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Aboriginal and Torres Strait Islander Commission Amendment Bill 2004
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Aboriginal and Torres Strait Islander Commission Amendment Bill 2004
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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT BILL 2004
(Circulated by authority of the Minister for Immigration and
Multicultural and Indigenous Affairs,
Senator the Honourable Amanda Vanstone, MP)
ABORIGINAL TORRES STRAIT ISLANDER COMMISSION AMENDMENT BILL 2004
1. The Aboriginal and Torres Strait Islander Commission Amendment Bill 2004 implements the Government’s decision to abolish the Aboriginal and Torres Strait Islander Commission (ATSIC).
2. The Bill repeals the provisions in the Aboriginal and Torres Strait Islander Commission Act 1989 (“the ATSIC Act”), which establishes the national board of ATSIC with effect from 1 July 2004. It also makes consequential amendments to the ATSIC Act arising from the abolition of ATSIC. This includes the transfer of ATSIC’s assets and liabilities to other agencies and the establishment of a new housing fund to be administered by Indigenous Business Australia to replace ATSIC’s housing fund. The Bill also modifies the role of the Office of Evaluation and Audit, to take into account the abolition of ATSIC.
3. The Government’s decision provided for the retention of ATSIC’s Regional Councils until 30 June 2005. Accordingly the Bill provides for the abolition of the Regional Councils after that date.
4. The Bill also makes consequential amendments to a number of other Acts arising from the abolition of ATSIC.
FINANCIAL IMPACT STATEMENT
5. $79 million in savings will arise over four years from the abolition of ATSIC and the Regional Councils. These savings will be re-allocated to indigenous specific programmes.
ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT BILL 2004
NOTES ON CLAUSES
Clause 1 - Short title
1. This clause provides for the short title of this Act.
Clause 2 - Commencement
2. This clause provides that sections 1-3 and anything in this Act not elsewhere covered by the table in clause 2 commence on Royal Assent. Schedules 1, 2 and 4 commence on 1 July 2004 (“the transfer day”) and Schedule 3 commences on 1 July 2005 (“the second transfer day”).
Clause 3 - Schedule(s)
3. This clause provides that each Act specified in a Schedule to this Act is amended or repealed as set out in the Schedule, and any other item in a Schedule has effect according to its terms.
Schedules of Amendments
Schedule 1 - Part 1 - Abolition of Aboriginal and Torres Strait Islander Commission
Item 1 Repeal of Part 2
4. Item 1 repeals Part 2 of the ATSIC Act . That Part provides for the establishment of ATSIC - its functions, constitution, administration and operation. Part 2 also provides for the position of Chief Executive Officer and establishes the Regional Land Fund, the Housing Fund, the Office of Evaluation and Audit, the Office of Torres Strait Islander Affairs and the Torres Strait Islander Advisory Board. Transitional and saving arrangements are provided for in Schedule 1 for the Regional Land Fund and the Housing Fund and in Schedule 2 for the Office of Evaluation and Audit.
Schedule 1 - Part 2 - Consequential amendments relating to the abolition of Aboriginal and Torres Strait Islander Commission
Items 2 - 21 Definitions
5. Item 2 removes “Aboriginal and Torres Strait Islander Commission” from the title. Item 3 changes the short title of the ATSIC Act to the Aboriginal and Torres Strait Islander Act 2004. Items 4-21 repeal various definitions in section 4 of the ATSIC Act consequential to the abolition of ATSIC and insert a definition of the New Housing Fund.
Items 22 - 23 Regions
6. Item 22 inserts a new heading to Part 3 entitled “Regions and Regional Councils”. Item 23 repeals clause 91(1)(a) and substitutes a provision which refers to an amended Schedule 1 to the ATSIC Act. Schedule 1 lists places which are included in regions.
Items 24 - 82 Regional Councils
7. Items 24-82 delete references to the Commission, Commission Chairperson and to zones. The Registrar of Aboriginal Corporations instead of ATSIC will now formulate Regional Council Model Rules for the conduct of Regional Council meetings.
