2022-2023

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

ABORIGINAL LAND GRANT (JERVIS BAY TERRITORY) AMENDMENT (STRENGTHENING LAND AND GOVERNANCE PROVISIONS) BILL 2022

 

 

 

 

 

ADDENDUM TO THE EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Indigenous Australians,

the Honourable Linda Burney MP)

aboriginal land GRANT (JERVIS BAY territory) amendment (STRENGTHENING LAND AND GOVERNANCE PROVISIONS) Bill 2022

 

This addendum responds to concerns raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest 7 of 2022 , dated 23 November 2022.

 

Corrections to the Notes on Clauses

 

Insert new paragraphs after paragraph 22

 

22.1. It is necessary and appropriate to include a no-invalidity clause in subsection 29(1A). The Council is a corporate Commonwealth entity. Its functions include holding title to Aboriginal land, exercising powers as land owner and conducting business enterprises for the economic and social benefit of the community. As such the Council enters into contracts and other arrangements with other parties. It is important that parties dealing with the Council, and who have no means of establishing whether or not the Council’s internal governance requirements have been satisfied, have certainty when transacting in good faith with the Council.

 

22.2. Further, the Council’s executive committee is comprised of nine members and decisions are made by a majority of votes (at a meeting of the executive committee, five executive committee members constitute a quorum). The no-invalidity clause means that if an individual member of this committee was found not to be a fit and proper person, then the decisions of the committee as a whole would not be undermined. The executive committee is part of the accountable authority of the Council and its members must comply with the duties set out in the Public Governance, Performance and Accountability Act 2013 including the duty to act honestly, in good faith and for proper purpose.