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Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Bill 2011

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2010-2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Bill 2010

 

 

(1)     Title, page 1 (lines 11 and 12), omit “ and veterans’ affairs, ”, substitute “ , veterans’ affairs, Aboriginal land rights and the Indigenous Land Corporation, ”.

[long title]

(2)     Clause 2, page 2 (table item 2), omit the table item, substitute:

2.  Schedule 1

1 January 2011.

1 January 2011

2A.  Schedule 2

1 July 2011.

1 July 2011

3.  Schedules 3 and 4

The day after this Act receives the Royal Assent.

 

[commencement]

(3)     Schedule 2, heading, page 8 (lines 1 and 2), omit the heading, substitute:

Schedule 2 Disability support pension

[portability of disability support pension]

(4)     Schedule 2, item 7, page 9 (table item 2), after “1218AA”, insert “, 1218AB”.

[portability of disability support pension]

(5)     Schedule 2, page 9 (before line 12), before item 8, insert:

7A  After section 1218AA

Insert:

1218AB   Extended portability period for disability support pension

             (1)  The Secretary may, by written determination, extend the person’s portability period for disability support pension if all of the following circumstances (the qualifying circumstances ) exist:

                     (a)  the person is severely disabled (see subsection 23(4B));

                     (b)  the person is receiving disability support pension;

                     (c)  the person is wholly or substantially dependent on a family member of the person (see subsection 23(14));

                     (d)  the Secretary is satisfied that the person will be living with the family member of the person throughout the period of absence;

                     (e)  the family member of the person is engaged in employment in Australia for an employer immediately before the start of the period of absence;

                      (f)  the Secretary is satisfied that the family member of the person will be engaged in employment outside Australia for that employer throughout the period of absence.

             (2)  If the Secretary extends a person’s portability period under subsection (1), the person’s portability period for disability support pension, for the purposes of this Part, is the extended period.

             (3)  The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

             (4)  A determination under subsection (1) is not a legislative instrument.

Note:       The heading to section 1218AA is altered by omitting “ Extended ” and substituting “ Unlimited ”.

[portability of disability support pension]

(6)     Page 9 (after line 23), after Schedule 2, insert:

Schedule 3 Scheduling of land

   

Aboriginal Land Rights (Northern Territory) Act 1976

1  Part 4 of Schedule 1 (after the item relating to BAUHINIA DOWNS)

Insert:

BORROLOOLA

All that land near Borroloola in the Northern Territory comprising:

                     (a)  the whole of Northern Territory Portion 2177 delineated on Survey Plan S2000/169 lodged with the Surveyor-General, Darwin, known as Rarranggilawunyara and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 5.62 hectares; and

                     (b)  the whole of Northern Territory Portion 2178 delineated on Survey Plan S2000/169 lodged with the Surveyor-General, Darwin, known as Niwawunala and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 2.66 hectares; and

                     (c)  the whole of Northern Territory Portion 2179 delineated on Survey Plan S2000/169 lodged with the Surveyor-General, Darwin, known as Wanadjurara and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 6,840 square metres; and

                     (d)  the whole of Northern Territory Portion 2180 delineated on Survey Plan S2000/169 lodged with the Surveyor-General, Darwin, known as Alolo and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 7.51 hectares; and

                     (e)  the whole of Northern Territory Portion 3900 delineated on Survey Plan S90/252D lodged with the Surveyor-General, Darwin, known as Batten Point and in the locality of McArthur in the Northern Territory and containing an area of approximately 201.8 hectares; and

                      (f)  the whole of Northern Territory Portions 3997 and 3940 delineated on Survey Plan S90/316B lodged with the Surveyor-General, Darwin, known as North Island and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 6,607 hectares.

2  Part 4 of Schedule 1 (after the item relating to PATTA)

Insert:

PORT PATTERSON ISLANDS

All that land being the whole of Northern Territory Portion 2621 delineated on Survey Plan S83/282 lodged with the Surveyor-General, Darwin, known as Port Patterson Islands and in the locality of Bynoe Harbour in the Northern Territory and containing an area of approximately 591.4 hectares.

[Aboriginal land rights]

(7)     Page 9, after proposed Schedule 3, insert:

Schedule 4 Indigenous Land Corporation

   

Aboriginal and Torres Strait Islander Act 2005

1  After subsection 191F(2)

Insert:

Supporting native title settlements

          (2A)  The Indigenous Land Corporation must have regard to any guidelines in force under section 191HA:

                     (a)  in deciding whether to perform its functions in support of a native title settlement; and

                     (b)  if it decides to perform its functions in support of a native title settlement—in performing its functions in support of that settlement.

Note:          The Native Title Act 1993 deals with making and resolving native title claims.

2  After section 191H

Insert:

191HA   Ministerial guidelines about supporting native title settlements

                   The Minister may, by legislative instrument, make guidelines for the purposes of subsection 191F(2A).

3  After subsection 191I(1)

Insert:

Interaction with guidelines under section 191HA

          (1A)  Guidelines referred to in subsection (1) have no effect to the extent to which they are inconsistent with guidelines referred to in section 191HA.

Note:       The heading to section 191I is altered by omitting “ Guidelines ” and substituting “ Indigenous Land Corporation guidelines ”.

4  Subsection 191I(2)

After “guidelines”, insert “referred to in subsection (1)”.

[Indigenous Land Corporation]