8. The role of the Commission in Regional Council matters will now be the role of the Minister including:
· gazetting regional boundary determinations;
· approving Regional Council engaging staff;
· determining terms and conditions for members of Regional Council advisory committees;
· declaring persons to have ceased to be members of or to have been removed/resigned from a Regional Council;
· appointing/terminating an administrator for a Regional Council;
· granting leave of absence (other than recreation leave) for Regional Council Chairpersons; and
· convening a meeting of a Regional Council at any time.
9. Changes to Regional Councils include:
· Provide the Minister (previously the Commission) with views of Aboriginal people and Torres Strait Islanders about the activities of the Torres Strait Regional Authority and Commonwealth and state/territory and local government bodies in their region;
· No requirement to prepare draft budgets or proposals for allocation of moneys but the Regional Councils will retain the capacity to make proposals on expenditure of the Regional Land Fund (which is to be administered by the Indigenous Land Corporation);
· Submit annual reports to the Minister; and
· Keep a register of the interests disclosed by members of a Regional Council.
Items 83 - 85 Zones
10. Item 83 repeals Division 7 of Part 3 of the ATSIC Act which establishes zones and sets out the process for the conduct of zone elections. Item 84 is a consequential amendment to the abolition of ATSIC. Item 85 repeals Division 9 of Part 3 which established Review Panels to consider electoral matters arising out of ATSIC elections. Review panels are no longer required as there will be no more ATSIC elections .
Items 86 - 105 Torres Strait Regional Authority
11. Items 86-105 delete references to the Commission in matters relating to the operation of, election to, and administration of the Torres Strait Regional Authority. The operation of the Authority is not otherwise affected.
Items 106 - 123 Indigenous Business Australia
12. Items 106-123 amend the ATSIC Act as a consequence of the new functions of Indigenous Business Australia to make housing and business loans and grants, and to give guarantees in relation to loans or grants that will further the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders. References to ATSIC (which formerly undertook these functions) are deleted and provision is made for the Minister to authorise Indigenous Business Australia to act as agent or delegate of the Commonwealth. The powers of Indigenous Business Australia are extended to allow it to enter into contracts for the provision of business or housing loans and to make grants for purposes associated with business loans or housing loans. Indigenous Business Australia may determine the terms and conditions of grants and loans and may guarantee payment of money in relation to a housing or business loan where it is satisfied that the loan will further the social, economic or cultural development of Aboriginal people and Torres Strait Islanders.
13. Item 107 inserts subsection 148(3) to exempt Indigenous Business Australia from certain requirements imposed by section 148 in operating the former ATSIC programmes. This will ensure that Indigenous Business Australia can operate in relation to these loans and grants in the same way as ATSIC, and make loans on terms and conditions to facilitate the participation of indigenous people in home ownership and business activities.
14. Item 110 replaces section 151 with a new provision empowering the Minister to give general directions to Indigenous Business Australia in relation to its activities. This recognises the fact that Indigenous Business Australia will be delivering former ATSIC programmes in relation to which the Minister was able to issue general directions.
Items 124 - 126 New Housing Fund
15. Items 124-126 establish the New Housing Fund to replace the Housing Fund established by section 67 of the ATSIC Act. This Fund comprises: money credited to the fund established under section 67 of the ATSIC Act before 1 July 2004; amounts appropriated to Indigenous Business Australia for the purposes of the New Housing Fund; repayments relating to housing loans made by or treated as having been made by Indigenous Business Australia out of the New Housing Fund or loans made by the Aboriginal Development Commission or the Aboriginal Loans Commission; interest received by Indigenous Business Australia on investment of money from the New Housing Fund; and money Indigenous Business Australia determines in writing to make available for the purposes of the New Housing Fund.
16. Budget estimates must be prepared for the New Housing Fund by Indigenous Business Australia for each financial year. Money in the New Housing Fund is not counted in determining whether Indigenous Business Australia has a temporary deficit. Security may not be given over money in the New Housing Fund or money held in trust by Indigenous Business Australia. Application for review of a decision to refuse a loan from the New Housing Fund may be made to the Administrative Appeals Tribunal.
Item 127 Financial requirements
17. Item 127 inserts section 189 which requires Indigenous Business Australia to include in its annual report details of any ministerial direction under section 151 and any consultants engaged under section 178 of the ATSIC Act. Indigenous Business Australia is required to deal with the finances of the New Housing Fund separately from the other finances of Indigenous Business Australia in its annual reports. These provisions apply to the annual report prepared for the 2004/05 financial year and later years.
