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Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Bill 2018

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2016-2017-2018

 

 

 

 

 

THE P A R L I A M ENT O F THE C O MM ON W E A L TH O F A U S T R A L I A

 

 

 

 

 

 

H OU S E OF R E P R E S E N T A T I VES

 

 

 

 

 

 

ABORIGINAL AND TORRES STRAIT ISLANDER LAND AND SEA FUTURE FUND (CONSEQUENTIAL AMENDMENTS) B I L L 2018

 

 

 

 

 

EX P L A N AT O R Y M E M O R A NDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

( Ci rc u l a t e d b y t he a u t h or i t y of t he M i n i s t e r f o r Indigenous Affairs , S e n a t or t he H on Nigel Scullion)



T a b l e o f a bb r e v i a t io ns a nd c o mm o n ter m s

 

A bb re v i a t i on or

c o m m on te r m

Description

A g e n c y

means the F u t u r e F und M a n a g e m e n t A g e n c y established by section 74 of the Future Fund Act 2006

ATSI Act

means the Aboriginal and Torres Strait Islander Act 2005

ATSILSFF

means the Fund established by section 11 of the ATSILSFF Act

ATSILSFF Act

means the Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018

ATSILSFF Special Account

means the Aboriginal and Torres Strait Islander Land and Sea Future Fund Special Account established by section 12 of the ATSILSFF Act

BAF

means the Building Australia Fund established by section 12 of the Nation-building Funds Act

BAF Special Account

means the Building Australia Fund Special Account established by section 13 of the Nation-building Funds Act

DCAF

means the DisabilityCare Australia Fund established by

section 10 of the DCAF Act

DCAF Act

means the DisabilityCare Australia Fund Act 2013

DCAF Special Account

means the DisabilityCare Australia Fund Special Account established by section 11 of the DCAF Act

EIF

means the Education Investment Fund established by

section 131 of the Nation-building Funds Act

EIF Special Account

means the Education Investment Fund Special Account established by section 132 of the Nation-building Funds Act

Finance Minister

has the same meaning as defined in the PGPA Act

Future Fund

means the Future Fund established by section 11 of the Future Fund Act

Future Fund Act

means the Future Fund Act 2006

Future Fund Board

means the Future Fund Board of Guardians established by section 34 of the Future Fund Act

Future Fund Special Account

means the Future Fund Special Account established by section 12 of the Future Fund Act

ILC

means the Indigenous Land Corporation established by section 191A of the ATSI Act

Indigenous Affairs Minister

means the Minister who administers Part 4A of the ATSI Act

Land Account

means the Aboriginal and Torres Strait Islander Land Account, continued in existence by repealed section 192W of the ATSI Act , and repealed by the Item 3 to Schedule 1 of the Bill

MRFF

means the Medical Research Future Fund established by section 11 of the MRFF Act

MRFF Act

means the Medical Research Future Fund Act 2015

Nation-building Funds

means the Nation-building Funds established by sections 12 and 131 of the Nation-building Funds Act

Nation-building Funds Act

means the Nation-building Funds Act 2008

Nominated Minister

means the Minister nominated by the responsible Ministers under section 83 of the Future Fund Act

PGPA Act

means the Public Governance, Performance and Accountability Act 2013

Responsible Ministers

means the following:

(a)       the Treasurer; and

(b)       the Finance Minister

 



Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) B ill 2018

 

O u t li ne

 

1.       The Bill makes a number of consequential amendments to other pieces of legislation required to enable the effective operation of the ATSILSFF at commencement. It accompanies the Aboriginal and Torres Strait Islander Future Fund Bill 2018 (the substantive Bill that has prompted the necessity for this Bill). It also takes account of the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Bill 2018, which will extend the functions of the ILC to rights in relation to water, and rename the ILC the ‘Indigenous Land and Sea Corporation.’ Together, these Bills form a suite of reforms to support the ILC to assist Aboriginal persons and Torres Strait Islanders acquire and benefit from land and waters.

