... 67
148........ Performance of functions .................................................................. 67
149........ Corporate plan ................................................................................... 68
150........ Consideration of corporate plan by Minister ..................................... 68
151........ Directions by Minister ...................................................................... 69
152........ Powers of Indigenous Business Australia ........................................ 69
153........ Guarantees ........................................................................................ 70
154........ Minister may ask for information ...................................................... 71
Division 3--Board of Directors of Indigenous Business Australia 72
155........ Board of Directors of Indigenous Business Australia ....................... 72
156........ Responsibilities of Indigenous Business Australia Board ................. 72
157........ Appointment of Indigenous Business Australia Directors ................ 72
158........ Selection of Indigenous Business Australia Directors ...................... 73
Division 4--Administrative provisions 74
159........ Period of appointment ....................................................................... 74
160........ Remuneration and allowances ........................................................... 74
161........ Leave of absence ............................................................................... 74
162........ Acting appointments ......................................................................... 75
164........ Resignation ....................................................................................... 76
165........ Termination of appointment .............................................................. 76
166........ Other terms and conditions ............................................................... 76
Division 5--Operations of Indigenous Business Australia and Indigenous Business Australia Board 77
167........ Meetings of Indigenous Business Australia Board ........................... 77
Division 6--Indigenous Business Australia Chief Executive Officer 79
168........ Indigenous Business Australia Chief Executive Officer ................... 79
169........ Term of appointment ......................................................................... 79
170........ Holding of office ............................................................................... 79
171........ Remuneration and allowances ........................................................... 79
172........ Acting Indigenous Business Australia Chief Executive Officer ........ 80
172A..... Disclosure of interests ....................................................................... 80
173........ Resignation ....................................................................................... 80
174........ Other terms and conditions ............................................................... 80
Division 7--Staff 82
175........ Staff .................................................................................................. 82
177........ Arrangements relating to staff ........................................................... 82
178........ Consultants ....................................................................................... 82
Division 8--Finances 83
179........ Capital of Indigenous Business Australia ......................................... 83
181........ Application of money held by Indigenous Business Australia .......... 83
181A..... New Housing Fund .......................................................................... 83
181B..... Review of decisions to refuse loans from New Housing Fund ......... 85
182........ Restriction on spending by Indigenous Business Australia .............. 85
183........ Borrowing for temporary purposes ................................................... 86
184........ Limit on Indigenous Business Australia's powers ............................ 86
185........ Giving of security over assets ........................................................... 86
187........ Powers of companies in which Indigenous Business Australia has an interest 87
188........ Exemption from taxation ................................................................... 87
189........ Annual report and financial statements .............................................. 87
Division 9--Miscellaneous 89
190........ Delegation to Indigenous Business Australia Chief Executive Officer or member of staff 89
191........ Secrecy .............................................................................................. 89
191AA.. Guidelines for exercise of Indigenous Business Australia Chief Executive Officer's powers 93
Part 4A--Indigenous Land Corporation and Aboriginal and Torres Strait Islander Land Account 94
Division 1--Indigenous Land Corporation 94
191A..... Indigenous Land Corporation ........................................................... 94
191B..... Purposes of Indigenous Land Corporation ....................................... 95
Division 2--Functions and powers of Indigenous Land Corporation 96
191C..... Functions of Indigenous Land Corporation ...................................... 96
191D..... Land acquisition functions of Indigenous Land Corporation ............ 96
191E...... Land management functions of Indigenous Land Corporation .......... 98
191EA... Indigenous Land Corporation may make money available to Indigenous Business Australia 101
191F...... Performance of functions of Indigenous Land Corporation--general 101
191G..... Subsidiaries of Indigenous Land Corporation may perform functions corresponding to the Indigenous Land Corporation's functions .................................................................. 102
191H..... Powers of Indigenous Land Corporation ........................................ 104
191I....... Guidelines about certain land acquisition and land management functions 105
191J...... Disposal of surplus land ................................................................. 105
191L...... Powers of Minister ......................................................................... 106
Division 3--National indigenous land strategy and regional indigenous land strategies 107
191N..... National indigenous land strategy ................................................... 107
191P...... Regional indigenous land strategies ................................................ 108
191Q..... Indigenous Land Corporation to have regard to strategies .............. 109
191R..... Indigenous Land Corporation to make strategies available .............. 110
Division 4--Dealings in land granted by Indigenous Land Corporation 111
191S...... Restriction on right to dispose of, or charge, property .................... 111
191SA... Indigenous Land Corporation's interest in land .............................. 112
191SB... Interest in land of subsidiary of Indigenous Land Corporation ....... 112
191T...... Surrender of land to Indigenous Land Corporation ......................... 113
191U..... Land granted by Indigenous Land Corporation must not be claimed under the Aboriginal Land Rights (Northern Territory) Act 1976 ......................................................................... 114
Division 5--Board of Directors of Indigenous Land Corporation 115
191V..... Board of Directors of Indigenous Land Corporation ...................... 115
191W.... Responsibilities of Indigenous Land Corporation Board ................ 116
191X..... Appointment of Indigenous Land Corporation Directors ................ 116
191Y..... Automatic re-appointment of incumbent pending appointment of successor 116
Division 6--Administrative provisions 118
191Z...... Period of appointment ..................................................................... 118
192........ Basis on which Indigenous Land Corporation Directors hold office 118
192A..... Remuneration and allowances ......................................................... 118
192B..... Outside employment--full-time Indigenous Land Corporation Chairperson 118
192C..... Leave of absence--part-time Indigenous Land Corporation Directors 119
192D..... Leave of absence--full-time Indigenous Land Corporation Chairperson 119
192E...... Acting appointments ....................................................................... 120
192F...... Disclosure of interests ..................................................................... 121
192G..... Resignation ..................................................................................... 121
192H..... Termination of appointment ............................................................ 121
192I....... Other terms and conditions ............................................................. 122
Division 7--Operations of Indigenous Land Corporation Board 123
192J...... Meetings of Indigenous Land Corporation Board ........................... 123
Division 8--Indigenous Land Corporation Chief Executive Officer 125
192K..... Indigenous Land Corporation Chief Executive Officer ................... 125
192L...... Term of appointment ....................................................................... 125
192M.... Holding of office ............................................................................. 125
192N..... Remuneration and allowances of Indigenous Land Corporation Chief Executive Officer 126
192P...... Acting Indigenous Land Corporation Chief Executive Officer ....... 126
192Q..... Resignation ..................................................................................... 126
192R..... Other terms and conditions ............................................................. 126
Division 9--Staff 127
192S...... Staff ................................................................................................ 127
192T...... Arrangements for Indigenous Business Australia staff to perform duties on behalf of Indigenous Land Corporation ........................................................................................................ 127
192U..... Arrangements relating to staff ......................................................... 127
192V..... Consultants ..................................................................................... 128
Division 10--Aboriginal and Torres Strait Islander Land Account 129
192W.... Aboriginal and Torres Strait Islander Land Account ....................... 129
192X..... Purpose of Land Account ............................................................... 129
192Y..... Indexation factor ............................................................................. 129
193........ Payments out of Land Account to Indigenous Land Corporation ... 130
193G..... Consultative forum on investment policy of the Land Account ....... 132
193H..... Accounts and financial statements ................................................... 132
193I....... Annual report about Land Account ................................................. 132
Division 11--Finances 134
193J...... Application of money held by Indigenous Land Corporation ......... 134
193K..... Modifications of Commonwealth Authorities and Companies Act . 134
193L...... Borrowing ....................................................................................... 134
193M.... Giving of security over assets ......................................................... 136
193N..... Limit on guarantees ......................................................................... 136
193P...... Exemption from taxation ................................................................. 137
193Q..... Foreign subsidiaries ........................................................................ 137
Division 12--Exemption from stamp duty etc. 138
193R..... Exemption from stamp duty etc. ...................................................... 138
Division 13--Secrecy 139
193S...... Secrecy ............................................................................................ 139
Division 14--Delegation 143
193T...... Delegation to Indigenous Land Corporation Chief Executive Officer or member of staff 143
Division 15--Reviews 144
193U..... Reviews .......................................................................................... 144
Part 5--Miscellaneous 145
194........ Remuneration and allowances ......................................................... 145
195A..... Review by TSRA of delegates' decisions ....................................... 145
196A..... Review by Administrative Appeals Tribunal .................................. 145
197........ Offences--guarantees, grants and loans ......................................... 146
198........ Offences--elections ........................................................................ 147
199........ Conduct of directors, servants and agents ....................................... 148
200........ Aboriginal Hostels Limited ............................................................. 150
200A..... Secrecy ............................................................................................ 150
200B..... Delegation by Finance Minister ...................................................... 153
200C..... Delegations ..................................................................................... 153
201........ Regulations ..................................................................................... 153
Part 6--Transitional provisions 155
Division 1--Preliminary 155
202........ Interpretation ................................................................................... 155
Division 3--Transitional provisions relating to Aboriginal Development Commission and Department of Aboriginal Affairs 157
206........ Transfer of assets and liabilities of old Department ......................... 157
211........ Old Commission instruments .......................................................... 157
215........ Certificates relating to assets, liabilities and instruments ................. 158
216........ Exemption from taxation ................................................................. 159
Division 4--General transitional provisions 160
219........ Transfer of staff to Australian Public Service ................................. 160
220........ Operation of Superannuation Benefit (Interim Arrangement) Act ... 160
222........ State or Territory officer may act on certificate ................................ 161
Schedule 2--Method of counting votes and determining successful candidates at elections for 2 or more members for a TSRA ward 162
Schedule 2A--Method of determining the successful candidate at an election for a single member for a TSRA ward 170
1............ Absolute majority required for election ........................................... 170
2............ Candidate with absolute majority of first preference votes elected .. 170