Item 128 Secrecy
18. Item 128 inserts a new defence to the secrecy offence in section 191. The defence applies where information or documents relate to housing or business loans, or to grants in relation to housing or business loans, and the information or documents are given to a person authorised (by the person to whose affairs the information/documents relate) to receive them. This defence reflects the secrecy provision which applied to the Commission and Commission staff.
Items 129 - 152 Indigenous Land Corporation
19. Item 129 amends subsection 191C(c) extending the functions of the Indigenous Land Corporation to be such as are conferred by any other law of the Commonwealth (including this Act). Item 130 inserts subsection 191D(1A) to allow the Indigenous Land Corporation to make a grant of an interest in land on such terms and conditions as it determines. This is consistent with the provisions under which ATSIC made grants from the Regional Land Fund. The money held in the Regional Land Fund will be transferred to the Indigenous Land Corporation. Item 131 inserts section 191EA to allow the Indigenous Land Corporation to make payments to Indigenous Business Australia to assist Indigenous Business Australia to carry out its functions. This would allow Indigenous Business Australia to promote economic development on land the Indigenous Land Corporation granted to indigenous people. Item 132 repeals section 191K which enabled ATSIC to grant land to the Indigenous Land Corporation.
20. Item 133 amends section 191L of the ATSIC Act to enable the Minister to give general directions to the Indigenous Land Corporation about the exercise of its functions and powers in relation to the Regional Land Fund moneys until 30 June 2005.
21. Items 134-152 include amendments that: remove references to the Commission and the Commission Chairperson; remove redundant provisions in regard to the first ten years of the Aboriginal and Torres Strait Islander Land Fund; and instruct the Secretary of the Department to keep accounts and prepare financial statements for the Land Fund; prevent the Indigenous Land Corporation from using money that stood to the credit of the Regional Land Fund as security during the year 1 July 2004 to 30 June 2005.
Items 153 - 159 Miscellaneous
22. Item 153 repeals sections 193U, 194A and 195 removing: the requirement for a telephone service to enable calls to regional offices at the cost of a local call; the global limit on remuneration of certain office holders; and the review by the Commission of a delegate’s decision. Items 154-158 make consequential amendments to section 196 that sets out the review of Commission decisions by the Administrative Appeals Tribunal. Decisions now made by the Minister under sections 121(1) and 123A will be subject to the review provisions. Item 159 makes a consequential amendment to subsection 199(9) by deleting zone election rules.
Item 160 Secrecy and Delegations
23. Item 160 inserts sections 200A and 200B. Section 200A replaces the secrecy provision in section 90 (which has been repealed) and enables secrecy provisions to apply to former members of the Commission, to former members of committees, staff and consultants engaged by ATSIC. Section 200B is a consequential amendment enabling the Minister to delegate all or any of the powers or functions conferred under the ATSIC Act except for declarations under section 121, removal of Regional Councillors and appointment of administrators under section 123A and directions to Indigenous Business Australia and the Indigenous Land Corporation.
Items 161 - 163 Regulations
24. Items 161-163 make consequential amendments to the regulation making power in section 201 by deleting references to zone election rules and ATSIC decisions previously reviewable under section 195.
Items 164 - 178 Transitional provisions
25. These provisions amend the transitional provisions inserted into the ATSIC Act when ATSIC was established and repeal provisions that are no longer relevant to the operation of ATSIC. Item 164 amends the definition of authorised officer to refer to successor Commission. Item 165 repeals the definition of new Commission in section 202. Item 166 inserts a definition of successor Commission and Item 167 inserts a definition of transfer date (1 July 2004). Items 169-171 amend section 206 to remove references to ATSIC and insert references to the Indigenous Land Corporation. Items 171-178 are consequential amendments upon the cessation of ATSIC and include provisions for determining assets and liabilities.
Items 179 - 189 Zones
26. Item 179 repeals Schedule 1 which included references to zones and inserts a new schedule with a list of places for inclusion in regions. These places are identical with the former places included in regions. Items 180 - 189 are consequential amendments, deleting references to zones, zone elections, zone election rules and the Commission.