 

2.       The ATSILSFF Bill establishes the ATSILSFF as a dedicated financial asset to enhance the Commonwealth’s ability to continue to make annual and additional payments to the ILC.

 

3.       The ATSILSFF will be established as the ATSILSFF Special Account and the investments of the ATSILSFF (made and managed by the Future Fund Board).

 

4.       The consequential amendments made in the Bill support the establishment of the ATSILSFF in that they:

 

a.        extend the Future Fund Board’s duties to manage the ATSILSFF; and

 

b.       allow for amounts to be transferred between the ATSILSFF and the Future Fund to allow for proper apportioning of common expenses incurred by the Future Fund Board in managing the ATSILSFF, the Future Fund, MRFF, the Nation-building Funds and the DCAF.

 

5.       The Bill amends the ATSI Act, the Future Fund Act, the Nation-building Funds Act, the DCAF Act and the MRFF Act .

 

6.       The Bill closes the Land Account by repealing relevant sections of the ATSI Act. The closure of the Land Account is a consequence of the decision to establish the ATSILSFF with an initial balance (money and investments) equal to the balance of the Land Account immediately before the time of establishment of the ATSILSFF.

 

7.       The Bill also provides for amendments to the ATSILSFF Act that are contingent on the repeal of the Nation-building Funds Act by the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Bill 2017. If the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Bill 2017 does not commence, these contingent amendments will not take effect.

 

8.       The Bill further provides for amendments to the ATSILSFF Act that are contingent on the enactment of the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Act 2018 . If this Act is not enacted, these contingent amendments will not take effect.

 

9.       Finally, the Bill makes three minor technical corrections to the MRFF Act.

 

10.   Providing for a separate Bill for consequential amendments conforms to the Commonwealth practice to reduce the complexity of principal Acts.

 

F i n a n cial I mp a c t S t a t e m e nt

 

11.   The B ill h a s no f in a n c i a l imp ac t.

 

S t a t e m e n t o f C o mp a t i b il i t y w i t h H um a n R i g h ts

 

12.   The statement of compatibility with human rights appears at the end of this explanatory memorandum.

 

 



Aboriginal and Torres Strait Islander Land and Sea Future Fund ( C o n se q u e n t ial A men d m e n t s) B ill 2018

 

N ot e s o n Clauses

 

N ot e : The clauses in the B ill w ill b ec ome s e c tionsof the Ac t on R o y a l A ss e nt.

 

Clause 1 - Sh o r t Ti t l e

 

13.   This clause p r ov i d e s f or t h e Ac t t o be c it e d a s t he Aboriginal and Torres Strait Islander Land and Sea Future Fund ( C ons e qu e nti a l A m e n d m e nts) Act 2018.

 

Clause 2 - Commencement

 

14.   Clause 2 deals with commencement of the provisions in the Bill. This clause has the effect of providing that:

 

a.        Sections 1 to 3 and anything in the Act not elsewhere covered by this table is to commence on the day the Act receives the Royal Assent.

 

b.       Schedule 1 commences at the same time as the ATSILSFF Act. This is to ensure that administrative arrangements for the ATSILSFF are in place from the establishment of the fund. However, Schedule 1 does not commence at all if the ATSILSFF Act does not commence.

 

c.        Schedule 2 also commences at the same time as the ATSILSFF Act. Again, this is to ensure that administrative arrangements for the ATSILSFF are in place from the establishment of the fund.



However, Schedule 2 will not commence if Part 1 of Schedule 1 to the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Act 2018 commences before the commencement of the ATSILSFF Act. If this occurs, the amendments in Schedule 2 will not be necessary.



Schedule 2 also does not commence at all if the ATSILSFF Act does not commence.

 

d.       Schedule 3 commences on the later of:

 

i.          Immediately after the commencement of the ATSILSFF Act; and

 

ii.        The commencement of Part 1 of Schedule 1 to the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Act 2018 .



However, the provisions do not commence at all unless both of these events occur.

This is because the amendments in Schedule 3 are contingent on the repeal of the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Act 2018 .