3............ Distribution of preferences .............................................................. 170
Schedule 4--Disputes about electoral matters 172
Part 1--Interpretation 172
1............ Interpretation ................................................................................... 172
Part 2--Disputed elections 173
2............ Method of disputing elections ......................................................... 173
3............ Requisites of election petitions ........................................................ 173
3A......... Deadline for filing a petition ............................................................ 173
4............ Deposit as security for costs ........................................................... 174
5............ Petition by Electoral Commission ................................................... 174
6............ No proceedings unless requisites complied with ............................. 174
7............ Right of Electoral Commission to be represented ............................ 174
8............ Right of Minister to be represented ................................................. 174
9............ Election petitions to be tried in open court ....................................... 175
10.......... Powers of Court .............................................................................. 175
11.......... Inquiries by Court ........................................................................... 176
12.......... Voiding election for illegal practices ............................................... 176
13.......... Court to report cases of illegal practices .......................................... 177
14.......... Immaterial errors not to vitiate election ............................................ 177
15.......... Evidence that person not permitted to vote ...................................... 177
16.......... Deposit applicable for costs ............................................................ 178
Part 3--Qualifications and vacancies 179
17.......... Reference of question as to qualification or vacancy ....................... 179
18.......... Minister to state case ....................................................................... 179
19.......... Parties to the reference .................................................................... 179
20.......... References to be heard in open court ............................................... 179
21.......... Powers of Court .............................................................................. 180
22.......... Order etc. to be sent to Minister and TSRA .................................... 180
Part 4--General 181
23.......... Real justice to be observed .............................................................. 181
24.......... Decisions to be final ........................................................................ 181
25.......... Counsel or solicitor ......................................................................... 181
26.......... Costs ............................................................................................... 181
27.......... Effect of declarations etc. ................................................................ 181
28.......... Power to make Rules of Court ........................................................ 182
Notes 183
An Act to establish a Torres Strait Regional Authority, an Indigenous Land Corporation and a corporation to be known as Indigenous Business Australia, and for related purposes
WHEREAS the people of Australia voted overwhelmingly to amend the Constitution so that the Parliament of Australia would be able to make special laws for peoples of the aboriginal race;
AND WHEREAS the people whose descendants are now known as Aboriginal persons and Torres Strait Islanders were the inhabitants of Australia before European settlement;
AND WHEREAS they have been progressively dispossessed of their lands and this dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal persons and Torres Strait Islanders concerning the use of their lands;
AND WHEREAS it is the intention of the people of Australia to make provision for rectification, by such measures as are agreed by the Parliament from time to time, including the measures referred to in this Act, of the consequences of past injustices and to ensure that Aboriginal persons and Torres Strait Islanders receive that full recognition within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire;
AND WHEREAS it is also the wish of the people of Australia that there be reached with Aboriginal persons and Torres Strait Islanders a real and lasting reconciliation of these matters;
AND WHEREAS it is the firm objective of the people of Australia that policies be maintained and developed by the Australian Government that will overcome disadvantages of Aboriginal persons and Torres Strait Islanders to facilitate the enjoyment of their culture;
AND WHEREAS it is appropriate to further the aforementioned objective in a manner that is consistent with the aims of self-management and self-sufficiency for Aboriginal persons and Torres Strait Islanders;
AND WHEREAS it is also appropriate to establish structures to represent Aboriginal persons and Torres Strait Islanders to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of programs and to provide them with an effective voice within the Australian Government;
AND WHEREAS the Parliament seeks to enable Aboriginal persons and Torres Strait Islanders to increase their economic status, promote their social well-being and improve the provision of community services;
AND WHEREAS the Australian Government has acted to protect the rights of all of its citizens, and in particular its indigenous peoples, by recognising international standards for the protection of universal human rights and fundamental freedoms through:
(a) the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination and other standard-setting instruments such as the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and
(b) the acceptance of the Universal Declaration of Human Rights:
Notes to
the
Aboriginal and Torres Strait Islander Act
2005 Note 1 The Aboriginal and Torres Strait Islander Act 2005 as
shown in this
compilation comprises
Act No. 150, 1989 amended as indicated in the Tables below. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. All relevant information pertaining to application, saving or
transitional provisions prior to 12 September 1996 is not included in this
compilation. For subsequent
information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
150, 1989 |
27 Nov 1989 |
5 Mar 1990 (see Gazette 1990, No. S48) |
|
|
|
122, 1991 |
27 June 1991 |
Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 |
S. 31(2) |
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 1993 |
26, 1993 |
9 June 1993 |
S. 6: 2 Aug 1993 (see Gazette 1993, No. S231) |
Ss. 4(2), 6(2), (3), 8(2), 19(2), 20(2) and 24 |
|
Aboriginal and Torres Strait Islander Commission Amendment Act (No. 2) 1993 |
37, 1993 |
20 Sept 1993 |
20 Sept 1993 |
Ss. 6, 20, 32, 38 and Part 10 (ss. 39-42) |
|
Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 |
1, 1994 |
14 Jan 1994 |
Ss. 1-43, 53-68, 73-75, 81-83, |
Ss. 4, 16, 21, 22, 24, 28, 31, 35-40, 42, 47-52, 59,
63, 66, 68, 75, 79(2), |
|
as amended by |
|
|
|
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 1994 |
100, 1994 |
30 June 1994 |
S. 32: (see 100, 1994 below) |
-- |
|
Aboriginal and Torres Strait Islander Commission Amendment Act 1994 |
100, 1994 |
30 June 1994 |
||
|
Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 |
20, 1995 |
29 Mar 1995 |
1 June 1995 (see Gazette 1995, No. GN18) |
-- |
|
Aboriginal and Torres Strait Islander Commission Amendment Act 1996 |
35, 1996 |
12 Sept 1996 |
Schedule 1 (item 68): 10 Oct 1996 |
Sch. 1 (items 5, 37, 39, 69) [see Table A] |
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (items 1-5): (c) |
-- |
|
|
Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997 |
98, 1997 |
30 June 1997 |
30 June 1997 |
Sch. 1 (item 8) [see Table A] |
|
114, 1997 |
7 July 1997 |
Schedule 5 (item 1): (d) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 1-70): 1 Jan 1998 (see Gazette 1997, No. GN49) (e) |
Sch. 4 (item 4) [see Table A] |
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 1998 |
20, 1998 |
17 Apr 1998 |
Schedule 1 (items 4, 8): (f) |
Sch. 1 (items 12, 13) [see Table A] |
|
Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 |
120, 1999 |
1 Oct 1999 |
Schedule 1: (g) |
-- |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 1-19): 5 Dec 1999 (see Gazette 1999, No. S584) (h) |
-- |
|
156, 1999 |
24 Nov 1999 |
Schedule 10 (items 1-11): 13 Mar 2000 (see Gazette 2000, No. S114) (i) |
-- |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11,
32): Royal Assent |
Sch. 2 (items 418, 419) [see Table A] |
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2001 |
4, 2001 |
20 Mar 2001 |
17 Apr 2001 |
Sch. 1 (items 61, 74, 77, 89) [see Table A] |
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (item 1): 15 July 2001 (see Gazette 2001, No. S285) (j) |
Ss. 4-14 [see Note 1] |
|
Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001 |
112, 2001 |
17 Sept 2001 |
15 Oct 2001 |
S. 4 [see Table A] |
|
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 |
159, 2001 |
1 Oct 2001 |
29 Oct 2001 |
Sch. 1 (item 97) [see Table A] |
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2002 |
40, 2002 |
27 June 2002 |
27 June 2002 |
S. 4 [see Table A] |
|
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 |
140, 2003 |
17 Dec 2003 |
Schedule 1 (items 1, 2): (k) |
-- |
|
62, 2004 |
26 May 2004 |
Schedule 1 (item 1): 26 Nov 2004 |
-- |
|
|
80, 2004 |
23 June 2004 |
Schedule 1 (items 188, 189, 212, 213, 215): 1 Dec 2004 (see Gazette 2004, No. GN34) |
Sch. 1 (items 212, 213, 215) [see Table A] |
|
|
8, 2005 |
22 Feb 2005 |
Schedule 2 (items 1-10) (l) |
Sch. 2 (item 174) [see Table A] |
|
|
Aboriginal and Torres Strait Islander Commission Amendment Act 2005 |
32, 2005 |
22 Mar 2005 |
Schedules 1 and 2: 24 Mar 2005 (see F2005L00768) |
Sch. 1 (items |
|
30, 2006 |
6 Apr 2006 |
Schedule 1 (items 1-19) and Schedule 3 (item 1): 7 Apr 2006 |
-- |
|
|
Aboriginal Land Rights (Northern Territory) Amendment Act 2006 |
93, 2006 |
5 Sept 2006 |
Schedule 1 (items 1, 206): 1 Oct 2006 (see F2006L03153) |
Sch. 1 (item 206) [see Table A] |
|
125, 2006 |
4 Nov 2006 |
Schedules 1-3: 1 July 2007 (see s. 2(1)) |
-- |
|
|
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 |
4, 2010 |
19 Feb 2010 |
Schedule 10 (item 1): 20 Feb 2010 |
-- |
|
33, 2010 |
13 Apr 2010 |
Schedule 3 (items 1-3): Royal Assent |
-- |
|
|
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 |
89, 2010 |
29 June 2010 |
Schedule 3: 1 July 2010 |
Sch. 3 (item 24) [see Table A] |
|
Financial Framework Legislation Amendment Act 2010 |
148, 2010 |
17 Dec 2010 |
Schedule 11 (item 7): 18 Dec 2010 |
-- |
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 1 (item 1): Royal Assent |
-- |
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 1-25) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
|
Indigenous Affairs Legislation Amendment Act 2011 |
97, 2011 |
15 Sept 2011 |
Schedule 3: 5 Nov 2011 (see F2011L02238) |
-- |
|
Indigenous Affairs Legislation Amendment Act (No. 2) 2011 |
188, 2011 |
7 Dec 2011 |
Schedule 1
(items 1-72, |
Sch. 1 (items 72, 80) [see Table A] |
(a) Subsection 2(2) of the Aboriginal and Torres Strait Islander Commission Amendment Act 1994 provides as follows:
(2) The remainder of this Act commences immediately after the commencement of Division 1 of Part 28 of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993.
Division 1 of Part 28 commenced on 1 July 1994.
(b) Subsection 2(5) of the Aboriginal and Torres Strait Islander Commission Amendment Act 1996 provides as follows:
(5) Schedule 2 commences on the day, or the earliest day, on which the Minister appoints a person as a Commissioner after the person has been elected in the 1999 round of Regional Council elections.
(c) The Aboriginal and Torres Strait Islander Act 2005 was amended by Schedule 2 (items 1-5) and Schedule 4 (item 2) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.
Schedule 2 (items 1 and 3-5) are taken to have commenced immediately after the commencement of the Aboriginal and Torres Strait Islander Act 2005.
Schedule 2 (item 2) is taken to have commenced immediately after the commencement of the Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995.
The Aboriginal and Torres Strait Islander Act 2005 came into operation on 5 March 1990 (see Gazette 1990, No. S48).
The Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 came into operation on 1 June 1995 (see Gazette 1995, No. GN18).
(d) The Aboriginal and Torres Strait Islander Act 2005 was amended by Schedule 5 (item 1) only of the Aged Care (Consequential Provisions) Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences immediately after the commencement of the Aged Care Act 1997 (other than Division 1 of that Act).
The Aged Care Act 1997 other than Division 1 commenced on 1 October 1997.
(e) The Aboriginal and Torres Strait Islander Commission Amendment Act 1998 was amended by Schedule 2 (items 1-70) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(f) Subsections 2(2)-(4) of the Aboriginal and Torres Strait Islander Commission Amendment Act 1998 provide as follows:
(2) Items 4 and 8 of Schedule 1 are taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Amendment Act 1996 received the Royal Assent.
(3) Item 10 of Schedule 1 is taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Act 1989 received the Royal Assent.
(4) Item 11 of Schedule 1 is taken to have commenced immediately after the commencement of section 79 of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993.
The Aboriginal and Torres Strait Islander Commission Amendment Act 1996 received the Royal Assent on 12 September 1996.
The Aboriginal and Torres Strait Islander Act 2005 received the Royal Assent on 27 November 1989.
Section 79 commenced on 1 July 1994.
(g) Subsection 2(2) of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 provides as follows:
(2) If Schedule 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 1996 commences on or after the day on which this Act receives the Royal Assent, then the amendments made by Schedule 1 to this Act commence immediately after the commencement of Schedule 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 1996.
Schedule 2 commenced on 7 December 1999.
(h) The Aboriginal and Torres Strait Islander Act 2005 was amended by Schedule 1 (items 1-19) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(i) The Aboriginal and Torres Strait Islander
Act 2005 was amended by Schedule 10 (items
1-11) only of the Corporate Law Economic Reform Program Act 1999,
subsection 2(2)(c) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(c) the items in Schedules 10, 11 and 12.