Schedule 1 - Part 3 - Transitional and saving arrangements relating to Aboriginal and Torres Strait Islander Commission
Items 190 - 192 Transfer of assets, liabilities and instruments
27. Items 190 - 191 vest assets and liabilities held by ATSIC on transfer day in the Commonwealth, with certain assets and liabilities exempted. Those exemptions are money standing to the credit of the Housing Fund and the Regional Land Fund, and housing loans, business loans and other assets which are declared to be exempted by the Minister. Item 192 provides that ATSIC instruments in force immediately before the transfer day continue as if they were instruments of the Commonwealth with certain instruments exempted.
28. Exempted assets, liabilities and instruments are vested in Indigenous Business Australia (those associated with the ATSIC Business Development Program and the Home Ownership Program) or the Indigenous Land Corporation (those associated with the Regional Land Fund and other landholdings of ATSIC). The Commonwealth’s interest in any grant or loan made under a business loans programme is vested in Indigenous Business Australia. Indigenous Business Australia is also liable to pay/discharge liabilities of the Commonwealth that existed in the relation to a business loans program.
Items 193 Constraints on money transferred from Regional Land Fund
29. Item 193 ensures that the assets formerly in the Regional Land Fund within ATSIC and vested in the Indigenous Land Corporation will continue to be used in accordance with the proposals of the Regional Councils until 1 July 2005.
Item 194 Proceedings
30. Item 194 provides that where ATSIC is a party to proceedings before any court or tribunal immediately before the transfer day the Commonwealth is substituted as that party. Indigenous Business Australia or the Indigenous Land Corporation is substituted for ATSIC in those proceedings relating to exempted assets, liabilities or instruments, or loans, grants, securities or guarantees transferred to Indigenous Business Australia or the Indigenous Land Corporation respectively.
Item 195 Reports and Financial Statements
31. Item 195 requires final reports and financial statements for ATSIC (for the period 1 July 2003 - 30 June 2004) to be prepared by the Secretary, submitted to the Auditor-General for opinion, provided to the Minister and tabled in the Parliament. Financial statements in the report are required to deal with the Housing Fund and the Regional Land Fund separately from each other and from the other finances of ATSIC.
Items 196 - 197 Certificates relating to assets, liabilities and instruments
32. Item 196 allows an authorised officer to certify assets and liabilities become those of the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation. It also allows an authorised officer to certify instruments as ATSIC instruments or exempted instruments. Item 197 exempts from taxation any transfer or dealing under Part 3.
Item 198 Repayment of grants and loans
33. Item 198 provides that grants and loans transferred to the Commonwealth, Indigenous Business Australia or the Indigenous Land Corporation from ATSIC continue on the same terms and conditions as the grant or loan made by ATSIC and that all remedies for a breach of a term or condition available to ATSIC remain available. Any notice issued by ATSIC prior to the transfer day under section 20 of the ATSIC Act would continue in effect as if the breach notice was issued by the body to whom the interest in the grant or loan transfers.
Item 199 Restriction on right to dispose of certain property
34. Item 199 prohibits an individual or body who was granted an interest in land by ATSIC or who acquired an interest in land using ATSIC money or an ATSIC guarantee before 1 July 2004 from disposing of such interest without obtaining consent from the appropriate consenting authority.
Item 200 Interest in land
35. Item 200 provides that certain liabilities of ATSIC are taken to be interests in land of the Commonwealth, Indigenous Business Australia and the Indigenous Land Corporation on and after 1 July 2004. Any liability of an individual or body to the Commonwealth, Indigenous Business Australia and the Indigenous Land Corporation which arise under items 198 or 199 will be treated as an interest in the land to which it relates.
Item 201 Preservation of Model Rules
36. Item 201 preserves the Regional Council Model Rules in force immediately before 1 July 2004. The Rules will have effect as if formulated by the Registrar of Aboriginal Corporations as required after 1 July 2004.
Items 202 - 204 Former Commissioners
37. Items 202 and 203 are saving provisions in relation to statements made by ATSIC under section 122A and petitions received by ATSIC under section 123 of the ATSIC Act. The Minister will replace the role of the Commission so as to continue the effect of statements made/petitions received beyond transfer day.