 

e.        Schedule 4 commences on the later of:

 

i.          Immediately after the commencement of the ATSILSFF Act; and

 

ii.        The commencement of Schedule 2 to the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Act 2018 .



However, the provisions do not commence at all unless both of these events occur.



This is because the amendments in Schedule 4 are contingent on the enactment of the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Act 2018 .

 

f.        Schedule 5 commences on the day after the Act receives the Royal Assent.



Clause 3 - Schedules

 

19.    This clause p r ov i d e s t h a t e ac h Ac t sp e c i f i e d i n a Sc h e du l e t o t h i s Ac t i s a me nd e d or re p ea l e d as s e t out i n t he S c h e du l e c on cer n e d.

 



S ch e d u l e 1 - General A me nd me n t s

 

Aboriginal and Torres Strait Islander Act 2005

 

20.    I t e m 1 repeals the definition of Land Account from the definitions in subsection 4(1) of the ATSI Act, as this Bill closes the Land Account.

 

21.    I t e m 2 omits the reference to the Land Account in the heading for Part 4A of the ATSI Act.

 

22.    Item 3 repeals Division 10 of Part 4A of the ATSI Act. This division continued the Land Account in existence and provided for payments to the ILC.

 

DisabilityCare Australia Fund Act 2013

 

23.   I t e m 4 inserts new paragraph 16(a)(v) in the DCAF Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in establishing and operating bank accounts related to the DCAF can be met from the DCAF Special Account to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

24.    It e m 5 inserts new paragraph 16(b)(v) in the DCAF Act. The effect of this amendment is to provide that the cost of i nsuran c e i ncurred b y the Future Fund Board i n re l a ti on t o t heDCAF can be m et from the DCAF Special Account to the e x t ent t hat such i nsurance p re mi u m s do not re l a t e t o a n yo t her Fund invested by the Future Fund Board, i nc l ud i n g t heATSILSFF.

 

25.   I t e m 6 inserts new paragraph 16(c)(v) in the DCAF Act. The effect of this amendment is to provide that e x p e ns e s i n c u rre d b y the Future Fund Board i n re l a ti on t o m a n a g i n g the DCAF ca n be m e t f r om the DCAF Special Account to t he e x t e nt t h a t su c h e x p e ns e s do not re l a t e t o a n y o t h e r F und invested by the Future Fund Board, i n c l ud i n g t he ATSILSFF .

 

Futu re F un d A c t 2006

 

26.    I t e m 7 replaces t he n o t e to s ec t i on 4 of the Future Fund Act. The substituted note c on f i r ms t h a t t he F u t u r e F und B o a r d h a s a dd iti on a l f un c ti ons und e r the ATSILSFF Act.

 

27.    I t e m 8 ins er ts d ef i n iti ons of Aboriginal and Torres Strait Islander Land and Sea Future Fund , and Aboriginal and Torres Strait Islander Land and Sea Future Fund Special Account . These expressions are defined by reference to the ATSILSFF Act.



28.    This item also inserts a definition of Indigenous Affairs Minister in the Future Fund Act. This expression is defined as the Minister who administers Part 4A of the ATSI Act. Part 4A of the ATSI Act establishes the ILC.

 

29.    I t e m 9 replaces No t e 2A t o sec ti on 13 of the Future Fund Act. The substituted note explains that Schedule 2A to the Future Fund Act is about transfers of amounts from the Future Fund to the other Funds invested by the Future Fund Board, including the ATSILSFF.

 

30.    I t e m 10 inserts new paragraph 28(5)(bc) and Item 11 inserts new paragraphs 28(5)(i) in the Future Fund Act. The effect of these amendments is to a ll ow the same person to be engaged as an investment manager for more than one Fund invested by the Future Fund Board, including the ATSILSFF .

 

31.    I t e m 12 replaces the note to section 33 of the Future Fund Act. The substituted note explains that the Future Fund B o ar d h a s a dd iti on a l f u n c ti ons und e r other legislation, including the ATSILSFF Act .