(j) The Aboriginal and Torres Strait Islander Act 2005 was amended by Schedule 3 (item 1) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(k) Subsection 2(1) (item 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Date/Details |
|
|
3. Schedule 1 |
Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003 |
1 January 2005 |
(l) Subsection 2(1) (item 11) of the Financial Framework Legislation Amendment Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Date/Details |
|
|
11. Schedule 2, items 1 to 10 |
The later of: (a) the start of the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
24 March 2005 (paragraph (b) applies) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Title..................................... |
am. No. 1, 1994; No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
Preamble............................ |
ad. No. 1, 1994 |
|
Part 1 |
|
|
am. No. 32, 2005 |
|
|
am. Nos. 26 and 37, 1993; Nos. 1 and 100, 1994; No. 20, 1995; No. 35, 1996; No. 152, 1997; Nos. 4 and 55, 2001; Nos. 8 and 32, 2005; Nos. 30 and 125, 2006; No. 89, 2010; Nos. 97 and 188, 2011 |
|
|
ad. No. 37, 1993 |
|
|
ad. No. 20, 1995 |
|
|
ad. No. 112, 2001 |
|
|
Part 2.................................. |
rep. No. 32, 2005 |
|
S. 6...................................... |
rep. No. 32, 2005 |
|
Note to s. 6(2).................... |
ad. No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 7...................................... |
am. No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
Ss. 8, 9................................ |
rep. No. 32, 2005 |
|
S. 10.................................... |
am. No. 1, 1994; No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 11.................................... |
am. No. 1, 1994 (as am. by No. 100, 1994) |
|
|
rep. No. 32, 2005 |
|
S. 12.................................... |
am. No. 43, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 13.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 13A-13C....................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 14-17............................ |
rs. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 18, 19............................ |
rep. No. 1, 1994 |
|
S. 20.................................... |
am. No. 1, 1994; No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
Subhead. to s. 21(1) ......... |
ad. No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
S. 21.................................... |
am. No. 1, 1994; No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
S. 21A................................. |
ad. No. 35, 1996 |
|
|
am. No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
S. 22.................................... |
rs. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 23-25............................ |
rep. No. 1, 1994 |
|
S. 26.................................... |
rs. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 27.................................... |
rs. No. 26, 1993 |
|
|
am. No. 1, 1994 |
|
|
rs. No. 35, 1996; No. 120, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 28.................................... |
rep. No. 26, 1993 |
|
S. 29.................................... |
rep. No. 32, 2005 |
|
S. 30.................................... |
rs. No. 26, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 31A................................. |
ad. No. 1, 1994 |
|
|
rs. No. 35, 1996 |
|
|
am. No. 120, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 31.................................... |
am. No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 32.................................... |
am. No. 26, 1993; No. 1, 1994; No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 32A................................. |
ad. No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 33.................................... |
am. No. 26, 1993; No. 1, 1994; No. 35, 1996; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 34.................................... |
rep. No. 32, 2005 |
|
S. 35.................................... |
am. No. 122, 1991; No. 26, 1993; No. 35, 1996; No. 146, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 36.................................... |
am. No. 26, 1993; No. 1, 1994; No. 35, 1996; No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
S. 37 ................................... |
rep. No. 152, 1997 |
|
S. 38.................................... |
rs. No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 39.................................... |
am. No. 26, 1993; No. 1, 1994; No. 35, 1996; No. 120, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 40.................................... |
am. No. 122, 1991; No. 26, 1993; No. 1, 1994; No. 35, 1996; No. 152, 1997; No. 156, 1999; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 41.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 41A................................. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 42.................................... |
am. No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 43.................................... |
rep. No. 32, 2005 |
|
S. 44.................................... |
am. No. 1, 1994; No. 35, 1996; No. 152, 1997; No. 156, 1999; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 45.................................... |
am. No. 1, 1994; No. 20, 1998; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 45A................................. |
ad. No. 1, 1994 |
|
|
am. No. 20, 1998 |
|
|
rep. No. 32, 2005 |
|
S. 45B................................. |
ad. No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 46.................................... |
rep. No. 32, 2005 |
|
S. 47.................................... |
am. No. 1, 1994; No. 159, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 48.................................... |
rep. No. 32, 2005 |
|
S. 49.................................... |
rs. No. 122, 1991 |
|
|
am. No. 146, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 50.................................... |
rep. No. 32, 2005 |
|
S. 51.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 52-54............................ |
rep. No. 32, 2005 |
|
S. 55.................................... |
am. No. 1, 1994; No. 146, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 56.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 57.................................... |
rep. No. 32, 2005 |
|
S. 58.................................... |
am. No. 1, 1994; No. 20, 1995; No. 98, 1997; No. 4, 2001 |
|
|
rep. No. 40, 2002 |
|
S. 59.................................... |
am. No. 20, 1995; No. 4, 2001 |
|
|
rep. No. 40, 2002 |
|
S. 60.................................... |
rep. No. 32, 2005 |
|
S. 61.................................... |
am. No. 1, 1994; No. 20, 1995; Nos. 98 and 152, 1997; No. 4, 2001; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 62.................................... |
am. No. 1, 1994; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 63.................................... |
am. No. 1, 1994; No. 20, 1995; No. 98, 1997; No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
Ss. 64, 65............................ |
rep. No. 32, 2005 |
|
S. 66.................................... |
am. No. 1, 1994; No. 20, 1995; No. 98, 1997; No. 4, 2001; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 67.................................... |
am. No. 1, 1994; No. 152, 1997; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 68.................................... |
am. No. 1, 1994; No. 20, 1995; Nos. 35 and 43, 1996; No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 69 ................................... |
am. No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 70.................................... |
rep. No. 32, 2005 |
|
S. 71.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 72.................................... |
am. No. 1, 1994; No. 20, 1995; No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 73 ................................... |
rep. No. 152, 1997 |
|
S. 74.................................... |
am. No. 1, 1994; No. 152, 1997 |
|
|
rep. No. 32, 2005 |
|
S. 75.................................... |
rep. No. 32, 2005 |
|
S. 76.................................... |
rs. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 20, 1995; No. 35, 1996; No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 77.................................... |
rep. No. 32, 2005 |
|
S. 77A................................. |
ad. No. 1, 1994 |
|
|
am. No. 159, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 77B................................. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 77C................................. |
ad. No. 1, 1994 |
|
|
am. No. 146, 1999 |
|
|
rep. No. 32, 2005 |
|
S. 77D................................. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 77E................................. |
ad. No. 1, 1994 |
|
|
am. No. 146, 1999 |
|
|
rep. No. 32, 2005 |
|
Ss. 77F-77H....................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 77J.................................. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 78.................................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 78A................................. |
ad. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 20, 1995; No. 35, 1996; No. 20, 1998; No. 112, 2001 |
|
|
rep. No. 32, 2005 |
|
Heading to Div. 10 of Part 2............................... |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 79.................................... |
rep. No. 1, 1994 |
|
S. 80.................................... |
rep. No. 32, 2005 |
|
S. 81.................................... |
am. No. 1, 1994; No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 82.................................... |
rep. No. 32, 2005 |
|
Ss. 83, 84............................ |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 85, 86............................ |
rep. No. 32, 2005 |
|
Ss. 86A-86C....................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 87.................................... |
rep. No. 32, 2005 |
|
Ss. 88, 89............................ |
rep. No. 1, 1994 |
|
S. 90.................................... |
am. No. 1, 1994; No. 35, 1996; No. 137, 2000; No. 112, 2001 |
|
|
rep. No. 32, 2005 |
|
Part 3.................................. |
rep. No. 32, 2005 |
|
Heading to Part 3.............. |
rs. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 91.................................... |
am. No. 26, 1993; No. 1, 1994; No. 20, 1995; No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 92.................................... |
rep. No. 32, 2005 |
|
S. 93.................................... |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 94.................................... |
am. No. 1, 1994; No. 20, 1998; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 95.................................... |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 96.................................... |
am. No. 37, 1993; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Ss. 96A-96C....................... |
ad. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 97.................................... |
am. No. 1, 1994; No. 20, 1995 |
|
|
rep. No. 32, 2005 |
|
S. 98.................................... |
rep. No. 32, 2005 |
|
S. 99.................................... |
am. No. 1, 1994; No. 152, 1997; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 100.................................. |
rep. No. 32, 2005 |
|
S. 100A............................... |
ad. No. 37, 1993 |
|
|
am. No. 1, 1994; No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 101.................................. |
am. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 102.................................. |
am. Nos. 26 and 37, 1993; No. 1, 1994; No. 35, 1996; No. 40, 2002; No. 80, 2004; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 103.................................. |
am. No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 104.................................. |
rep. No. 32, 2005 |
|
S. 104A............................... |
ad. No. 37, 1993 |
|
|
rep. No. 1, 1994 |
|
S. 105.................................. |
am. Nos. 26 and 37, 1993; No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 106.................................. |
am. Nos. 26 and 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 107.................................. |
rs. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
Ss. 108-110........................ |
rep. No. 32, 2005 |
|
S. 111.................................. |
am. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 112.................................. |
rep. No. 32, 2005 |
|
S. 113.................................. |
am. Nos. 26 and 37, 1993; No. 1, 1994; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 114.................................. |
rep. No. 32, 2005 |
|
S. 115.................................. |
am. No. 37, 1993; No. 1, 1994; No. 35, 1996; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 115A............................... |
ad. No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 116.................................. |
am. No. 1, 1994 |
|
|
rep. No. 1, 1994 |
|
|
ad. No. 35, 1996 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 117.................................. |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 118.................................. |
rep. No. 32, 2005 |
|
S. 119.................................. |
am. No. 37, 1993; No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 119A............................... |
ad. No. 35, 1996 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 120.................................. |
rep. No. 32, 2005 |
|
S. 121.................................. |
am. Nos. 26 and 37, 1993; No. 1, 1994; Nos. 35 and 43, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 122.................................. |
am. No. 37, 1993; No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Subheads. to s. 122A(1), (2).................................... |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Subheads. to s. 122A(5).... |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Ss. 122A, 122B................... |
ad. No. 37, 1993 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 123.................................. |
am. No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 123A............................... |
ad. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 124.................................. |
am. No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Ss. 124A, 124B................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 124C............................... |
ad. No. 1, 1994 |
|
|
am. No. 146, 1999; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 124D............................... |
ad. No. 1, 1994 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 124E............................... |
ad. No. 1, 1994 |
|
|
am. No. 146, 1999; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Subheads. to s. 124F(1), (2).................................... |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Ss. 124F-124H................... |
ad. No. 1, 1994 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Heading to s. 124J............ |
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 124J................................ |
ad. No. 1, 1994 |
|
|
am. No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 125.................................. |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 126.................................. |
rep. No. 32, 2005 |
|
S. 127.................................. |
am. Nos. 26 and 37, 1993; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127A............................... |
ad. No. 26, 1993 |
|
|
am. No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127B............................... |
ad. No. 26, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 127C............................... |
ad. No. 26, 1993 |
|
|
am. No. 37, 1993; No. 35, 1996; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127D............................... |
ad. No. 26, 1993 |
|
|
am. No. 146, 1999; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127E............................... |
ad. No. 37, 1993 |
|
|
am. No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127F............................... |
ad. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 127G............................... |
ad. No. 37, 1993 |
|
|
am. No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 127H............................... |
ad. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 127J................................ |
ad. No. 37, 1993 |
|
|
am. No. 35, 1996; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
S. 128.................................. |
am. No. 37, 1993; No. 35, 1996; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Ss. 128A-128C................... |
ad. No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 129.................................. |
rep. No. 32, 2005 |
|
Div. 7 of Part 3................... |
rep. No. 32, 2005 |
|
Ss. 130, 131........................ |
am. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 132.................................. |
am. No. 26, 1993 |
|
|
rs. No. 100, 1994 |
|
|
am. No. 100, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 133.................................. |
am. Nos. 1 and 100, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 134-137........................ |
rep. No. 32, 2005 |
|
S. 138.................................. |
am. No. 26, 1993; No. 1, 1994; No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 139.................................. |
rep. No. 32, 2005 |
|
S. 139A............................... |
ad. No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 140.................................. |
am. No. 1, 1994; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
Div. 9 of Part 3 .................. |
rs. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 141.................................. |
rs. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 35, 1996 |
|
|
rep. No. 32, 2005 |
|
S. 141A............................... |
ad. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 141B............................... |
ad. No. 1, 1994 |
|
|
rep. No. 40, 2002 |
|
Ss. 141C-141H.................. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 141J-141N................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 141P-141R................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
S. 141S............................... |
ad. No. 1, 1994 |