38. Item 204 provides that a person who was a Commissioner at any time on or after 14 April 2004 and held office as member of the Board of Directors of Indigenous Business Australia or the Board of the Indigenous Land Corporation immediately before the transfer day ceases to hold those offices from the transfer day.
Item 205 - 207 Rights of review of decisions before transfer day
39. Item 205 is a saving provision for internal review of certain decisions to refuse housing loans made by agents or delegates of ATSIC. The refusals are to be treated as refusals by an agent or delegate of Indigenous Business Australia and a request for reconsideration can be made to Indigenous Business Australia (within a certain time frame). There is also provision for Indigenous Business Australia to continue certain reconsideration processes already in train before the transfer day.
40. Item 206 is a saving provision in relation to Administrative Appeals Tribunal review of certain decisions of ATSIC made before the transfer day. The decisions are treated as decisions of the Commonwealth, Indigenous Business Australia and the Indigenous Land Corporation, as appropriate.
41. Item 207 gives a right to seek review by the Administrative Appeals Tribunal for certain decisions made by the Minister, Indigenous Business Australia and the Indigenous Land Corporation to issue notices under item 178 of Schedule 1 of this Act.
Item 208 Offences in relation to guarantees by ATSIC
42. Item 208 replicates provisions of the ATSIC Act which make it an offence for a person to make a misleading statement or present a document with misleading information in connection with a claim under a guarantee given under the ATSIC Act. Item 208 relates to guarantees give by ATSIC under Part 2 of the ATSIC Act before 1 July 2004.
Item 209 - 211 ATSIC notices and determinations
43. Items 209 - 211 are saving provisions in relation ATSIC notices under sections 124H or 124J, ATSIC determinations under subsection 127D(2) and function conferral under subsection 128(1). The notices/determinations continue to have effect beyond the transfer day and are treated as notices/determinations of the Minister.
Item 212 Delegations
44. Item 212 provides that the Minister may delegate certain of his or her powers conferred under Part 3 of Schedule 1 in relation to transitional and saving arrangements to the Secretary, an Australian Public Service Senior Executive Service employee or Chief Executive officer of a Commonwealth authority. A Secretary or agency head may sub-delegate these powers and functions.
Schedule 2 - Amendments and transitional and saving arrangements relating to the Office of Evaluation and Audit as at 1 July 2004
Schedule 2 - Part 1 - Amendments relating to Office of Evaluation and Audit
Item 1 Insert Part 4B
45. Item 1 inserts Part 4B relating to the Office of Evaluation and Audit (Indigenous Programs). This Part establishes an Office of Evaluation and Audit (Indigenous Programs) within the Department of the Minister responsible for administering this Part. An Office of Evaluation and Audit was formerly established within ATSIC. The purpose of the Office is to report to the Minister on evaluations or audits of:
a) relevant programs administered by Australian Government bodies; and
b) the activities of any individual or organisation that has received funding under any relevant program.
A relevant program is one that furthers the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders. The Office is to report on evaluations or audits as required by the Minister. The Office also has the power to inform the Minister of significant issues encountered in an evaluation or audit, and to inform the Minister of issues affecting the independence of the Office.
46. Item 1 also establishes the position of Director of Evaluation and Audit who will head the Office of Evaluation and Audit (Indigenous Programs). The Director must provide to the Minister a report on the operations of the Office as soon as practicable after 30 June each year. The Director is to be engaged under the Public Service Act 1999 , with relevant Agency Head being the Secretary of the Department. Other provisions ensure that the Director has full and free access to documents relating to the Australian Government body, individual or organisation subject to evaluation or audit.
Schedule 2 - Part 2 - Transitional and saving arrangements relating to Office of Evaluation and Audit
Items 2 - 6 Continuity of existing arrangements
47. Item 2 provides definitions for the transitional arrangements relating to the Office of Evaluation and Audit. Item 3 ensures that on 1 July 2004 the existing Office of Evaluation and Audit under the ATSIC Act will be continued as the Office of Evaluation and Audit (Indigenous Programs) established within the Department. Item 4 provides that the person holding office as the Director of Evaluation and Audit is taken to have been appointed by the Minister for the balance of their current term under the same terms and conditions provided for by the ATSIC Act.