 

32.    I t e m 13 inserts new subparagraph 35(b)(v) in the Future Fund Act. This amendment provides that the Future Fund Board has the functions conferred on the Future Fund Board by t he ATSILSFF Act.

 

33.    I t e m 14 inserts new paragraph 55(3)(d) in the Future Fund Act. This amendment provides t h a t t he Future Fund B o a r d s re p o r ti ng ob l i g a ti ons i n re l a ti on t o t he F u t u r e F u n d do not i n c l ude it s s e p a r a t e re p o r ti ng ob l i g a ti on t o t he r e spons i b l e M i n i s t er s und e r t he ATSILSFF Act.

 

34.    Items 15 inserts the word ‘or’ at the end of paragraph 63(1)(d) of the Future Fund Act, Item 16 inserts new paragraph 63(1)(e) in the Future Fund Act, and Item 17 inserts new paragraph 63(2)(ad) in the Future Fund Act . These amendments ensure that neither a Future Fund Board member nor the Chair of the Future Fund Board breaches civil or criminal obligations under the Future Fund Act by performing an act that the Future Fund Board member or Chair is required to perform under the ATSILSFF Act.

 

35.    I t e m 18 inserts new subsection 81(1F) and Item 19 inserts new subsection 81(2F) in the Future Fund Act. These amendments re qu i r e t h a t t he a n n u a l r e po r t p re p a re d b y t h e C h a i r of t he Future Fund B o ar d i n c l u de a re p o r t on t hep e r f o r m a n c e of i nv e s tm e n t s of t he ATSILSFF a nd t he a m oun t s d e b it e d fr om t he ATSILSFF f o r pu r pos e s a ll o we d und e r the ATSILSFF Act. In addition, the annual report will also need to include b e n c h ma r ks i n re l a ti o n t o t he p erf o r m a n c e o f t he d e b it s fr om t he ATSILSFF . This is consistent with arrangements for the other Funds invested by the Future Fund Board.

 

36.    Item 20 inserts new paragraph 81(4)(da) in the Future Fund Act. The effect of this amendment is to include the Indigenous Affairs Minister in the list of Ministers to whom the nominated Minister must give a copy of the annual report given to the nominated Minister under section 46 of the PGPA Act.

 

37.    Item 21 inserts the word ‘or’ after paragraph 83B(1)(db) and I t e m 22 inserts new paragraph 83B(1)(dc) in the Future Fund Act. The effect of these amendments is to a ll ow the Future Fund Board t o d e le g a t e it s po we r t o e n g a ge i nv e s tm e nt m a n a g er s for purposes in connection with the ATSILSFF t o t he C h a i r of t he Future B o ar d o r a SES E m p l o y e e in t he A g e n c y .

 

38.    I t e m 23 inserts new subparagraph 84(1)(b)(iic) a n d Item 25 inserts new subparagraph 84(1)(b)(ix) in the Future Fund Act. The effect of these amendments is to provide t h a t a n y a m ount of m on e y re c e i v e d b y the Future Fund Board m ust be c r e d it e d t o t he F u t u r e F und S p ec i a l A c c ount i f none of the legislation for the other Funds invested by the Future Fund Board requires the amount to be credited to these other Funds. Item 24 inserts the word ‘or’ at the end of subparagraph 84(1)(b)(viii) of the Future Fund Act .

 

39.    I t e m 26 inserts new subsection 84(4C) in the Future Fund Act. The effect of this amendment is t o a ll ow t he no mi n a t e d M i n i s t e r t o p r ov i de a wr itt e n d i rec ti on t o t he Future Fund B o a r d re qu i r i ng a n a m ount cre d it e d t o t he F u t u r e F und S p ec i a l Account und e r subs e c ti on 84 ( 1) of the Future Fund Act t o be d e b it e d fr om t h e Future Fund Special Account a nd cre d it e d t o t he ATSILSFF Special Account.

 

40.    I t e m 27 replaces ‘(4B)’ in paragraph 84(5)(b) of the Future Fund Act with ‘(4B) and ‘(4C).’ The effect of this amendment is to provide that if an amount is credited to the Future Fund Special Account under subsection 84(1) of the Future Fund Act, the sum of one or more amounts specified under new subsection 84(4C) must not exceed the amount of the credit.

