Title Aboriginal and Torres Strait Islander Commission Amendment Bill 2004
Database Bills & Legislation
Long Title a Bill for an Act to amend the [itals]Aboriginal and Torres Strait Islander Commission Act 1989[eitals], and for related purposes
Date 27-05-2004 12:00 AM
Source House of Reps
Parl No. 40
Bill Number 2004/090
Bill Type Government
Portfolio Immigration and Multicultural and Indigenous Affairs portfolio
Reps Bill Code O
Status Not Proceeding
System Id legislation/bills/r2064_first/0005


Aboriginal and Torres Strait Islander Commission Amendment Bill 2004
Schedule 4—Amendment of other Acts and transitional and saving arrangements

  

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

1  Paragraphs 21B(1)(b) and (c)

Repeal the paragraphs, substitute:

                 or (b)  an officer of the Department.

2  Saving provision

Despite the amendment of section 21B of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, any delegation by the Minister to an officer of the Department that was in force under that section immediately before 1 July 2004 continues in force on and after that day as if it were a delegation made by the Minister under that section as amended by this Act.

Aboriginal Councils and Associations Act 1976

3  At the end of subsection 5(1)

Add:

            ; and (d)  to formulate model rules, not inconsistent with the Aboriginal and Torres Strait Islander Act 2004, for the conduct of proceedings at meetings of Regional Councils elected under that Act.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

4  Paragraphs 5(1)(b) and (c)

Repeal the paragraphs, substitute:

                 or (b)  an officer of the Department.

5  Saving provision

Despite the amendment of section 5 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987, any delegation by the Minister to an officer of the Department that was in force under that section immediately before 1 July 2004 continues in force on and after that day as if it were a delegation made by the Minister under that section as amended by this Act.

Aboriginal Land Rights (Northern Territory) Act 1976

6  At the end of paragraph 23E(3)(a)

Add “or”.

7  At the end of paragraph of 23E(3)(b)

Add “or”.

8  Paragraph 23E(3)(ba)

Repeal the paragraph.

9  Subsection 64B(1)

Omit “Commission”, substitute “Department”.

10  Subsection 64B(5)

Repeal the subsection.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

11  At the end of section 2

Add:

Note:          The Aboriginal and Torres Strait Islander Commission Act 1989 was renamed the Aboriginal and Torres Strait Islander Act 2004. See item 3 of Schedule 1 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2004.

12  Section 3 (definition of Advisory Board)

Repeal the definition.

13  Section 3 (definition of Commission)

Repeal the definition.

14  Section 3 (definition of Commission Act)

Repeal the definition.

15  Section 3 (definition of TSRA)

Omit “Commission Act”, substitute “Aboriginal and Torres Strait Islander Act 2004”.

16  Paragraph 12(1)(b)

Omit “and whose appointment has been recommended by the Advisory Board”.

17  Saving provision

A person appointed by the Minister under paragraph 12(1)(b) of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 as in force immediately before 1 July 2004 continues to hold office, on and after that day, for the balance of the term of the person’s appointment, as if the person had been appointed by the Minister under that paragraph of the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 as amended by this Act.

18  Subsection 42(2)

Omit “the Commission and”.

19  Subsection 42(3)

Omit “the Commission or” (wherever occurring).

Note:       The heading to section 42 is altered by omitting “Commission and”.

20  Subsection 43(1)

Omit “, the Commission”.

21  Paragraph 43(2)(b)

Omit “the Commission or”.

Note:       The heading to section 43 is altered by omitting “or Commission”.

Environment Protection and Biodiversity Conservation Act 1999

22  Subsection 74(1A)

Repeal the subsection.

Human Rights and Equal Opportunity Commission Act 1986

23  Subsection 46C(3)

Omit “must, as appropriate, consult the Aboriginal and Torres Strait Islander Commission and”.

National Health and Medical Research Council Act 1992

24  Section 4 (definition of ATSIC member)

Repeal the definition.

25  Paragraph 20(f)

Repeal the paragraph, substitute:

                      (f)  a person having knowledge of the health needs of Aboriginal persons or Torres Strait Islanders;

26  Saving provision

A person who was appointed by the Minister under section 21 of the National Health and Medical Research Council Act 1992, as in force immediately before 1 July 2004, continues to hold office, on and after that day, for the balance of the term of the person’s appointment, as if the person had been duly appointed by the Minister as a person having knowledge of the health needs of Aboriginal persons or Torres Strait Islanders in accordance with the requirements of that Act as amended by this Act.