48. Item 5 requires the Office of Evaluation and Audit (Indigenous Programs), when requested to do by the Minister, to evaluate or audit the activities of an individual or organisation, which had received grants, loans or loan guarantees from ATSIC. Item 6 requires that where the Office of Evaluation and Audit (Indigenous Programs), had commenced before 1 July 2004 an evaluation or audit of the activities of an individual or organisation, which had received a grant, loan or loan guarantee from ATSIC or certain other bodies, the Office of Evaluation and Audit (Indigenous Programs) must continue that evaluation or audit.
Schedule 3 - Abolition of Regional Councils, consequential amendments and transitional and saving arrangements
Schedule 3 - Part 1 - Abolition of Regional Councils
Item 1 Repeal of statutory basis for Regional Councils
49. Item 1 repeals Part 3 of the ATSIC Act which provides for the election and operation of Regional Councils. This will take effect from 1 July 2005.
Schedule 3 - Part 2 - Consequential amendments relating to abolition of Regional Councils
Items 2 - 19 Repeal of definitions
50. Items 2-16 and 18 repeal definitions in the ATSIC Act relating to Regional Councils which are no longer required as a result of the abolition of Regional Councils from 1 July 2005. Item 17 amends the definition of Torres Strait area to be that area declared by the Minister. Item 19 inserts section 143I to allow Schedule 4 to apply where there is a dispute in relation to a TSRA election.
Item 20 - Review by Administrative Appeals Tribunal
51. Item 20 repeals section 196 which provides for reviews by the Administrative Appeals Tribunal in relation to decisions about the removal of Regional Councillors from office.
Item 21 - Secrecy provision
52. Item 21 ensures that secrecy provisions continue to apply to certain office holders, for example, former members of Regional Councils, former members of advisory committees and former Administrators of Regional Councils after 1 July 2005.
Items 22 - 32 Schedule 4 disputes about electoral matters
53. Items 22-32 are consequential amendments and include the removal of references to Regional Council elections and Regional Council election rules.
Schedule 3 - Part 3 - Transitional and saving arrangements relating to Regional Councils
Item 33 Transitional arrangement definitions
54. Item 33 provides definitions for the transitional arrangements that facilitate the transfer of Regional Council assets, liabilities and instruments on 1 July 2005.
Item 34 Transfer of assets and liabilities
55. Item 34 vests Regional Council assets and liabilities in the Commonwealth from 1 July 2005.
Items 35 - 38 Instruments, proceedings, certificates and taxation
56. Items 35-37 provide that the operation of Regional Council instruments in relation to matters occurring after 1 July 2005 will have effect as if a reference to a Regional Council were a reference to the Commonwealth. The Commonwealth is substituted for a Regional Council in court or tribunal proceedings. Item 38 provides that any transfer or dealing under these transitional arrangements is not subject to stamp duty or other tax under Commonwealth, State or Territory laws.
Item 39 Saving provision
57. Item 39 is a saving provision in relation to Administrative Appeals Tribunal review of certain decisions of the Minister made after the 30 June 2004 and before 1 July 2005.
Schedule 4 - Amendment of other Acts consequent on the abolition of the Aboriginal and Torres Strait Islander Commission
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Items 1 - 2 Consequential
58. Item 1 removes reference to the Chief Executive Officer and staff of ATSIC from the delegation provisions in section 21B of the Aboriginal and Torres Strait Heritage Protection Act 1984. Item 2 is a saving provision and enables any delegation to an officer of the Department in force immediately before 1 July 2004 to continue to operate.
Aboriginal Councils and Associations Act 1976
Item 3 Consequential
59. Item 3 amends subsection 5(1) of the Aboriginal Councils and Associations Act 1976 to extend the functions of the Registrar to the formulation of model rules for the conduct of proceedings at Regional Council meetings.
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
Items 4 - 5 Consequential
60. Item 4 removes reference to the Chief Executive Officer and staff of ATSIC from the delegation provisions in section 5 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987. Item 5 is a saving provision with the effect that any delegation to an officer of the Department in force immediately before 1 July 2004 will continue to operate.
