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Aboriginal and Torres Strait Islander Commission Amendment Bill 2005

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2004-2005

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT BILL 2005

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

(Circulated by authority of the Minister for Immigration and Multicultural and Indigenous Affairs, Senator the Honourable Amanda Vanstone)

 

 

 

 

Amendment (1)   Abolition of Regional Councils

 

This amendment to the Bill will mean that Regional Councils are abolished on 1 July 2005 or the day immediately following the abolition of ATSIC, whichever is the later, and the commencement provisions for Schedule 3A are removed (refer to Amendment (4) below).

 

Amendment (2)  Directions to Indigenous Business Australia

 

This amendment to the Bill will allow the Minister to give general directions to Indigenous Business Australia in relation to all its functions.

 

Amendment (3) - Review of Indigenous Business Australia’s decisions

 

This amendment to the Bill will remove a provision for review by the Administrative Appeals Tribunal of decisions by Indigenous Business Australia to refuse housing or business loans or guarantees in respect of housing or business loans.  To some extent this provision duplicates a provision in the Bill dealing with review by the Administrative Appeals Tribunal of decisions made by Indigenous Business Australia to refuse a housing loan (new s181B to be inserted by item 126 of Schedule 1).

 

Amendment (4) - continuation of Regional Councils

 

This amendment will remove Schedule 3A from the Bill.  Schedule 3A deals with transitional arrangements in relation to Regional Councils for the period to 1 January 2006 and will not be necessary if Regional Councils are abolished on 1 July 2005 or the day immediately following the abolition of ATSIC.

 

 

Amendment (5) - Environment Protection and Biodiversity Conservation Act 1999

 

This amendment to the Bill will mean that the requirement under subsection 74(1A) of the Environment Protection and Biodiversity Conservation Act 1999 for the Minister to consult ATSIC on certain proposals is not replaced with a requirement to consult the Indigenous Advisory Committee and the Indigenous expert on the Heritage Council.