|
|
am. No. 1, 1994; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
S. 141T............................... |
ad. No. 1, 1994 |
|
|
rep. No. 40, 2002 |
|
Ss. 141U-141Z................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Ss. 141ZA-141ZE.............. |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
Part 3A |
|
|
Part 3A................................ |
ad. No. 1, 1994 |
|
Division 1 |
|
|
rs. No. 1, 1994 |
|
|
Note to s. 142(2)................ |
ad. No. 152, 1997 |
|
Division 2 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 100, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
Division 3 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 8, 2005 |
|
ad. No. 100, 1994 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 35, 1996 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
Division 4 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 97, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
|
rs. No. 97, 2011 |
|
Division 5 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 100, 1994 |
|
|
|
am. No. 97, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 80, 2004; No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 97, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
rs. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
|
rs. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
rs. No. 100, 1994 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994 |
|
ad. No. 32, 2005 |
|
|
Division 6 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 46, 2011 |
|
Note to s. 143M(1)............. |
ad. No. 46, 2011 |
|
S. 143N............................... |
ad. No. 1, 1994 |
|
|
rep. No. 152, 1997 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999 |
|
ad. No. 1, 1994 |
|
|
Subhead. to s. 143R(3)..... |
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 32, 2005; No. 97, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997; No. 156, 1999 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999 |
|
rs. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997; No. 156, 1999 |
|
Heading to s. 144F............ |
rs. No. 188, 2011 |
|
Subhead. to s. 144F(2)...... |
rs. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005; Nos. 46 and 188, 2011 |
|
Division 7 |
|
|
Heading to Div. 7 of Part 3A............................ |
rs. No. 188, 2011 |
|
Heading to s. 144G........... |
rs. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 159, 2001; No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999; No. 188, 2011 |
|
Heading to s. 144L............ |
rs. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005; Nos. 46 and 188, 2011 |
|
Note to s. 144L................... |
ad. No. 46, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 188, 2011 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 188, 2011 |
|
Division 8 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999; No. 188, 2011 |
|
Notes 1, 2 to s. 144R......... |
am. No. 32, 2005 |
|
S. 144S............................... |
ad. No. 1, 1994 |
|
|
rep. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
Notes 1, 2 to s. 144T......... |
am. No. 32, 2005 |
|
Division 9 |
|
|
ad. No. 98, 1997 |
|
|
|
am. No. 8, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 152, 1997 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997; No. 8, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. Nos. 98 and 152, 1997 |
|
Heading to s. 144ZB......... |
am. No. 152, 1997 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997 |
|
S. 144ZC............................. |
ad. No. 1, 1994 |
|
|
rep. No. 152, 1997 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 152, 1997; No. 188, 2011 |
|
Division 10 |
|
|
Heading to Div. 10 of........ |
rs. No. 32, 2005 |
|
Heading to s. 144ZE......... |
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
Division 11 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 146, 1999 |
|
ad. No. 1, 1994 |
|
|
ad. No. 1, 1994 |
|
|
|
am. No. 46, 2011 |
|
Note to s. 144ZP................ |
ad. No. 46, 2011 |
|
ad. No. 1, 1994 |
|
|
Part 4 |
|
|
Heading to Part 4.............. |
rs. No. 4, 2001 |
|
Division 1 |
|
|
Heading to Div. 1 of Part 4........................................ |
rs. No. 4, 2001 |
|
Heading to s. 145.............. |
rs. No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
Note to s. 145(2) ............... |
ad. No. 152, 1997 |
|
|
am. No. 4, 2001 |
|
Heading to s. 146.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part 4........................................ |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
Heading to s. 147.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
am. No. 20, 1995; No. 4, 2001 |
|
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
am. No. 20, 1995; No. 152, 1997; No. 4, 2001 |
|
|
|
rs. No. 32, 2005 |
|
Heading to s. 152.............. |
am. No. 20, 1995; No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
am. No. 20, 1995; No. 4, 2001; Nos. 8 and 32, 2005 |
|
|
Heading to s. 154.............. |
am. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
Division 3 |
|
|
Heading to Div. 3 of Part 4........................................ |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
Heading to s. 155.............. |
am. No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
Heading to s. 156.............. |
am. No. 20, 1995 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 32, 2005 |
|
Heading to s. 157.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
am. No. 1, 1994; No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 32, 2005 |
|
Heading to s. 158.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001; No. 32, 2005 |
|
am. No. 1, 1994; No. 20, 1995 |
|
|
|
rs. No. 4, 2001; No. 32, 2005 |
|
Division 4 |
|
|
am. No. 1, 1994; No. 20, 1995; Nos. 4 and 159, 2001 |
|
|
am. No. 20, 1995; No. 4, 2001 |
|
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001; No. 46, 2011 |
|
|
Notes to s. 162(1)-(3)....... |
ad. No. 46, 2011 |
|
S. 163.................................. |
am. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
am. No. 1, 1994; No. 20, 1995; No. 152, 1997; No. 156, 1999 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
Division 5 |
|
|
Heading to Div. 5 of Part 4........................................ |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
Heading to s. 167.............. |
am. No. 20, 1995 |
|
am. No. 20, 1995; No. 152, 1997; No. 156, 1999; No. 4, 2001 |
|
|
Division 6 |
|
|
Heading to Div. 6 of Part 4........................................ |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001; No. 188, 2011 |
|
Heading to s. 168.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001; No. 188, 2011 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 188, 2011 |
|
am. No. 20, 1995; Nos. 4 and 159, 2001; No. 188, 2011 |
|
|
am. No. 20, 1995; No. 4, 2001; No. 188, 2011 |
|
|
Heading to s. 172.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001; No. 188, 2011 |
|
am. No. 20, 1995; No. 4, 2001; Nos. 46 and 188, 2011 |
|
|
Note to s. 172..................... |
ad. No. 46, 2011 |
|
ad. No. 35, 1996 |
|
|
|
am. No. 4, 2001; No. 188, 2011 |
|
am. No. 20, 1995; No. 4, 2001; No. 188, 2011 |
|
|
Division 7 |
|
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 188, 2011 |
|
Heading to s. 176.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 176.................................. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 188, 2011 |
|
am. No. 20, 1995; No. 20, 1998 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 188, 2011 |
|
Division 8 |
|
|
Heading to s. 179.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
S. 180.................................. |
am. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
Heading to s. 181.............. |
am. No. 20, 1995; No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
ad. No. 32, 2005 |
|
|
Heading to s. 182.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. No. 188, 2011 |
|
am. No. 20, 1995; No. 4, 2001; Nos. 8 and 32, 2005 |
|
|
Heading to s. 184.............. |
am. No. 20, 1995; No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
Heading to s. 186.............. |
am. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
S. 186.................................. |
am. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
Heading to s. 187.............. |
am. No. 20, 1995; No. 4, 2001 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
am. No. 20, 1995 |
|
|
|
rep. No. 152, 1997 |
|
|
ad. No. 32, 2005 |
|
Division 9 |
|
|
Heading to s. 190.............. |
am. No. 20, 1995 |
|
|
rs. No. 4, 2001; No. 188, 2011 |
|
am. No. 20, 1995 |
|
|
|
rs. No. 4, 2001 |
|
|
am. Nos. 46 and 188, 2011 |
|
Subhead. to s. 191(2A)...... |
ad. No. 188, 2011 |
|
Subheads. to s. 191(3), (4)........................................ |
ad. No. 188, 2011 |
|
am. No. 20, 1995; Nos. 35 and 43, 1996; No. 137, 2000; Nos. 4 and 112, 2001; No. 32, 2005; No. 188, 2011 |
|
|
S. 191AA............................. |
ad. No. 188, 2011 |
|
Part 4A |
|
|
Heading to Part 4A............ |
rs. No. 30, 2006 |
|
Part 4A................................ |
ad. No. 20, 1995 |
|
Division 1 |
|
|
ad. No. 20, 1995 |
|
|
Note to s. 191A(2) ............. |
ad. No. 152, 1997 |
|
ad. No. 20, 1995 |
|
|
Division 2 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
ad. No. 32, 2005 |
|
|
ad. No. 20, 1995 |
|
|
S. 191K............................... |
ad. No. 20, 1995 |
|
|
rep. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997; No. 32, 2005; No. 89, 2010 |
|
S. 191M............................... |
ad. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
Division 3 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
Division 4 |
|
|
ad. No. 20, 1995 |
|
|
ad. No. 35, 1996 |
|
|
ad. No. 20, 1995 |
|
|
Division 5 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005; No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
|
am. Nos. 8 and 32, 2005 |
|
ad. No. 20, 1995 |
|
|
Division 6 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 146, 1999 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 46, 2011 |
|
Notes to s. 192E(1)-(3)..... |
ad. No. 46, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997; No. 156, 1999; No. 32, 2005 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005 |
|
Division 7 |
|
|
Subhead. to s. 192J(3)...... |
am. No. 152, 1997; No. 156, 1999 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997; No. 156, 1999 |
|
Division 8 |
|
|
Heading to Div. 8 of.......... |
rs. No. 188, 2011 |
|
Heading to s. 192K............ |
rs. No. 188, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Heading to s. 192N........... |
rs. No. 188, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Heading to s. 192P............ |
rs. No. 188, 2011 |
|
Subhead. to s. 192P(1)...... |
rep. No. 46, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. Nos. 46 and 188, 2011 |
|
Note to s. 192P.................. |
ad. No. 46, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Division 9 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Heading to s. 192T............ |
am. No. 4, 2001; No. 32, 2005 |
|
Subhead. to s. 192T(2)...... |
rep. No. 188, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 4, 2001; No. 32, 2005; No. 188, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Division 10 |
|
|
Heading to Div. 10 of........ |
rs. No. 30, 2006 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997 |
|
|
rs. No. 30, 2006 |
|
Heading to s. 192X............ |
am. No. 30, 2006 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005; No. 30, 2006 |
|
ad. No. 20, 1995 |
|
|
|
rs. No. 89, 2010 |
|
S. 192Z............................... |
ad. No. 20, 1995 |
|
|
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
Heading to s. 193.............. |
am. No. 30, 2006 |
|
|
rs. No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 30, 2006 |
|
|
rs. No. 89, 2010 |
|
Heading to s. 193AA......... |
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
S. 193AA............................. |
ad. No. 20, 1995 |
|
|
am. No. 8, 2005; No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
Heading to s. 193A............ |
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
S. 193A............................... |
ad. No. 20, 1995 |
|
|
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
S. 193B............................... |
ad. No. 20, 1995 |
|
|
rep. No. 32, 2005 |
|
Heading to s. 193C........... |
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
S. 193C............................... |
ad. No. 20, 1995 |
|
|
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
S. 193D............................... |
ad. No. 20, 1995 |
|
|
rep. No. 89, 2010 |
|
S. 193E............................... |
ad. No. 20, 1995 |
|
|
am. No. 30, 2006 |
|
|
rep. No. 89, 2010 |
|
Note to s. 193E(3).............. |
rep. No. 30, 2006 |
|
S. 193F............................... |
ad. No. 20, 1995 |
|
|
rep. No. 152, 1997 |
|
Heading to s. 193G........... |
am. No. 30, 2006 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 152, 1997; No. 30, 2006; No. 89, 2010 |
|
Note to s. 193G(1)............. |
rep. No. 152, 1997 |
|
ad. No. 20, 1995 |
|
|
|
am. Nos. 8 and 32, 2005; No. 30, 2006; No. 89, 2010 |
|
Heading to s. 193I............. |
am. No. 30, 2006 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005; No. 30, 2006; No. 89, 2010 |
|
Division 11 |
|
|
ad. No. 20, 1995 |
|
|
ad. No. 20, 1995 |
|
|
|
rs. No. 152, 1997 |
|
|
am. No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 89, 2010 |
|
Note to s. 193L(2).............. |
rep. No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005; No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 89, 2010 |
|
Note to s. 193N(1)............. |
rep. No. 89, 2010 |
|
ad. No. 20, 1995 |
|
|
Division 12 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 32, 2005; No. 89, 2010 |
|
Division 13 |
|
|
ad. No. 20, 1995 |
|
|
|
am. No. 112, 2001; No. 188, 2011 |
|
Division 14 |
|
|
Heading to s. 193T............ |
rs. No. 188, 2011 |
|
ad. No. 20, 1995 |
|
|
|
am. No. 188, 2011 |
|
Division 15 |
|
|
Div. 15 of Part 4A............... |
ad. No. 89, 2010 |
|
S. 192 |
|
|
rep. No. 32, 2005 |
|
|
|
ad. No. 89, 2010 |
|
Part 4B ............................... |
ad. No. 32, 2005 |
|
|
rep. No. 148, 2010 |
|
S. 193 |
|
|
rep. No. 152, 1997 |
|
|
|
ad. No. 32, 2005 |
|
|
rep. No. 148, 2010 |
|
ad. No. 32, 2005 |
|
|
|
rep. No. 148, 2010 |
|
ad. No. 32, 2005 |
|
|
|
am. No. 93, 2006 |
|
|
rep. No. 148, 2010 |
|
ad. No. 32, 2005 |
|
|
|
rep. No. 148, 2010 |
|
ad. No. 32, 2005 |
|
|
|
rep. No. 148, 2010 |
|
Part 5 |
|
|
Heading to Part 5.............. |
am. No. 1, 1994 |
|
am. No. 43, 1996 |
|
|
S. 194A............................... |
ad. No. 37, 1993 |
|
|
rep. No. 32, 2005 |
|
S. 195.................................. |
am. No. 1, 1994; No. 40, 2002 |
|
|
rep. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
S. 196.................................. |
am. No. 1, 1994; No. 4, 2001; No. 40, 2002; No. 32, 2005 |
|
|
rep. No. 32, 2005 |
|
ad. No. 1, 1994 |
|
|
|
am. No. 100, 1994; No. 20, 1998 |
|
am. No. 35, 1996; No. 137, 2000 |
|
|
am. No. 35, 1996; No. 112, 2001 |
|
|
am. No. 1, 1994; No. 137, 2000; No. 112, 2001; No. 32, 2005; No. 4, 2010 |
|
|
am. No. 1, 1994; Nos. 114 and 152, 1997; No. 146, 1999; No. 188, 2011 |
|
|
ad. No. 32, 2005 |
|
|
|
am. No. 32, 2005; No. 188, 2011 |
|
ad. No. 8, 2005 |
|
|
S. 200B............................... |
ad. No. 32,
2005 |
|
am. No. 89, 2010 |
|
|
Note 1 to s. 200C(2).......... |
am. No. 46, 2011 |
|
am. No. 37, 1993; No. 1, 1994; No. 43, 1996; No. 32, 2005 |
|
|
Part 6 |
|
|
Heading to Part 6.............. |
am. No. 1, 1994 |
|
Division 1 |
|
|
am. No. 32, 2005 |
|
|
Div. 2 of Part 6 .................. |
rep. No. 1, 1994 |
|
S. 203.................................. |
rep. No. 1, 1994 |
|
Division 3 |
|
|
Ss. 204, 205........................ |
rep. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
S. 207.................................. |
rep. No. 32, 2005 |
|
Heading to s. 208.............. |
am. No. 20, 1995 |
|
|
rep. No. 4, 2001 |
|
S. 208.................................. |
am. No. 20, 1995 |
|
|
rep. No. 4, 2001 |
|
S. 209.................................. |
rep. No. 32, 2005 |
|
Heading to s. 210.............. |
am. No. 20, 1995; No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
S. 210.................................. |
am. No. 20, 1995; No. 4, 2001 |
|
|
rep. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
Ss. 212-214........................ |
rep. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001; No. 32, 2005 |
|
|
S. 217.................................. |
rep. No. 32, 2005 |
|
Division 4 |
|
|
S. 218.................................. |
rep. No. 32, 2005 |
|
am. No. 32, 2005 |
|
|
S. 221.................................. |
rep. No. 32, 2005 |
|
am. No. 20, 1995; No. 4, 2001 |
|
|
Div. 5 of Part 6 .................. |
rep. No. 1, 1994 |
|
Ss. 223-232........................ |
rep. No. 1, 1994 |
|
Schedule 1......................... |
rs. Nos. 26 and 37, 1993 |
|
|
am. No. 1, 1994 |
|
|
rs. No. 32, 2005 |
|
|
rep. No. 33, 2010 |
|
Schedule 2 |
|
|
Heading to Schedule 2..... |
rs. No. 32, 2005 |
|
Note to heading of............ |
rs. No. 33, 2010 |
|
Schedule 2......................... |
am. No. 37, 1993; No. 100, 1994; No. 32, 2005 |
|
Schedule 2A |
|
|
Heading to Schedule 2A... |
rs. No. 32, 2005 |
|
Note to heading of............ |
rs. No. 33, 2010 |
|
Schedule 2A....................... |
ad. No. 37, 1993 |
|
|
am. No. 100, 1994; No. 32, 2005 |
|
Schedule 2B....................... |
ad. No. 1, 1994 |
|
|
rep. No. 100, 1994 |
|
Schedule 3......................... |
rep. No. 32, 2005 |
|
Schedule 4 |
|
|
Schedule 4......................... |
am. Nos. 1 and 100, 1994; No. 140, 2003; No. 62, 2004; No. 32, 2005; No. 5, 2011 |
Table A
Application, saving or transitional provisions
Aboriginal
and Torres Strait Islander Commission Amendment Act 1996
(No. 35,
1996)
Schedule 1
5 Transitional
(1) This item applies only if this Act receives the Royal Assent on or before 12 September 1996.
(2) The amendment made by item 4 extends to the round of Regional Council elections for which the election period started on 12 July 1996 (the current round of Regional Council elections).
(3) The Regional Council Election Rules are amended by repealing Schedule 1 and substituting the Schedule set out at the end of this item.
(4) The amendment of the Regional Council Election Rules made by subitem (3) is taken to have been duly made by the Minister under section 113 of the Aboriginal and Torres Strait Islander Commission Act 1989 and may be amended or repealed by further rules made by the Minister under that section.
