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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

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT

(BUDGET AND OTHER MEASURES) BILL 2010

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of the

Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MP)

 



FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT

(BUDGET AND OTHER MEASURES) BILL 2010

 

OUTLINE

 

These amendments are to withdraw from the Bill the measures relating to the scheduling of land (Schedule 3) and the Indigenous Land Corporation (Schedule 4).

 

The Indigenous Land Corporation measure as introduced would have made amendments to the Aboriginal and Torres Strait Islander Act 2005 to include a power for the Minister to make guidelines that would apply to the Indigenous Land Corporation when it performs its functions to support native title settlement.

 

This measure has been referred to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report by the first sitting day in 2011.

 

This reporting date would not allow the Bill to be passed in the 2010 Spring sittings.  However, passage in those sittings would be necessary for two important measures in the Bill to commence, as intended, on 1 January 2011.

 

The two measures are special disability trusts (Schedule 1) and residence required to qualify for disability support pension (Schedule 2).  Both measures have been widely publicised to commence on 1 January 2011.  If the Bill does not pass in the 2010 Spring sittings, uncertainty and possible financial disadvantage may result for potentially significant numbers of customers who may have altered their personal arrangements.

 

In withdrawing Schedule 4 from the Bill primarily to allow Schedules 1 and 2 the best chance of passage in the 2010 Spring sittings, the Government also intends the Committee to have enough time to inquire into the Indigenous Land Corporation measure.

 

The scheduling of land measure as introduced would have added further parcels of land to Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976 to enable the land to be granted to relevant Aboriginal Land Trusts.  The measure is to be withdrawn from this Bill to allow one of the land area measurements, drawn from the survey plan for the land in question, to be clarified before the scheduling goes ahead.

 

As with the withdrawal of the Indigenous Land Corporation measure, withdrawal of the scheduling of land measure would allow the more time-critical measures in the Bill to progress.  Once clarified, the scheduling of land measure would be reintroduced.

 

Financial impact statement

 

There is no financial impact from these amendments.

 



FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT

(BUDGET AND OTHER MEASURES) BILL 2010

 

Government amendments

 

 

NOTES ON AMENDMENTS

 

Amendment 1 amends the long title of the Bill to remove the references to the Aboriginal land rights (scheduling of land) and Indigenous Land Corporation measures as purposes of the Bill.

 

Amendment 2 removes the references to the scheduling of land and Indigenous Land Corporation measures from the commencement clause in the Bill.

 

Amendment 3 omits Schedules 3 and 4, which contain the scheduling of land and Indigenous Land Corporation measures.