27  Subsection 28(3)

Repeal the subsection, substitute:

             (3)  The Minister must terminate the appointment of a person appointed under paragraph 20(d) on the nomination of the Minister (the nominator) having administrative responsibility for a State or Territory health instrumentality if the nominator asks the Minister to terminate that person’s appointment.

28  Subsection 31(3)

Repeal the subsection, substitute:

             (3)  If the Commonwealth member or a State or Territory member is unable to attend a Council meeting, attendance at the meeting by another nominee of the Minister, or of the Minister having administrative responsibility for the State or Territory health instrumentality concerned, as the case requires, is to be treated as attendance by the member.

Native Title Act 1993

29  Section 201A (definition of ATSIC)

Repeal the definition.

30  Paragraphs 203AG(4)(b), (c) and (d)

Repeal the paragraphs, substitute:

                     (b)  any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2004 in relation to a grant made to the body under section 203C or 203FE of this Act;

                     (c)  any notices that the Secretary of the Department has given to the Minister under section 203F in relation to the body.

31  Paragraphs 203AH(4)(b), (c) and (d)

Repeal the paragraphs, substitute:

                     (b)  any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2004 in relation to a grant made to the body under section 203C or 203FE of this Act;

                     (c)  any notices that the Secretary of the Department has given to the Minister under section 203F in relation to the body.

32  Subsection 203C(1)

Omit “ATSIC for a grant of money”, substitute “the Secretary for funding”.

Note:       The heading to subsection 203C(1) is altered by omitting “grant” and substituting “funding”.

33  Subsection 203C(2)

Repeal the subsection, substitute:

Provision of funds

             (2)  The Secretary of the Department may, on behalf of the Commonwealth, provide funds to a representative body, by making a grant to the representative body or in any other way the Secretary considers appropriate, from money appropriated by the Parliament.

34  Subsection 203C(3)

Omit “grant of money”, substitute “provision of funding”.

Note:       The heading to section 203C is altered by omitting “Grants to” and substituting “Funding of”.

35  Subsection 203CA(1)

Omit all the words from and including “A grant of money” to and including “thinks fit.”, substitute “Funds provided to a representative body under this Division, whether provided by grant or otherwise, may be so provided on whatever conditions the Secretary considers appropriate.”.

36  Subsection 203CA(1)

Omit “ATSIC must”, substitute “the Secretary must”.

37  Paragraph 203CA(1)(e)

Repeal the paragraph, substitute:

                     (e)  the appointment of a person, in cases where the Secretary considers that money from funds provided has not been spent in accordance with the conditions of the funding, with the power to prevent expenditure of further money from funds provided, otherwise than in accordance with the conditions of the funding; and

Note:       The heading to subsection 203CA(1) is altered by omitting “grants” and substituting “funding”.

38  Subsection 203CA(1A)

Repeal the subsection, substitute:

Repayment of part of funding provided on withdrawal of recognition

          (1A)  The provision of funding, however achieved, is also subject to a condition that if:

                     (a)  the representative body’s recognition as a representative body is withdrawn under section 203AH; and

                     (b)  the withdrawal takes effect during the period for which funding is provided;

the representative body must repay to the Commonwealth an amount equal to so much (if any) of the funding provided as is uncommitted at the time the recognition is withdrawn.

39  Transitional provision

Subsection 203CA(1A) of the Native Title Act 1993 as amended by this Act applies in relation to the repayment, on or after 1 July 2004, of a part of a grant made to a representative body before that day as if:

                     (a)  the amendment of that subsection made by this Act had been in force at the time the grant was made; and

                     (b)  the grant had been made on behalf of the Commonwealth.

40  Subsection 203CA(1B)

Omit “the grant” (first and second occurring), substitute “funding provided”.

41  Paragraph 203CA(1B)(a)

Omit “by ATSIC”, substitute “by the Commonwealth”.

42  Subsection 203CA(1B)

Omit “the grant” (third and fourth occurring), substitute “funding provided”.

Note:       The heading to subsection 203CA(1B) is altered by omitting “the grant” and substituting “funding provided”.

43  Transitional provision

Subsection 203CA(1B) of the Native Title Act 1993 as amended by this Act applies in relation the repayment, on or after 1 July 2004, of a part of a grant made to a representative body before that day as if:

                     (a)  the amendment of that subsection made by this Act had been in force at the time the grant was made; and

                     (b)  the grant had been made on behalf of the Commonwealth.