(5) Despite paragraph 100(b) of the Aboriginal and Torres Strait Islander Commission Act 1989, the current round of Regional Council elections is to be conducted by the Australian Electoral Commission in accordance with the Regional Council Election Rules referred to in that paragraph as amended by subitem (3).
(6) If:
(a) before the commencement of this Act, the authorised electoral officer, under subsection 107(1) of the Aboriginal and Torres Strait Islander Commission Act 1989, declared, in relation to the current round of Regional Council elections, a candidate or candidates who nominated for election as the member or members for a Regional Council ward to be duly elected; and
(b) the number of candidates nominated for election as the member or members for that Regional Council ward was greater than the number that, under that Act as amended by this Act, is the designated number in relation to the ward;
the declaration is taken not to have been made and a poll must be held.
SCHEDULE TO BE INSERTED IN REGIONAL COUNCIL ELECTION RULES
SCHEDULE 1 Rule 2A
|
Column 1 Region that contains the following place |
Column 2 |
Column 3 |
Column 4 Map depicting boundaries of wards |
|
PART 1 NEW SOUTH WALES |
|||
|
Coffs Harbour |
Gattang |
7 |
ATSIC Coffs Harbour Region - ATSIC 96/1 |
|
Tamworth |
Gomilaroi |
5 |
ATSIC Tamworth Region - ATSIC 96/2 |
|
Sydney |
Sydney |
12 |
ATSIC Sydney Region - ATSIC 96/3 |
|
Bourke |
Wangkumara |
7 |
ATSIC Bourke Region - ATSIC 96/4 |
|
Wagga Wagga |
Deniliquin |
1 |
ATSIC Wagga Wagga Region - ATSIC 96/5 |
|
Queanbeyan |
Bogong |
5 |
ATSIC Queanbeyan Region - ATSIC 96/6 |
|
PART 2 - NORTHERN TERRITORY |
|||
|
Katherine |
1 |
ATSIC Katherine Region - ATSIC 96/7 |
|
|
Jabiru |
Tiwi Islands |
3 |
ATSIC Jabiru Region - ATSIC 96/8 |
|
Nhulunbuy |
West |
5 |
ATSIC Nhulunbuy Region - ATSIC 96/9 |
|
Darwin |
6 |
ATSIC Darwin Region - ATSIC 96/10 |
|
|
Alice Springs |
Alice Springs |
10 |
ATSIC Alice Springs Region - ATSIC 96/11 |
|
Tennant Creek |
Tennant Creek |
9 |
ATSIC Tennant Creek Region - ATSIC 96/12 |
|
Apatula |
Papunya |
6 |
ATSIC Apatula Region - ATSIC 96/13 |
|
PART 3 - QUEENSLAND |
|||
|
Cooktown |
Cooktown |
10 |
ATSIC Cooktown Region - ATSIC 96/14 |
|
Mt Isa |
Burke |
2 |
ATSIC Mt Isa Region - ATSIC 96/15 |
|
Brisbane |
Brisbane |
6 |
ATSIC Brisbane Region - ATSIC 96/16 |
|
Cairns |
Cairns |
12 |
ATSIC Cairns Region - ATSIC 96/17 |
|
Townsville |
Townsville |
4 |
ATSIC Townsville Region - ATSIC 96/18 |
|
Roma |
Roma |
11 |
ATSIC Roma Region - ATSIC 96/19 |
|
Rockhampton |
Rockhampton |
11 |
ATSIC Rockhampton Region - ATSIC 96/20 |
|
PART 4 - SOUTH AUSTRALIA |
|||
|
Adelaide |
Kaurna |
8 |
ATSIC Adelaide Region - ATSIC 96/21 |
|
Port Augusta |
Amata |
2 |
ATSIC Port Augusta Region - ATSIC 96/22 |
|
Ceduna |
Wangka Pulka |
4 |
ATSIC Ceduna Region - ATSIC 96/23 |
|
PART 5 - TASMANIA |
|||
|
Hobart |
Hobart |
12 |
ATSIC Hobart Region - ATSIC 96/24 |
|
PART 6 - VICTORIA |
|||
|
Wangaratta |
Gippsland |
3 |
ATSIC Wangaratta Region - ATSIC 96/26 |
|
Ballarat |
Tumbukka |
7 |
ATSIC Ballarat Region - ATSIC 96/27 |
|
PART 7 - WESTERN AUSTRALIA |
|||
|
Perth |
Perth |
12 |
ATSIC Perth Region - ATSIC 96/28 |
|
Narrogin |
Moora |
1 |
ATSIC Narrogin Region - ATSIC 96/29 |
|
Derby |
Jayida Buru |
5 |
ATSIC Derby Region - ATSIC 96/30 |
|
Kununurra |
Wunan |
5 |
ATSIC Kununurra Region - ATSIC 96/31 |
|
Broome |
Broome |
5 |
ATSIC Broome Region - ATSIC 96/32 |
|
South Hedland |
Port Hedland |
4 |
ATSIC South Hedland Region - ATSIC 96/33 |
|
Geraldton |
Geraldton |
10 |
ATSIC Geraldton Region -
ATSIC 96/34 |
|
Kalgoorlie |
Town |
4 |
ATSIC Kalgoorlie Region - ATSIC 96/35 |
|
Warburton |
Western Desert |
4 |
ATSIC Warburton Region - ATSIC 96/36 |
37 Application
The amendment made by item 36 applies to determinations made after the commencement of that item.
39 Application
The amendment made by item 38 applies to rules made after the commencement of that item.
69 Application
(1) In this item:
appointment day means the day, or the earliest day, on which the Minister appoints a person as a Commissioner after the person has been elected in the first zone election (other than a zone election for the Torres Strait zone) held after the end of the election period that started on 12 July 1996.
deferred items means items 1, 2, 3, 7, 8, 9, 10, 15, 18, 19, 22, 24, 25, 26, 27, 28 and 56.
(2) The amendments made by the deferred items do not apply until the appointment day.
(3) The person who held office as the Commission Chairperson immediately before the appointment day ceases to hold that office on that day.
Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997 (No. 98, 1997)
Schedule 1
8 Application
The amendments made by items 1 to 7 apply in relation to the financial year beginning on 1 July 1997 and later financial years.
Aboriginal
and Torres Strait Islander Commission Amendment Act 1998
(No. 20, 1998)
Schedule 1
12 Application of amendment of section 21
(1) The amendment of section 21 of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule applies to disposals of interests (and purported disposals of interests) on or after the day on which this Act receives the Royal Assent.
(2) A consent given by the Commission before that day remains effective for the purposes of that section on and after that day (despite that amendment).
13 Application of amendments of paragraph 45(1)(a) and subsection 45A(1)
The amendments of paragraph 45(1)(a) and subsection 45A(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule do not affect delegations under instruments made before the day on which this Act receives the Royal Assent.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Aboriginal and Torres Strait Islander Commission
Amendment Act 2001
(No. 4, 2001)
Schedule 1
61 Saving of appointments of acting Deputy Chairperson and acting Director
If an appointment of a person to act as the Deputy Chairperson, or as a Director, of the Board of Directors of the Aboriginal and Torres Strait Islander Commercial Development Corporation under subsection 162(2) or (3) of the Aboriginal and Torres Strait Islander Commission Act 1989 was in force immediately before the commencement of item 60, and the appointment did not end at that time, the appointment is not affected by the amendment made by that item but continues in force as if it had been made under subsection 162(2) or (3), as the case may be, substituted in that Act by that item.
74 Saving of existing appointment of General Manager
If a person held office as General Manager of the Aboriginal and Torres Strait Islander Commercial Development Corporation under subsection 168(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 immediately before the commencement of item 73 under an appointment that did not end at that time, the appointment is not affected by the amendment made by that item but continues in force as if it had been made under subsection 168(1) substituted in that Act by that item.
77 Saving of existing engagements of employees and consultants
Any engagement of an employee under section 175, or any engagement of a consultant under section 178, of the Aboriginal and Torres Strait Islander Commission Act 1989 that was in force immediately before the commencement of item 76 and did not end at that time is not affected by the amendment made by that item and continues in force as if it had been entered into under section 175 or 178, as the case may be, substituted in that Act by that item.
89 Saving of existing delegations
Any delegation that was in force under section 190 of the Aboriginal and Torres Strait Islander Commission Act 1989 immediately before the commencement of item 88 and did not end at that time is not affected by the amendment made by that item and continues in force as if it had been given under section 190 substituted in that Act by that item.
Reconciliation and Aboriginal and Torres Strait Islander Affairs Legislation Amendment (Application of Criminal Code) Act 2001 (No. 112, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)
Schedule 1
97 Application of amendments
The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.
Aboriginal and Torres Strait Islander Commission Amendment Act 2002 (No. 40, 2002)
A request that a body corporate purported to make before the commencement of this section under the subsection repealed by item 46 of Schedule 1, 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.
Bankruptcy Legislation Amendment Act 2004 (No. 80, 2004)
Schedule 1
212 Transitional--pre-commencement deeds and compositions
(1) For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the Bankruptcy Act 1966 before the commencement of this item, the deed is a pre-commencement deed.
(2) For the purposes of this item, if a composition was accepted before the commencement of this item by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966, the composition is a pre-commencement composition.
(3) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement deed; and
(d) a pre-commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre-commencement deed; or
(ii) a pre-commencement composition;
as if those repeals had not happened and those amendments had not been made.
213 Transitional--pre-commencement authorities
(1) For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before the commencement of this item; and
(b) as at the commencement of this item, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966;
(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966;
(iii) the acceptance of a composition by a special resolution of a meeting of the debtor's creditors under section 204 of the Bankruptcy Act 1966;
the authority is a pre-commencement authority.
(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement authority; and
(d) the control of the debtor's property following a pre-commencement authority becoming effective; and
(e) a meeting of the debtor's creditors called under a pre-commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre-commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
215 Transitional--regulations
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2) The Governor-General may make regulations for the purposes of subitem (1).
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
Schedule 2
174 Saving provision--provisions that formerly referred to the Treasurer
(1) Any thing that:
(a) was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and
(b) was in effect immediately before the commencing time;
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.
Aboriginal
and Torres Strait Islander Commission Amendment Act 2005
(No. 32,
2005)
Schedule 1
191 Transitional arrangements--Interpretation
(1) In this Part, unless the contrary intention appears:
assets means property of every kind and, without limiting the generality of the foregoing, includes:
(a) choses in action; and
(b) rights, interests and claims of every kind in or to property, whether arising under an instrument or otherwise, and whether legal or equitable, liquidated or unliquidated, certain or contingent, accrued or accruing.
ATSIC abolition day means the day on which Schedules 1 and 2 to this Act commence.
ATSIC Act means the Aboriginal and Torres Strait Islander Commission Act 1989.
authorised officer means the Minister, the Secretary of the Department or any other person authorised by the Minister for the purposes of this Part.
business loan instrument means an instrument subsisting immediately before ATSIC abolition day under which:
(a) the Commonwealth makes a business loan, or makes a grant relating to a business loan, under a business loans program; or
(b) the Commonwealth takes a security, or gives a guarantee, in respect of a business loan, under a business loans program; or
(c) the Commonwealth protects its interest in such a business loan or grant or in respect of such a security or guarantee.
business loans program means a program of expenditure (other than expenditure under Part 2 of the ATSIC Act) that is declared by the Minister, by notice in writing, to be a business loans program.
class A exempted asset has the meaning given by item 192.
class A exempted instrument has the meaning given by item 193.
class A exempted liability has the meaning given by item 192.
class B exempted asset has the meaning given by item 192.
class B exempted instrument has the meaning given by item 193.
class B exempted liability has the meaning given by item 192.
Commission means the Aboriginal and Torres Strait Islander Commission that was established under section 6 of the ATSIC Act.
Commissioner means a member of the Commission.
Commission instrument means an instrument subsisting immediately before ATSIC abolition day:
(a) to which the Commission or a Commission predecessor was a party; or
(b) that was given to, or in favour of, the Commission or a Commission predecessor; or
(c) in which a reference is made to the Commission or a Commission predecessor; or
(d) under which money is or was, or may become or may have become, payable to the Commission or a Commission predecessor; or
(e) under which any other property is or was to be, or may become liable to be or to have been, transferred to or by the Commission or a Commission predecessor.
Commission predecessor means:
(a) the Aboriginal Loans Commission established by section 6 of the Aboriginal Loans Commission Act 1974; or
(b) the Department of Aboriginal Affairs, the Minister for Aboriginal Affairs or any officer of that Department; or
(c) the Aboriginal Development Commission.
Housing Fund means the fund of that name that was established under section 67 of the ATSIC Act.
liabilities means liabilities of every kind and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising at law or in equity, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.
Regional Councils abolition day means the day on which Schedule 3 to this Act commences.
Regional Land Fund means the fund of that name that was established under section 68 of the ATSIC Act.
Secretary means the Secretary of the Department.
(2) In this Part, a reference to a grant that is declared to be a class A exempted asset or a class B exempted asset is taken to include a reference to a right in relation to such a grant that is so declared.