 

41.    I t e m 28 replaces ‘(4B)’ in subsection 84(6) of the Future Fund Act with ‘(4B) or (4C)’. The effect of this amendment is to declare that a wr itt e n di r e c tion m a de und e r new subsection 84(4C) is not a le g i s l a ti ve i ns t r u m e n t . This is consistent with the status of other written directions that can be made by the nominated Minister under subsections 84(2), 84(3), 84(4) and 84(4A) for the transfer of amounts to other special accounts as provided for under those subsections.

 

42.    I t e m s 29, 30 a n d 31 a me nd paragraphs 2(2)(a), 2(2)(b) and 2(2)(c) of S c h e du l e 2 of the Future Fund Act t o make reference to certain provisions of the ATSILSFF Act. The effect of these amendments is to provide t h a t the purposes of the Future Fund Special Account include debits by the Future Fund Board to pay b a nk a cc ount e x p e ns e s, i nsu ra n c e p r e mi u m s a nd c os t s re l a ti ng t o t he m a n a g em e nt of t he ATSILSFF .

 

43.    I t e m 32 substitutes reference to the MRFF in Clause 1 of Schedule 2A of the Future Fund Act with reference to the MRFF and the ATSILSFF. Clause 1 of Schedule 2A provides a simplified outline of the Schedule.

 

44.    Item 33 adds new clause 7 at the end of Schedule 2A of the Future Fund Act. New clause 7 will allow the nominated Minister under the Future Fund Act to require, by writing, the reversal of a debit from the ATSILSFF to meet bank account, insurance premium or other costs relating to the ATSILSFF. This reversal is to be effected by debiting the Future Fund Special Account and crediting the ATSILSFF Special Account. The reversal amount cannot exceed the amount originally debited from the ATSILSFF Special Account. The nominated Minister’s written direction is declared not to be a legislative instrument.

 

Medical Research Future Fund Act 2015

 

45.    Item 34 inserts new subparagraph 19(a)(ia) in the MRFF Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in establishing and operating bank accounts related to the MRFF can be met from the MRFF Special Account to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

46.    Item 35 inserts new subparagraph 19(b)(ia) in the MRFF Act. The effect of this amendment is to provide that the cost of insurance incurred by the Future Fund Board in relation to the MRFF can be met from the MRFF Special Account to the extent that such insurance premiums do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

47.    Item 36 inserts new subparagraph 19(c)(ia) in the MRFF Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in relation to managing the MRFF can be met from the MRFF Special Account to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

Part 2—Transitional provision

 

48.    Item 37 is a transitional provision that maintains the existing arrangements for the preparation and tabling of the annual report about the Land Account for the financial year ending on 30 June 2018, despite the repeal of provisions of the ATSI Act dealing with the Land Account by this Bill. This provision ensures that there is no gap in oversight and reporting about the Land Account after its closure.

 

 



Schedule 2 - Amendment of the Nation-building Funds Act 2008

 

Nation-building Funds Act 2008

 

49.    Item 1 inserts new subparagraph 20(a)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in establishing and operating bank accounts related to the BAF can be met from the BAF Special Account to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

50.    Item 2 inserts new subparagraph 20(b)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that the cost of insurance incurred by the Future Fund Board in relation to the BAF can be met from the BAF Special Account to the extent that such insurance does not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

51.    Item 3 inserts new paragraph 20(c)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in relation to managing the BAF can be met from the BAF Special Account, to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

52.    Item 4 inserts new subparagraph 138(a)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in establishing and operating bank accounts related to the EIF can be met from the EIF Special Account to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

53.    Item 5 inserts new paragraph 138(b)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that the cost of insurance incurred by the Future Fund Board in relation to the EIF can be met from the EIF Special Account to the extent that such insurance does not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 

54.    Item 6 inserts new subparagraph 138(c)(viii) in the Nation-building Funds Act. The effect of this amendment is to provide that expenses incurred by the Future Fund Board in relation to managing the EIF can be met from the EIF Special Account, to the extent that such expenses do not relate to any other Fund invested by the Future Fund Board, including the ATSILSFF.

