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Native Title Amendment Bill (No. 2) 2009

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2008-2009-2010

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

 

 

 

 

 

 

Native Title Amendment Bill (No.2) 2009

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the

Attorney-General, the Hon Robert McClelland MP)



 

Native Title Amendment Bill (No.2) 2009

 

 

 

OUTLINE

 

These Government amendments are made to proposed subsection 24JAA(3) of new Subdivision JA introduced in Schedule 1 to the Native Title Amendment Bill (No.2) 2009 (the Bill). 

 

Subdivision JA of the Bill provides a process to assist the timely construction of public housing and a limited class of public facilities for Aboriginal people and/or Torres Strait Islanders in communities on Indigenous held land.  In particular, subsection 24JAA(3) lists the types of facilities that may be provided under Subdivision JA.  Notably, subsection 24JAA(3) of the Bill as introduced was not intended to apply to housing for community service staff.

 

These amendments will adjust the coverage of subsection 24JAA(3) to include staff housing that is provided in connection with public housing, public education facilities, public health facilities, police facilities and emergency facilities.  Providing adequate housing for community service staff is an important part of ensuring there are sufficient staff to deliver services to Indigenous Australians living in remote communities. Failure to provide for staff housing may impact upon the operation of the public facilities constructed under the new process.

 

This amendment is consistent with the Government’s policy to remove systemic obstacles to the timely delivery of housing and services in Indigenous communities

 

                      

Financial impact statement

 

These amendments do not affect the financial impact of the Bill.



Native Title Amendment Bill (No.2) 2009

 

Government Amendments

 

The following amendments are to proposed subsection 24JAA(3) of new Subdivision JA of the Native Title Act 1993 , as inserted by Schedule 1 to the Bill.

 

 

NOTES ON AMENDMENTS

 

Amendment 1 inserts an additional paragraph 24JAA(3)(ba) after paragraph 24JAA(3)(b). 

 

Subsection 24JAA(3) lists the types of facilities that may be provided under Subdivision JA.  Additional paragraph 24JAA(3)(ba) refers to staff housing provided in connection with those things listed in paragraphs 24JAA(3)(a) and 24JAA(3)(b) - that is, public housing for Aboriginal people and Torres Strait Islanders, and public education facilities, public health facilities, police facilities and emergency facilities that benefit those people.

 

Amendment 2 amends paragraph 24JAA(3)(c) by omitting and substituting “or (b)” with “(b) or (ba)”.   

 

Proposed paragraph 24JAA(3)(c) provides that the types of facilities that may also be provided under new Subdivision JA include the facilities covered by subsection 24KA(2), sewage treatment facilities, and things prescribed by regulation, if any, that are provided in connection with housing or other facilities covered by paragraphs 24JAA(3)(a) and 24JAA(3)(b).

 

Amendment 2 means that paragraph 24JAA(3)(c) also applies to facilities referred to in additional paragraph 24JAA(3)(ba) (as inserted by amendment 1).  For example, the coverage of paragraph 24JAA(3)(c) could extend to water supply or pipelines which are provided in connection with staff housing.