(3) A declaration by the Minister that a program of expenditure is a business loans program is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
192 Transfer of assets and liabilities
(1) On ATSIC abolition day:
(a) any assets, other than class A or class B exempted assets, that, immediately before that day, were vested in the Commission are, by force of this item, vested in the Commonwealth; and
(b) the Commonwealth becomes, by force of this item, liable to pay and discharge liabilities of the Commission, other than class A or class B exempted liabilities, that existed immediately before that day.
(2) On ATSIC abolition day:
(a) any assets comprising:
(i) class A exempted assets, that, immediately before that day, were vested in the Commission; or
(ii) the interest of the Commonwealth in any grant or loan made under a business loans program or in any security taken under such a program in respect of a business loan;
are, by force of this item, vested in Indigenous Business Australia; and
(b) so far as those assets are class A exempted assets comprising money standing to the credit of the Housing Fund--that money becomes money of the New Housing Fund; and
(c) Indigenous Business Australia becomes, by force of this item, liable to pay and discharge the class A exempted liabilities of the Commission that existed immediately before that day; and
(d) Indigenous Business Australia becomes, by force of this item, liable to pay and discharge liabilities of the Commonwealth that existed immediately before that day in relation to grants or loans made under a business loans program or in relation to any security taken or guarantee given under such a program.
(3) On ATSIC abolition day:
(a) any class B exempted assets that, immediately before that day, were vested in the Commission:
(i) are, by force of this item, vested in the Indigenous Land Corporation; and
(ii) so far as those class B exempted assets comprised money standing to the credit of the Regional Land Fund--may be used by the Indigenous Land Corporation only as permitted in accordance with item 194 of this Act; and
(b) the Indigenous Land Corporation becomes, by force of this item, liable to pay and discharge the class B exempted liabilities of the Commission that existed immediately before that day.
(4) If an asset that has become an asset of the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation by force of subitem (1), (2) or (3) was, immediately before ATSIC abolition day, held by the Commission on trust, that asset is taken, on and after that day, to be held by the body to which it is transferred on trust and subject to the terms of the trust on which the asset was so held by the Commission.
(5) In this item:
class A exempted asset means:
(a) the money standing to the credit of the Housing Fund immediately before ATSIC abolition day; or
(b) any housing loan or business loan made by, or vested in, the Commission that is declared by the Minister, by notice in writing, to be a class A exempted asset; or
(c) any other asset of the Commission that is declared by the Minister, by notice in writing, to be a class A exempted asset.
class A exempted liability means any liability of the Commission that is declared by the Minister, by notice in writing, to be a class A exempted liability.
class B exempted asset means:
(a) the money standing to the credit of the Regional Land Fund immediately before ATSIC abolition day; or
(b) any other asset of the Commission that is declared by the Minister, by notice in writing, to be a class B exempted asset.
class B exempted liability means any liability of the Commission that is declared by the Minister, by notice in writing, to be a class B exempted liability.
(6) A notice that declares assets to be class A or class B exempted assets or declares liabilities to be class A or class B exempted liabilities:
(a) may identify those assets or liabilities by class or in any other manner; and
(b) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
193 Commission instruments
(1) A Commission instrument (other than a class A or class B exempted instrument) in force immediately before ATSIC abolition day has effect on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to the Commission or to a Commission predecessor were a reference to the Commonwealth.
(2) A class A exempted instrument in force immediately before ATSIC abolition day has effect on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to the Commission or to a Commission predecessor were a reference to Indigenous Business Australia.
(3) A business loan instrument, in force immediately before ATSIC abolition day, has effect on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to the Commonwealth were a reference to Indigenous Business Australia.
(4) A class B exempted instrument, in force immediately before ATSIC abolition day, has effect on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to the Commission or to a Commission predecessor, were a reference to the Indigenous Land Corporation.
(5) In this item:
class A exempted instrument means any Commission instrument that is declared by the Minister, by notice in writing, to be a class A exempted instrument.
class B exempted instrument means any Commission instrument that is declared by the Minister, by notice in writing, to be a class B exempted instrument.
(6) A notice that declares Commission instruments to be class A or class B exempted instruments:
(a) may identify those instruments by class or in any other manner; and
(b) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
194 Constraints on expenditure of money transferred from Regional Land Fund
(1) If class B exempted assets that are vested in the Indigenous Land Corporation comprise money that stood to the credit of the Regional Land Fund immediately before ATSIC abolition day, that money may only be used by the Indigenous Land Corporation:
(a) during the period starting on that day and ending immediately before Regional Councils abolition day--if the money is applied:
(i) to make a grant to a person or body on condition that the grant money is spent in acquiring an interest in land and that acquisition has been proposed by a Regional Council; or
(ii) to acquire an interest in land for the purpose of transferring that interest to a person or body, where that acquisition has been proposed by a Regional Council;
and the grant so made or the transfer for which the interest in land was acquired will further the social, economic and cultural development of Aboriginal persons or Torres Strait Islanders; and
(b) on and after Regional Councils abolition day--in performing any function conferred on the Indigenous Land Corporation by the Aboriginal and Torres Strait Islander Act 2005.
(2) Any interest in land acquired by the Indigenous Land Corporation for the purpose referred to in subparagraph (1)(a)(ii) must be transferred to a person or body in accordance with that purpose.
195 Pending proceedings
(1) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party, other than proceedings relating to:
(a) a class A or class B exempted asset; or
(b) a class A or class B exempted liability; or
(c) a class A or class B exempted instrument; or
(d) a loan or grant made, a security taken, or a guarantee given, under a business loans program;
were pending in any court or tribunal, the Commonwealth is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.
(2) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party and that relate to:
(a) a class A exempted asset; or
(b) a class A exempted liability; or
(c) a class A exempted instrument;
were pending in any court or tribunal, Indigenous Business Australia is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.
(3) If, immediately before ATSIC abolition day, proceedings to which the Commonwealth was a party and that relate to a loan or grant made, a security taken, or a guarantee given, under a business loans program were pending in any court or tribunal, Indigenous Business Australia is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commonwealth as a party to the proceedings and has the same rights in the proceedings as the Commonwealth had.
(4) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party and that relate to:
(a) a class B exempted asset; or
(b) a class B exempted liability; or
(c) a class B exempted instrument;
were pending in any court or tribunal, the Indigenous Land Corporation is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.
196 Final report and financial statements for Commission
(1) The Secretary must, as soon as practicable after ATSIC abolition day, prepare and give to the Minister:
(a) a report on the operations of the Commission during the period (in this section called the closure period) commencing on 1 July 2004 and ending immediately before ATSIC abolition day; and
(b) financial statements that relate to the Commission during that period in such form as the Minister administering the Commonwealth Authorities and Companies Act 1997 approves.
(2) The report prepared by the Secretary in accordance with paragraph (1)(a):
(a) must include particulars of any directions given to the Commission during the closure period under section 12 of the ATSIC Act; and
(b) must not disclose any matters known to the Secretary to be held sacred by Aboriginal persons or Torres Strait Islanders or by any particular community or group of Aboriginal persons or Torres Strait Islanders.
(3) Subject to any direction by the Minister administering the Commonwealth Authorities and Companies Act 1997, the financial statements prepared by the Secretary under paragraph (1)(b) must deal with the Housing Fund and the Regional Land Fund separately from each other and from the other finances of the Commission, and must:
(a) in the case of the Housing Fund--properly reflect the state of the Fund immediately before ATSIC abolition day; and
(b) in the case of the Regional Land Fund--properly reflect the state of the Fund immediately before ATSIC abolition day.
(4) A direction referred to in subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(5) Before giving financial statements to the Minister under subitem (1), the Secretary must give them to the Auditor-General, who must report to the Minister:
(a) whether, in the Auditor-General's opinion, the statements are based on proper accounts and records; and
(b) whether the statements are in agreement with the accounts and records and, in the Auditor-General's opinion, show fairly the financial transactions and state of affairs of the Commission; and
(c) whether, in the Auditor-General's opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets by the Commission during the closure period were in accordance with the ATSIC Act; and
(d) such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
(6) The Secretary and the Auditor-General may, in discharging their obligations under this item, rely on accounts and records of the Commission that are in the possession of the Commonwealth or to which the Secretary is allowed access, and on any other information provided to a person who was a member of the Commission or who was a member of the staff of the Commission.
(7) The Minister must cause copies of the reports and financial reports, together with a copy of the report to the Auditor-General, to be laid before each House of the Parliament within 15 sittings days of that House after the receipt by the Minister.
197 Certificates relating to assets, liabilities and instruments
(1) An authorised officer may certify, in writing, that:
(a) an asset or liability specified in the certificate becomes or became, because of item 192 of this Schedule, an asset or liability of the Commonwealth, of Indigenous Business Australia or of the Indigenous Land Corporation; or
(b) an instrument specified in the certificate is a Commission instrument; or
(c) an instrument specified in the certificate is a class A or class B exempted instrument; or
(d) an instrument specified in the certificate is a business loan instrument.
(2) The certificate is, in all courts and for all purposes, prima facie evidence of the matter stated in the certificate.
(3) If:
(a) under item 192 of this Part, an estate or interest in land becomes an asset of the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation; and
(b) a certificate under subitem (1) to that effect is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;
the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case may be, duly executed under the laws in force in that state or Territory.
(4) If a document purports to be a certificate under subitem (1) or (3) signed by a person purporting to be an authorised officer, judicial notice must be taken of the signature of the person and of the fact that the person is or was an authorised officer.
198 Exemption from taxation
(1) Any transfer or other dealing under this Part, and any instrument facilitating or evidencing such a transfer or other dealing, is not subject to stamp duty or other tax under a law of the Commonwealth or of a State or Territory if an authorised officer certifies, in writing:
(a) that the transfer or dealing is a transfer or dealing for a purpose connected with, or arising out of, the operation of this Part; or
(b) that the instrument facilitating or evidencing a transfer or dealing is an instrument made or given because of, or for a purpose connected with, or arising out of, the operation of this Part.
(2) A certificate given by an authorised officer under subitem (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
199 Repayment of grants and loans
(1) If, before ATSIC abolition day, the Commission had made a grant to a person or body under Part 2 of the ATSIC Act (other than a grant that is, on ATSIC abolition day, declared to be a class A exempted asset or a class B exempted asset) on particular terms and conditions:
(a) the Commonwealth is treated, on and after that day, as if it had made the grant on the same terms and conditions; and
(b) if the Minister is satisfied that the person or body has failed to fulfil such a term or condition--the Minister may, on behalf of the Commonwealth, give notice to the person or body receiving the grant that the Minister is so satisfied; and
(c) if the Commission had, before ATSIC abolition day, given a notice under section 20 of the ATSIC Act to the effect that the Commission was satisfied that the person or body receiving the grant had failed to fulfil a term or condition of the grant--that notice has effect, on and after that day, as if it had been given by the Minister under paragraph (b).
(2) A person or body to whom a notice is given, or treated as having been given, by the Commonwealth under subitem (1) is liable to pay to the Commonwealth, immediately, an amount equal to:
(a) the amount of the grant; or
(b) so much of the amount of the grant as was specified in the notice.
(3) If, before ATSIC abolition day, the Commission had made a loan to a person or body under Part 2 of the ATSIC Act (other than a loan that is, on ATSIC abolition day, declared to be a class A exempted asset) on particular terms and conditions:
(a) the Commonwealth is treated, on and after that day, as if it had made the loan on the same terms and conditions; and
(b) if the Minister is satisfied that the person or body has failed to fulfil such a term or condition--the Minister may, on behalf of the Commonwealth, give notice to the person or body receiving the loan that the Minister is so satisfied; and
(c) if the Commission had, before ATSIC abolition day, given a notice under section 20 of the ATSIC Act to the effect that the Commission was satisfied that the person or body receiving the loan had failed to fulfil a term or condition of the loan--that notice has effect, on and after that day, as if it had been given by the Minister under paragraph (b).
(4) A notice given, or treated as having been given, by the Minister under paragraph (1)(b) or (3)(b) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(5) A person or body to whom a notice is given, or treated as having been given, by the Commonwealth under subitem (3) is liable to pay to the Commonwealth, immediately, an amount equal to the sum of:
(a) so much of the amount of the loan as has not yet been repaid; and
(b) any accrued interest that has not been paid;
or so much of that amount as was specified in the notice.
(6) If:
(a) the Commission had, before ATSIC abolition day, made a grant or loan under Part 2 of the ATSIC Act to a person or body on particular terms and conditions; and
(b) on ATSIC abolition day the grant or loan is declared to be a class A exempted asset;
then:
(c) Indigenous Business Australia is to be treated, on and after that day, as if it had made the grant or loan on the same terms and conditions, and, in the case of a housing loan, as if it had made the loan from the New Housing Fund; and
(d) if Indigenous Business Australia is satisfied that the person or body has failed to fulfil such a term or condition--Indigenous Business Australia may give notice to the person or body receiving the grant or loan that it is so satisfied; and
(e) if the Commission had, before ATSIC abolition day, given a notice under section 20 of the ATSIC Act to the effect that the Commission was satisfied that the person or body receiving the grant or loan had failed to fulfil a term or condition of the grant or loan--that notice has effect, on and after that day, as if it had been given by Indigenous Business Australia under paragraph (d) of this item.