 



Schedule 3—Amendments contingent on the repeal of the Nation-building Funds Act 2008

 

Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018

 

55.    If the Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Act 2017 repeals the Nation-building Funds Act, Item 1 will repeal subparagraphs 16(a)(iv), (b)(iv) and (c)(iv) of the ATSILSFF Act. These provisions specify as additional purposes of the ATSILSFF Special Account certain expenses incurred by the Future Fund Board for which the account may be debited, to the extent that such expenses do not relate to the BAF or the EIF.

 



Schedule 4 - Amendments contingent on the enactment of the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Act 2018

 

Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018

 

56.    If enacted, the Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Act 2018 will rename the ‘Indigenous Land Corporation’ continued in existence by section 191A of the Aboriginal and Torres Strait Islander Act 2005 the ‘Indigenous Land and Sea Corporation.’ Items 1, 5 to 9, and 11 to 21 will update references to the Indigenous Land Corporation in the ATSILSFF Act to reflect this change.

 

57.    Items 2 to 4 will repeal definitions for ‘Indigenous Land Corporation’ and ‘Indigenous Land Corporation Funding Special Account’ and replace these expressions with definitions for Indigenous Land and Sea Corporation and Indigenous Land and Sea Corporation Funding Special Account .

 

58.    Item 10 will repeal subsection 20(1) of the ATSILSFF Act and substitute new subsection 20(1) to continue in existence the special account established by section 20 of the ATSILSFF Act under the name the ‘Indigenous Land and Sea Corporation Funding Special Account.’ A note to new subsection 20(1) will explain that the special account established by section 20 was originally named the ‘Indigenous Land Corporation Funding Special Account.’

 



Schedule 5 - Amendment of the Medical Research Future Fund Act 2015

 

Medical Research Future Fund Act 2015

 

59.    Items 1, 2 and 3 correct references in subparagraphs 19(a)(iv), 19(b)(iv) and 19(c)(iv) of the MRFF to particular provisions of the DCAF Act. The effect of these amendments is to correctly specify as additional purposes of the MRFF Special Account certain expenses incurred by the Future Fund Board for which the account may be debited, to the extent that such expenses do not relate to the DCAF.

 



S t a t e m e n t o f C o mp a t i b il i t y w i t h H um a n R i g h ts

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Bill 2018

 

60.   The Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Bill 2018 (the Bill) is compatible with the human rights and freedoms recognized or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

 

61.   The Bill deals with consequential matters arising from the enactment of the Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018 . This includes the following amendments:

 

a.        amendments to the Future Fund Act to give the Future Fund Board functions in relation to the ATSILSFF; and

 

b.       amendments to the DCAF Act, the Future Fund Act, the MRFF Act and the Nation-building Funds Act to allow amounts to be transferred between the ATSILSFF and the Future Fund to allow for proper apportioning of common expenses incurred by the Future Fund Board in managing the ATSILSFF, the DCAF, the Future Fund, the MRFF, and the Nation-building Funds.

 

c.        amendments to the ATSI Act to close the Land Account, as a consequence of the decision to establish the ATSILSFF with an initial balance (money and investments) equal to the balance of the Land Account immediately before the time of the establishment of the ATSILSFF.

 

Human rights implications

 

62.   The consequential amendments in the Bill are administrative or machinery in nature. None of these amendments directly advances or limits a relevant human right or freedom.

 

63.    To the extent these amendments facilitate the establishment of the ATSILSFF to replace the Land Account, these amendments may indirectly engage the human rights or freedoms engaged by the ATSILSFF Bill. The ATSILSFF Bill is compatible with human rights because it indirectly advances the right to self-determination, and the right to enjoy and benefit from culture, and indirectly facilitates the continuation of a special measures and arrangements that constitute legitimate differential treatment.

 

Conclusion

 

64.    This Bill is compatible with human rights.