Aboriginal Land Rights (Northern Territory) Act 1976
Items 6 - 10 Consequential
61. Items 6-10 are consequential amendments to the Aboriginal Land Rights (Northern Territory) Act 1976 . These include removing reference to the Chief Executive Officer, staff or a member of ATSIC in the secrecy provisions of section 23E and transferring the role of the Commission in preparing an annual report for the operation of the Aboriginals Benefit Reserve under section 64B to the relevant Department.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
Items 11 - 21 Consequential
62. Items 11-21 are consequential amendments to the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 . Amendments include removing references to ATSIC and the ATSIC Act and the Torres Strait Islander Advisory Board. A Torres Strait Islander will continue to be appointed to the Australian Institute of Aboriginal and Torres Strait Islander Studies Council by the Minister but not on the recommendation of the Torres Strait Advisory Board which has been abolished. Item 17 is a saving provision with the effect that a person appointed by the Minister under paragraph 12(1)(b) before 1 July 2004 continues to hold office.
Environment Protection and Biodiversity Conservation Act 1999
Item 22 Consequential
63. Item 22 repeals subsection 74(1A) of the Environment Protection and Biodiversity Conservation Act 1999 removing the requirement for the Minister to inform and invite comments from ATSIC after receiving a proposal to take an action.
Human Rights and Equal Opportunity Commission Act 1986
Item 23 Consequential
64. Item 23 amends subsection 46C(3) of the Human Rights and Equal Opportunity Commission Act 1986 removing the requirement for the Aboriginal and Torres Strait Islander Social Justice Commissioner to consult ATSIC in the performance of his or her functions.
National Health and Medical Research Council Act 1992
Items 24 - 28 Consequential
65. Item 24 removes reference to an ATSIC member of the Council appointed under paragraph 20(f) of the National Health and Medical Research Council Act 1992 . Item 25 amends paragraph 20(f) to remove the requirement that ATSIC must nominate the person to be appointed to the Council under this paragraph. Item 26 is a saving provision enabling a member appointed on that basis before 1 July 2004 to continue to hold office for the balance of the term of their appointment.
Native Title Act 1993
Items 29 - 77 Consequential
66. References to ATSIC in Part 11 of Division 1 which deals with representative Aboriginal and Torres Strait Islander bodies are deleted and the Aboriginal and Torres Strait Islander Commission Act 1989 is substituted with the Aboriginal and Torres Strait Islander Act 2004. In considering whether to withdraw recognition of a body under section 203AH of the Native Title Act 1993 the Minister will consider reports given by the Secretary of the relevant Department. A representative body will now apply to the Secretary of the Department for funding. Repayment of funding after 1 July 2004 in cases where recognition is withdrawn from the representative body will be to the Commonwealth. Breaches of conditions of funding under section 203CA will be dealt with by the Secretary.
67. Amendments have been made to Part 11 to allow for the provision of funds from the Commonwealth by the Secretary of the relevant Department to representative bodies. This will remove the restriction of funding being provided through grants.
68. A representative body may be audited by the Office of Evaluation and Audit (Indigenous Programs) under the Aboriginal and Torres Strait Islander Act 2004. The role of ATSIC in informing the Minister of certain matters in relation to activities of representative bodies under sections 203F and 203FA will be substituted by the Secretary. Review of assistance decisions will be undertaken by the Secretary instead of ATSIC. A new section 203FI is added under which these powers of the Secretary under the provisions amended by this Act may be delegated to an officer of the Australian Public Service who is a member of the Senior Executive Service or equivalent rank.
Remuneration Tribunal Act 1973
Items 78 - 79 Consequential
69. Items 78-79 are consequential amendments to the Remuneration Tribunal Act 1973 and include substituting the Aboriginal and Torres Strait Islander Act 2004 for the Aboriginal and Torres Strait Islander Commission Act 1989 in subsection 7(9) and removing reference to the payment of remuneration and allowances of office holders under Part 2 or Part 3 of the ATSIC Act by moneys available to ATSIC.
Social Security Act 1991
Items 80 - 82 Consequential
70. Items 80-82 are consequential amendments to the Social Security Act 1991 and include removing references to ATSIC. The Secretary of the Department whose Minister is responsible for the administration of the Community Development Employment Program (CDEP) scheme will have responsibility for approving CDEP participant schedules under subsection 1188B(3) .