44  Subsection 203CA(2)

Repeal the subsection, substitute:

Strategic plan to be considered in providing funds

             (2)  In providing funds and deciding on the conditions to be imposed under subsection (1), the Secretary of the Department must have regard to the matters set out in the strategic plan (see section 203D) of the representative body concerned. The conditions on which money is provided must be consistent with the strategic plan.

45  Subsection 203CA(3)

Omit “the grant”, substitute “funding”.

Note:       The heading to subsection 203CA(3) is altered by omitting “grants” and substituting “funding”.

46  Subsections 203CA(4) and (5)

Repeal the subsections, substitute:

             (5)  If the Secretary of the Department considers that the representative body:

                     (a)  has committed, or is committing, serious breaches of conditions to which the provision of funding has been made subject under this Division; or

                     (b)  has repeatedly breached, or is repeatedly breaching, such conditions;

the Secretary must give to the Commonwealth Minister a written notice informing the Minister of the breaches and stating what measures the Secretary is taking, or proposes to take, as a result of the breaches.

Note:       The heading to section 203CA is replaced by the heading “Conditions of funding”.

47  Saving provision

Despite the repeal of subsection 203CA(4) of the Native Title Act 1993 by this Act, sections 20, 21 and 21A of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act) as in force before 1 July 2004 continue to apply on and after that day in relation to any grants to representative bodies made under Division 4 of Part 11 of the Native Title Act 1993 as if:

                     (a)  the grants had been made on behalf of the Commonwealth; and

                     (b)  the grants had been made under section 14 of the ATSIC Act as in force before that day; and

                     (c)  references to the Commission in sections 20, 21 and 21A of the ATSIC Act as in force before that day were references to the Commonwealth.

48  Subsection 203D(3)

Repeal the subsection, substitute:

Strategic plan to be prepared in consultation with Department

             (3)  The representative body must prepare the strategic plan in consultation with the Department.

49  Subsection 203D(4)

Omit “ATSIC”, substitute “the Department”.

50  Paragraph 203DC(1)(b)

Omit “ATSIC”, substitute “the Department”.

51  Subsection 203DC(2)

Omit “ATSIC”, substitute “The Secretary of the Department”.

52  Subsection 203DC(6)

Omit “ATSIC”, substitute “the Secretary of the Department”.

53  Subsection 203DF(1) (note)

Repeal the note, substitute:

Note:          A representative body may also be audited under Part 4B of the Aboriginal and Torres Strait Islander Act 2004, which enables the Office of Evaluation and Audit, when requested to do so by the Commonwealth Minister or a Commonwealth authority that has made a grant to a representative body, or when the funding agreement in relation to a grant made to a representative body so provides, to evaluate and audit the operations of the body that has received the grant.

54  Section 203F

Omit “ATSIC” (first occurring), substitute “the Secretary of the Department”.

55  Section 203F

Omit “ATSIC” (second occurring), substitute “the Secretary”.

56  Section 203F (note)

Repeal the note, substitute:

Note:          The Secretary must also give written notice of breaches of grant conditions to the Commonwealth Minister—see subsection 203CA(5).

Note:       The heading to section 203F is altered by omitting “ATSIC” and substituting “Secretary”.

57  Section 203FA

Repeal the section.

58  Subsection 203FB(1)

Omit “ATSIC”, substitute “the Secretary of the Department”.

59  Subsection 203FB(2)

Omit “ATSIC”, substitute “the Secretary”.

60  Subsection 203FB(2)

Omit “ATSIC’s”, substitute “the Secretary’s”.

61  Subsections 203FB(3) and (5)

Omit “ATSIC” (wherever occurring), substitute “the Secretary”.

62  Subsections 203FB(7) and (8)

Omit “ATSIC”, substitute “The Secretary”.

Note:       The heading to subsection 203FB(7) is altered by omitting “ATSIC” and substituting “the Secretary”.

63  Transitional provision—Secretary to complete applications for review of assistance decisions

If:

                     (a)  before 1 July 2004, an Aboriginal person or Torres Strait Islander has applied to ATSIC for review of a decision of a representative body not to assist the person; and

                     (b)  that review has not been completed before that day;

section 203FB of the Native Title Act 1993 as amended by this Act applies in relation to that application to review, as if that section as so amended had been force at the time when the application was made and the application had been made to the Secretary.