(7) A notice given, or treated as having been given, by Indigenous Business Australia under paragraph (6)(d) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(8) A person or body to whom a notice is given, or treated as having been given, by Indigenous Business Australia under subitem (6) is liable to pay to Indigenous Business Australia, immediately, an amount equal to the sum of:
(a) in the case of a grant:
(i) the amount of the grant; or
(ii) so much of the amount of the grant as was specified in the notice; and
(b) in the case of a loan:
(i) so much of the amount of the loan as has not yet been repaid; and
(ii) any accrued interest that has not been paid;
or so much of that amount as was specified in the notice.
(9) If:
(a) before ATSIC abolition day, the Commission had made a grant under section 14 of the ATSIC Act to a person or body from the Regional Land Fund on particular terms and conditions; and
(b) on ATSIC abolition day the grant is declared to be a class B exempted asset;
then:
(c) the Indigenous Land Corporation is treated, on and after that day, as if it had made the grant on the same terms and conditions; and
(d) if the Indigenous Land Corporation is satisfied that the person or body has failed to fulfil such a term or condition--the Corporation may give notice to the person or body receiving the grant that the Corporation is so satisfied; and
(e) if the Commission had, before ATSIC abolition day, given a notice under section 20 of the ATSIC Act to the effect that the Commission was satisfied that the person or body receiving the grant had failed to fulfil a term or condition of the grant--that notice has effect, on and after that day, as if it had been given by the Indigenous Land Corporation under paragraph (d).
(10) A notice given, or treated as having been given, by the Indigenous Land Corporation under paragraph (9)(d) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(11) A person or body to whom a notice is given, or treated as having been given, by the Indigenous Land Corporation under subitem (9) is liable to pay to the Corporation, immediately, an amount equal to:
(a) the amount of the grant; or
(b) so much of the amount of the grant as was specified in the notice.
(12) This item does not affect the availability to the Commonwealth, to Indigenous Business Australia or to the Indigenous Land Corporation, of any legal or equitable remedy for a failure to fulfil a term or condition of a grant or loan that was made by the Commission before ATSIC abolition day under Part 2 of the ATSIC Act.
200 Restrictions on right to dispose of certain property
(1) This item applies if an individual or body has acquired an interest in land and any of the following applies:
(a) the interest was acquired using money granted to the individual or body by the Commission before ATSIC abolition day under paragraph 14(1)(a) of the ATSIC Act;
(b) the interest was acquired from the Commission before ATSIC abolition day under paragraph 14(1)(b) of the ATSIC Act;
(c) the acquisition of the interest was financed by a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act.
(2) The individual or body must not dispose of the interest without the appropriate consenting authority giving written consent to that disposal.
(3) The consent must specify the disposal it covers by identifying the person or class of persons to whom the interest is to be disposed of.
(4) Subitem (3) does not prevent a consent from further specifying a particular disposal in other ways.
(5) A purported disposal of the interest by the individual or body has no effect unless it is covered by the consent.
(6) The appropriate consenting authority may attach a condition to a consent by specifying the condition in the document setting out the consent.
(7) Contravention of a condition does not affect the disposal of the interest by the individual or body.
(8) The appropriate consenting authority may give the individual or body written notice requiring the individual or body to pay to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case requires, the amount specified in the notice if:
(a) the interest disposed of was acquired by the individual or body either:
(i) using money granted by the Commission to the individual or body under paragraph 14(1)(a) of the ATSIC Act; or
(ii) by way of a grant of that interest in land from the Commission under paragraph 14(1)(b) of that Act; and
(b) the condition attached to the consent to the disposal of that interest was that some or all of the proceeds of the disposal be applied for a purpose specified by the appropriate consenting authority; and
(c) the appropriate consenting authority is satisfied that the condition was not complied with.
(9) The appropriate consenting authority must not specify in a notice under subitem (8) an amount greater than the amount of the grant made to the individual or body under paragraph 14(1)(a) or (b) of the ATSIC Act.
(10) An individual or body that is given a notice is liable to pay to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case requires, the amount specified in the notice.
(11) Subitems (8), (9) and (10) do not affect the availability to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, of any legal or equitable remedy for contravention of a condition attached to the consent.
(12) A consent given under subitem (2) or a notice under subitem (8) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(13) In this item:
appropriate consenting authority means:
(a) unless paragraph (b) or (c) applies--the Secretary; and
(b) if the interest in land to which the consent relates:
(i) was acquired using money made available to the individual or body by means of a grant made by the Commission before ATSIC abolition day under section 14 of the ATSIC Act and the grant is declared to be a class A exempted asset; or
(ii) was acquired using money made available to the individual or body by means of a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act and the guarantee is declared to be a class A exempted liability;
Indigenous Business Australia; and
(c) if the interest in land to which the consent relates:
(i) was acquired using money made available to the individual or body by means of a grant made by the Commission before ATSIC abolition day under paragraph 14(1)(a) of the ATSIC Act from the Regional Land Fund; or
(ii) was granted to the individual or body by the Commission before ATSIC abolition day after the Commission acquired the interest using money from the Regional Land Fund; or
(iii) was acquired using money made available to the individual or body by means of a loan that was guaranteed by the Commission before ATSIC abolition day under section 15 of the ATSIC Act and the guarantee is declared to be a class B exempted liability;
the Indigenous Land Corporation.
201 Liabilities taken to be interests in land
(1) Any liability of an individual, a body corporate or an unincorporated body to the Commission (other than a liability arising under subitem (2) or (3)) arising:
(a) under the terms and conditions of a grant or loan referred to in subsection 14(2) of the ATSIC Act; or
(b) under section 20 or 21 of the ATSIC Act in relation to such a grant or loan;
is taken, on and after ATSIC abolition day, to be an interest of the Commonwealth in the land to which it relates.
(2) Any liability of an individual, a body corporate or an unincorporated body to the Commission arising:
(a) under the terms and conditions of a grant or loan referred to in subsection 14(2) of the ATSIC Act that is, on ATSIC abolition day, declared to be a class A exempted asset; or
(b) under section 20 or 21 of the ATSIC Act in relation to such a grant or loan;
is taken, on and after that day, to be an interest of Indigenous Business Australia in the land to which it relates.
(3) Any liability of an individual, a body corporate or an unincorporated body to the Commission arising:
(a) under the terms and conditions of a grant referred to in subsection 14(2) of the ATSIC Act that is, on ATSIC abolition day, declared to be a class B exempted asset; or
(b) under section 20 or 21 of the ATSIC Act in relation to such a grant;
is taken, on and after that day, to be an interest of the Indigenous Land Corporation in the land to which it relates.
(4) Any liability of an individual, a body corporate or an unincorporated body to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation arising under item 199 or 200 of this Schedule is taken to be an interest of the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation in the land to which the liability relates.
(5) The land is charged with a payment of all costs and expenses incurred by the Commission, the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation in respect of its enforcement of the liability.
(6) The land referred to in subitem (1), (2), (3) or (4) is taken, for the purposes of the Aboriginal Land Rights (Northern Territory) Act 1976 to be alienated Crown land in which all estates or interests not held by the Crown are held on behalf of Aboriginals.
(7) This item does not apply to a liability arising under subsection 21(10) of the ATSIC Act or under subitem 200(10) of this Schedule.
202 Preservation of model rules
Despite the repeal of subsection 128(12) of the ATSIC Act, the model rules formulated by the Commission under that subsection and in force immediately before ATSIC abolition day have effect, on and after that day, as if they were model rules formulated by the Registrar of Aboriginal Corporations under subsection 128(12) of the Aboriginal and Torres Strait Islander Act 2005.
203 Transitional provision--Suspension of Regional Councillors before ATSIC abolition day
If, before ATSIC abolition day:
(a) the Commission had suspended a Regional Councillor under section 122A of the ATSIC Act; and
(b) the Commission had caused a statement in relation to that suspension to be laid before each House of the Parliament in accordance with the requirements of that section; and
(c) neither House of the Parliament had, before that day, passed a resolution declaring that the Regional Councillor ought to be restored to office; and
(d) the period within which such a resolution could be passed had not, as at ATSIC abolition day, finally elapsed;
section 122A of the ATSIC Act as amended by this Act applies, on and after ATSIC abolition day, in relation to that suspension as if:
(e) that section as so amended had been in force at the time when the Regional Councillor had been suspended; and
(f) the actions of the Commission before ATSIC abolition day had been actions of the Minister.
204 Transitional provision--Petitions for suspension of Regional Council received by the Commission
If:
(a) at any time within the period of 6 months before ATSIC abolition day, the Commission had received a petition under section 123 of the ATSIC Act calling for the suspension of a Regional Council; and
(b) the Commission had not, by notice published in the Gazette, taken action to remove the members of the Regional Council from office or to appoint an administrator to administer the affairs of the Regional Council;
then section 123 of the ATSIC Act as amended by this Act has effect, on and after ATSIC abolition day, as if:
(c) that section as so amended had been in force at the time when the Commission had received the petition; and
(d) the petition received by the Commission had been received by the Minister.
205 Former Commissioners on Board of Directors of Indigenous Business Australia or on Board of Indigenous Land Corporation
(1) A person who was a Commissioner at any time on or after 14 April 2004 and who is, immediately before ATSIC abolition day, a member of the Board of Directors of Indigenous Business Australia, ceases on ATSIC abolition day, by force of this subitem, to hold office as such a member.
(2) A person who was a Commissioner at any time on or after 14 April 2004 and who is, immediately before ATSIC abolition day, a member of the Board of the Indigenous Land Corporation, ceases on ATSIC abolition day, by force of this subitem, to hold office as such a member.
206 Saving provision--Rights of internal review of decisions made before ATSIC abolition day
(1) If, before ATSIC abolition day, an agent or delegate of the Commission had refused to make a housing loan under section 14 of the ATSIC Act from the Housing Fund:
(a) that refusal is to be treated, on and after that day, as a refusal to make that loan by a delegate of Indigenous Business Australia; and
(b) the notice of that refusal given by the agent or delegate of the Commission is to be treated as if it were a notice given by a delegate of Indigenous Business Australia; and
(c) the person or body refused that loan may, within 30 days after being notified of the refusal, request that Indigenous Business Australia reconsider that refusal.
(2) If a request is made in the circumstances set out in subitem (1), Indigenous Business Australia must reconsider the refusal and decide whether to make the loan.
(3) If, before ATSIC abolition day:
(a) an agent or delegate of the Commission refused to make a housing loan to a person or body under section 14 of the ATSIC Act from the Housing Fund; and
(b) that person or body had requested the Commission to reconsider the refusal; and
(c) that reconsideration had not been completed;
Indigenous Business Australia must reconsider the refusal and decide whether to make the loan.
207 Saving provision--Rights of review of decisions made before ATSIC abolition day
(1) For the purpose of this item, and without limiting the effect of item 193 of this Schedule, each decision of a kind referred to in section 196 of the ATSIC Act that was made by the Aboriginal and Torres Strait Islander Commission before ATSIC abolition day has effect, on and after that day:
(a) unless paragraph (b) or (c) applies--as a decision of the Commonwealth; and
(b) if the decision related to a grant or loan that is, on ATSIC abolition day, declared to be a class A exempted asset, or to a guarantee in respect of a loan that is so declared--as a decision of Indigenous Business Australia; and
(c) if the decision related to a grant that is, on ATSIC abolition day, declared to be a class B exempted asset--as a decision of the Indigenous Land Corporation.
(2) Despite the amendment of section 196 of the ATSIC Act, that section continues in force, on and after ATSIC abolition day, for the purpose of enabling persons or bodies to seek review of decisions referred to in that section that were made before that day as if:
(a) the amendments made by those items had not been made; and
(b) each reference in that section, as so continued in force, to a decision of the Commission were a reference to a like decision made by the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation, as the case requires.
208 Rights of review of certain repayment decisions made on or after ATSIC abolition day
(1) An application may be made on or after ATSIC abolition day to the Administrative Appeals Tribunal for a review of:
(a) a decision to give notice to a person or body that is made by the Minister on or after that day under subitem 199(1) or (3); or
(b) a decision to give notice to a person or body that is made by Indigenous Business Australia on or after that day under subitem 199(6); or
(c) a decision to give notice to a person or body that is made by the Indigenous Land Corporation on or after that day under subitem 199(9).
(2) In this item:
decision made by the Minister means:
(a) a decision made by the Minister; or
(b) a decision made by a delegate of the Minister on a reconsideration of a decision made by another delegate of the Minister.
209 Offences in relation to guarantees given by Commission before ATSIC abolition day
A person must not, in or in connection with a claim under a guarantee given by the Commission under Part 2 of the ATSIC Act, make a statement that the person knows to be false or misleading in a material particular or present a document that, to the person's knowledge, contains information that is false or misleading in a material particular.
Penalty: Imprisonment for 5 years or 100 penalty units.
210 Transitional provision--Notices under section 124H or 124J of ATSIC Act
Any notice published by the Commission in the Gazette under section 124H or 124J of the ATSIC Act and in force immediately before ATSIC abolition day, has effect, on and after that day, as if it were a notice to the same effect published by the Minister under that section of that Act as amended by this Act.
211 Transitional provision--Determinations in force under subsection 127D(2) of ATSIC Act
Any determination of leave entitlements, other than recreation leave, made by the Commission and in force under subsection 127D(2) of the ATSIC Act as in force before ATSIC abolition day, has effect, on and after that day, as if it were a determination to the same effect made by the Minister under that subsection of that Act as amended by this Act.