64  Subsection 203FE(1)

Omit “ATSIC may make one or more grants of money to a person or body”, substitute “The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate,”.

Note:       The heading to subsection 203FE(1) is altered by omitting “Grants” and substituting “Funding”.

65  Subsection 203FE(2)

Omit “ATSIC may make one or more grants of money to a person or body”, substitute “The Secretary of the Department may make funding available to a person or body, by way of a grant or in any other way the Secretary considers appropriate,”.

Note:       The heading to subsection 203FE(2) is altered by omitting “Grants” and substituting “Funding”.

66  Subsection 203FE(3)

Omit all the words from and including “A grant of money” to and including “thinks fit.”, substitute “Funds provided to a representative body under this Division, whether provided by grant or otherwise, may be so provided on whatever conditions the Secretary considers appropriate.”.

67  Subsection 203FE(3)

Omit “ATSIC must”, substitute “the Secretary of the Department must”.

68  Paragraph 203FE(3)(e)

Repeal the paragraph, substitute:

                     (e)  the appointment of a person, in cases where the Secretary considers that money from funds provided has not been spent in accordance with the conditions of the funding, with the power to prevent expenditure of further money from funds provided otherwise than in accordance with the conditions of the funding; and

Note:       The heading to subsection 203FE(3) is altered by omitting “grants” and substituting “funding”.

69  Subsection 203FE(4)

Omit “ATSIC”, substitute “The Secretary of the Department”.

Note:       The heading to subsection 203FE(4) is altered by omitting “Grant” and substituting “Funding”.

70  Subsection 204FE(5)

Omit “ATSIC considers it appropriate, ATSIC”, substitute “the Secretary of the Department considers it appropriate, the Secretary”.

Note:       The heading to subsection 203FE(5) is altered by omitting “Grant” and substituting “Funding”.

71  Subsection 204FE(6)

Omit “the grant”, substitute “funding”.

72  Subsection 203FE(7)

Repeal the subsection.

Note:       The heading to section 203FE is replaced by the heading “Provision of funding by the Commonwealth”.

73  Saving provision

Despite the repeal of subsection 203FE(7) of the Native Title Act 1993 by this Act, sections 20, 21 and 21A of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act) as in force before 1 July 2004 continue to apply on and after that day in relation to any funding by way of grant made before that day under section 203FE of the Native Title Act 1993 as if:

                     (a)  the grants had been made on behalf of the Commonwealth; and

                     (b)  the grants had been made under section 14 of the ATSIC Act as in force before that day; and

                     (c)  references to the Commission in sections 20, 21 and 21A of the ATSIC Act as in force before that day were references to the Commonwealth.

74  Section 203FG

Omit “ATSIC”, substitute “the Secretary of the Department”.

75  At the end of Division 7 of Part 11

Add:

203FI  Delegation

                   The Secretary of the Department may, by written instrument, delegate to an SES employee, to an acting SES employee or to another person of equivalent rank, all or any of the Secretary’s powers under sections 203C, 203CA, 203DC, 203F, 203FB, 203FE and 203FG.

Note 1:       The expressions SES employee, and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901.

Note 2:       See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

76  Paragraphs 206(a) and (c)

Omit “Aboriginal and Torres Strait Islander Commission Act 1989”, substitute “Aboriginal and Torres Strait Islander Act 2004”.

77  Subparagraph 206(d)(vii)

Omit “Aboriginal and Torres Strait Islander Commission Act 1989”, substitute “Aboriginal and Torres Strait Islander Act 2004”.

Remuneration Tribunal Act 1973

78  Paragraph 7(9)(ac)

Repeal the paragraph.

79  Paragraphs 7(9)(acaa), (aca) and (acaaa)

Omit “Aboriginal and Torres Strait Islander Commission Act 1989”, substitute “Aboriginal and Torres Strait Islander Act 2004”.

Social Security Act 1991

80  Subsection 1188B(3) (definition of ATSIC)

Repeal the definition.

81  Subsection 1188B(3) (definition of authorised officer)

Omit “Chief Executive Officer of ATSIC”, substitute “Secretary of the Department whose Minister is responsible for administration of the CDEP Scheme”.

82  Subsection 1188B(3) (definition of CDEP Scheme Participant Schedule)

Omit “ATSIC”, substitute “the Secretary of the Department whose Minister is responsible for administration of the CDEP Scheme”.