212 Saving provision--Conferral of functions under subsection 142AA(1) of ATSIC Act
If the Prime Minister had conferred a departmental function on the TSRA under subsection 142AA(1) of the ATSIC Act as in force before ATSIC abolition day, that conferral continues to have effect, on and after that day, as if it were a conferral of that function under that subsection of that Act as amended by this Act.
213 Delegation of powers and functions conferred under this Part
(1) The Minister may, by written instrument, delegate to:
(a) the Secretary or any other agency head within the meaning of the Public Service Act 1999; or
(b) an SES employee or acting SES employee; or
(c) the Chief Executive Officer of a Commonwealth authority or an employee of a Commonwealth authority of equivalent rank to an SES employee;
all or any of the powers and functions conferred on or acquired by the Minister under this Part, other than the power to declare a program of expenditure to be a business loans program, or the power to make a declaration under subitem 192(5) or 193(5).
(2) The Secretary may, by written instrument, delegate to:
(a) an SES employee or acting SES employee; or
(b) an employee of a Commonwealth authority of equivalent rank to an SES employee;
the powers and functions of the Secretary under this Part.
(3) An agency head, within the meaning of the Public Service Act 1999, to whom a power or function is delegated under subitem (1) may, by written instrument, delegate that power to:
(a) an SES employee or acting SES employee; or
(b) an employee of a Commonwealth authority of equivalent rank to an SES employee.
Note 1: The expressions SES employee, and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
Schedule 2
2 Transitional arrangement definitions
In this Part, unless the contrary intention appears:
ATSIC abolition day means the day on which Schedules 1 and 2 to this Act commence.
ATSIC Act means the Aboriginal and Torres Strait Islander Commission Act 1989.
Commission means the Aboriginal and Torres Strait Islander Commission that was established under section 6 of the ATSIC Act.
Indigenous Business Australia means the body of that name referred to in section 145 of the Aboriginal and Torres Strait Islander Act 2005.
Indigenous Land Corporation means the body of that name established under section 191A of the Aboriginal and Torres Strait Islander Act 2005.
Office of Evaluation and Audit (Indigenous Programs) means the office, referred to in section 193W of the Aboriginal and Torres Strait Islander Act 2005, that was originally established by section 75 of the ATSIC Act and that became, on ATSIC abolition day, the Office of Evaluation and Audit (Indigenous Programs).
Secretary means the Secretary of the Department.
TSRA means the Torres Strait Regional Authority established by section 142 of the ATSIC Act.
3 Office of Evaluation and Audit to continue under new name
The Office of Evaluation and Audit that was established within the Commission by section 75 of the ATSIC Act becomes, by force of this item, on ATSIC abolition day, for the purposes of section 193W of the Aboriginal and Torres Strait Islander Act 2005, the Office of Evaluation and Audit (Indigenous Programs) established in the Department.
4 Current Director of Evaluation and Audit
(1) The person holding office as Director of Evaluation and Audit under section 77 of the ATSIC Act immediately before ATSIC abolition day continues, on and after that day, by force of this item and despite section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, to hold office as the Director of Evaluation and Audit as if the person had been duly appointed by the Minister under section 193ZA of the Aboriginal and Torres Strait Islander Act 2005.
(2) The person referred to in subitem (1):
(a) is taken to have been so appointed under section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, by instrument in writing, for the balance of the term of appointment under section 77 of the ATSIC Act; and
(b) is taken to have been so appointed on the same terms and conditions as applied to the person immediately before ATSIC abolition day.
(3) Despite section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, the person referred to in subitem (1):
(a) is entitled to remuneration and allowances in accordance with section 194 of that Act; and
(b) is to have such recreation leave entitlements as are determined by the Remuneration Tribunal.
(4) Section 193ZE of the Aboriginal and Torres Strait Islander Act 2005 does not apply in relation to the deemed appointment of the person referred to in subitem (1).
(5) The Minister may grant the person referred to in subitem (1) leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Minister determines in writing.
(6) The Minister may terminate the appointment of the person referred to in subitem (1) as Director of Evaluation and Audit because of incompetence, misbehaviour or physical or mental incapacity.
(7) The Minister must terminate the appointment of the person referred to in subitem (1) as Director of Evaluation and Audit if the person:
(a) is absent from duty, except on leave granted to that person, for 14 consecutive days or for 28 days in any period of 12 months; or
(b) becomes bankrupt; or
(c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(d) compounds with his or her creditors; or
(e) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(f) fails, without reasonable excuse, to make a disclosure of financial interests equivalent to the disclosure required to be made by an SES employee; or
(g) engages in paid employment outside the duties of the office of Director of Evaluation and Audit without the written consent of the Minister.
(8) The person referred to in subitem (1) holds office on such terms and conditions (if any) in respect of matters not provided for by operation of subitems (1) to (7) as are determined by the Minister by notice in the Gazette.
5 Transitional evaluation and audit functions
(1) The Office of Evaluation and Audit (Indigenous Programs) has, in addition to the functions imposed on it under section 193X of the Aboriginal and Torres Strait Islander Act 2005, the following functions:
(a) when requested to do so by the Minister--to evaluate or audit the activities of any individual or organisation who, before ATSIC abolition day, received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans;
(b) when requested to do so by the Minister--to evaluate or audit the activities of a borrower, being any individual or organisation, one or more of whose loans were guaranteed, before ATSIC abolition day, by the Commission, but only to the extent that the evaluation or audit concerns those guarantees;
(c) to report on evaluations or audits conducted in accordance with paragraph (a) or (b), in writing, to the Minister as required by the Minister.
(2) A requirement under paragraph (1)(c) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(3) Subsection 193X(3) and section 193ZG of the Aboriginal and Torres Strait Islander Act 2005 apply in relation to any evaluation or audit commenced at the request of the Minister under this item.
6 Evaluations or audits begun but not completed before ATSIC abolition day
(1) If:
(a) before ATSIC abolition day, the Office of Evaluation and Audit has begun an evaluation or audit in relation to a body corporate, an unincorporated body or an individual under section 76 of the ATSIC Act, whether at the request of the Minister, the Commission, Aboriginal Hostels Limited, Indigenous Business Australia, the TSRA, or the Indigenous Land Corporation; and
(b) that evaluation or audit has not been completed before that day;
the Office of Evaluation and Audit (Indigenous Programs) must continue that evaluation or audit and, subject to subitem (3), report on that evaluation or audit, as if the amendments of the ATSIC Act made by this Act had not been made.
(2) An instrument under subitem (1) reporting on an evaluation or audit is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(3) If the evaluation or audit is one in respect of which the Office of Evaluation and Audit would have been required to report in accordance with subitem (1) both to the Minister and to the Commission, the Office of Evaluation and Audit (Indigenous Programs) is required to report only to the Minister.
(4) For the avoidance of doubt, the Director of Evaluation and Audit must include in any report of the operations of the Office of Evaluation and Audit (Indigenous Programs) in a particular year that is given under subsection 193ZA(4) of the Aboriginal and Torres Strait Islander Act 2005, a report of the operations of the Office that are carried out during that year under item 5 and under this item.
(5) The Office of Evaluation and Audit must:
(a) under subsection 77(3) of the ATSIC Act, make a final report of its operations for the period commencing on 1 July 2004 and ending immediately before ATSIC abolition day as if that period were a financial year; and
(b) ensure that a copy of that report is included in the final annual report of the Commission.
Schedule 3
47 Transitional arrangement definitions
In this Part, unless the contrary intention appears:
assets means property of every kind and, without limiting the generality of the foregoing, includes:
(a) choses in action; and
(b) rights, interests and claims of every kind in or to property, whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.
ATSIC abolition day means the day Schedules 1 and 2 to this Act commence.
authorised officer means the Minister, the Secretary of the Department or any other person authorised by the Minister for the purposes of this Part.
liabilities means liabilities of every kind and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.
Regional Council means a Regional Council that was established under section 92 of the Aboriginal and Torres Strait Islander Act 2005 and was in existence immediately before Regional Councils abolition day.
Regional Council instrument means an instrument subsisting immediately before Regional Councils abolition day:
(a) to which a Regional Council was a party; or
(b) that was given to, or in favour of, a Regional Council; or
(c) in which a reference is made to a Regional Council; or
(d) under which money is, or may become, payable to a Regional Council; or
(e) under which any other property is to be, or may become liable to be, transferred to or by a Regional Council.
Regional Councils abolition day means the day Schedule 3 to this Act commences.
Secretary means the Secretary of the Department.
48 Transfer of assets and liabilities of Regional Councils
On Regional Councils abolition day:
(a) any assets that, immediately before that day, were vested in a Regional Council are, by force of this item, vested in the Commonwealth; and
(b) the Commonwealth becomes, by force of this item, liable to pay and discharge liabilities or other obligations of a Regional Council that existed immediately before that day.
49 Regional Council instruments
A Regional Council instrument in force under the Aboriginal and Torres Strait Islander Act 2005 immediately before Regional Councils abolition day has effect, on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to a Regional Council were a reference to the Commonwealth.
50 Pending proceedings
If, immediately before Regional Councils abolition day, proceedings to which a Regional Council was a party were pending in any court or tribunal, the Commonwealth is, with effect from that day, substituted for the Regional Council as a party to the proceedings and has the same rights in the proceedings as the Regional Council had.
51 Certificates relating to assets, liabilities and instruments
(1) An authorised officer may certify, in writing, that:
(a) an asset or liability specified or described in the certificate became, because of item 48, an asset or liability of the Commonwealth; or
(b) an instrument specified or described in the certificate is a Regional Council instrument.
(2) A certificate under subitem (1) is, in all courts and for all purposes, prima facie evidence of the matter stated in the certificate.
(3) If a document purports to be a certificate under subitem (1) signed by a person purporting to be an authorised officer, judicial notice must be taken of the signature of the person and of the fact that the person is or was an authorised officer.
52 Exemption from taxation
(1) Any transfer or other dealing under this Part, and any instrument facilitating or evidencing such a transfer or other dealing, is not subject to stamp duty or other tax under a law of the Commonwealth or of a State or Territory if an authorised officer certifies, in writing:
(a) that the transfer or dealing is a transfer or dealing for a purpose connected with, or arising out of, the operation of this Part; or
(b) that the instrument facilitating or evidencing a transfer or dealing is an instrument made or given because of, or for a purpose connected with, or arising out of, the operation of this Part.
(2) A certificate given by an authorised officer under subitem (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
53 Saving provision--Rights of review of certain decisions made before Regional Councils abolition day
Despite the repeal of section 196 of the Aboriginal and Torres Strait Islander Act 2005 by this Schedule, that section as in force immediately before Regional Councils abolition day is to be treated as continuing in force, on and after that day, for the purpose of enabling persons or bodies to seek review of decisions referred to in that section that were made on or after ATSIC abolition day and before Regional Councils abolition day, as if that section had not been repealed.
Aboriginal
Land
Rights (Northern Territory) Amendment Act 2006
(No. 93,
2006)
Schedule 1
206 Application--audit reports
Land Councils
(1) Paragraph 193X(1)(ca) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to the activities or operations of a Land Council carried out after the commencement of that item.
Persons receiving certain amounts under section 35 of the Aboriginal Land Rights (Northern Territory) Act 1976
(2) Paragraph 193X(1)(cb) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to amounts received by a body corporate or other person after the commencement of that item (including amounts received under a determination made before that commencement).
(3) However, for amounts received under subsection 35(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 in accordance with an agreement mentioned in that subsection, the agreement must also have been made after that commencement.
Persons receiving amounts under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976
(4) Paragraph 193X(1)(cc) of the Aboriginal and Torres Strait Islander Act 2005, as inserted by item 1, applies in relation to amounts received by an individual or organisation after the commencement of that item.
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 (No. 89, 2010)
Schedule 3
24 Transitional
(1) Despite the amendments made by items 10 and 11, section 193I of the Aboriginal and Torres Strait Islander Act 2005, as in force immediately before the commencement of those items, continues to apply in relation to the financial year ending on 30 June 2010.
(2) For the purposes of working out the borrowing limit under section 193L, and the guarantee limit under section 193N, of the Aboriginal and Torres Strait Islander Act 2005 for the financial year beginning on 1 July 2010, the borrowing limit and the guarantee limit for the financial year beginning on 1 July 2009 is $294,170,517.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
Indigenous Affairs
Legislation Amendment Act (No. 2) 2011
(No. 188, 2011)
Schedule 1
72 Transitional--secrecy provisions
(1) Paragraph 191(1)(b) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:
(a) a reference in that paragraph to the Indigenous Business Australia Chief Executive Officer included a reference to the Indigenous Business Australia General Manager; and
(b) a reference in that paragraph to an acting Indigenous Business Australia Chief Executive Officer included a reference to an acting Indigenous Business Australia General Manager.
(2) Paragraph (b) of the definition of ILC officer in subsection 193S(1) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:
(a) a reference in that paragraph to the Indigenous Land Corporation Chief Executive Officer included a reference to the Indigenous Land Corporation General Manager; and
(b) a reference in that paragraph to an acting Indigenous Land Corporation Chief Executive Officer included a reference to an acting Indigenous Land Corporation General Manager.
(3) Subparagraph 200A(1)(b)(iii) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if a reference in that subparagraph to the TSRA Chief Executive Officer included a reference to the TSRA General Manager.
80 Application
The amendment made by this Part applies in relation to decisions made on or after the commencement of this Part.