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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aboriginal and
Torres Strait Islander Commission Amendment Bill
2000
No. ,
2000
(Aboriginal and Torres Strait Islander
Affairs)
A Bill for an Act to amend the
Aboriginal and Torres Strait Islander Commission Act 1989, and for
related purposes
ISBN: 0642 454523
Contents
Aboriginal and Torres Strait Islander Commission Act
1989 2
A Bill for an Act to amend the Aboriginal and Torres
Strait Islander Commission Act 1989, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Aboriginal and Torres Strait Islander
Commission Amendment Act 2000.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Aboriginal and Torres
Strait Islander Commission Act 1989
1 Title
Omit “an Aboriginal and Torres Strait Islander Commercial
Development Corporation”, substitute “a corporation to be
known as Indigenous Business Australia”.
2 Subsection 4(1) (definition of Commercial
Development Corporation)
Repeal the definition.
3 Subsection 4(1) (definition of Commercial
Development Corporation Board)
Repeal the definition.
4 Subsection 4(1) (definition of Commercial
Development Corporation Chairperson)
Repeal the definition.
5 Subsection 4(1) (definition of Commercial
Development Corporation Director)
Repeal the definition.
6 Subsection 4(1) (definition of Commercial
Development Corporation General Manager)
Repeal the definition.
7 Subsection 4(1)
Insert:
Indigenous Business Australia means the body having that name
that is referred to in section 145.
8 Subsection 4(1)
Insert:
Indigenous Business Australia Board means the Board of
Directors of Indigenous Business Australia referred to in
section 155.
9 Subsection 4(1)
Insert:
Indigenous Business Australia Chairperson means the
Chairperson of the Indigenous Business Australia Board referred to in
section 155.
10 Subsection 4(1)
Insert:
Indigenous Business Australia Director means a member of the
Indigenous Business Australia Board.
11 Subsection 4(1)
Insert:
Indigenous Business Australia General Manager means the
General Manager of Indigenous Business Australia referred to in
section 168.
12 Subsection 4(2)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
13 After subsection 7(1)
Insert:
(1A) A function referred to in paragraph (1)(a) need not be performed
by the Commission itself but may be performed by other persons:
(a) who are authorised by the Commission to do so under contracts or
agreements entered into with the Commission; or
(b) to whom the Commission has delegated the function.
14 After paragraph 10(2)(a)
Insert:
(aa) subject to subsection (3), to enter into contracts and
agreements;
15 Paragraphs 10(2)(b) and
(c)
Before “to enter”, insert “without limiting
paragraph (aa),”.
16 At the end of subsection
10(2)
Add:
; (f) to appoint as its agents Indigenous Business Australia or any other
persons who it is satisfied have qualifications and experience that are
appropriate to enable them to act on its behalf in the matter to which the
appointment relates.
17 At the end of
section 10
Add:
(6) In so far as a person is authorised to perform a function as an agent
or delegate of the Commission, the person may exercise any of the
Commission’s powers for or in connection with the performance of the
function.
18 At the end of Division 5 of
Part 2
Add:
(1) The Commission may, by writing under its seal, delegate to Indigenous
Business Australia any commercial functions falling within paragraph
7(1)(a).
(2) A delegation may not be made under subsection (1) unless
Indigenous Business Australia has consented to the delegation.
(3) If the Commission delegates a function under subsection (1), the
Indigenous Business Australia Board may, by resolution, sub-delegate the
function to the Indigenous Business Australia General Manager.
(4) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts
Interpretation Act 1901 apply in relation to a sub-delegation in a
corresponding way to the way in which they apply to a delegation.
(5) Section 34A and paragraphs 34AB(c) and (d) of the Acts
Interpretation Act 1901 apply to a sub-delegation as if it were a
delegation.
19 Section 58
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
20 Paragraph 59(6)(c)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
21 Paragraph 61(7)(c)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
22 Paragraph 63(4)(c)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
23 Paragraph 66(2)(c)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
24 Subparagraphs 76(1)(a)(iii) and
(b)(iii)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
25 Paragraphs 76(1)(d) and
(m)
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
26 Part 4 (heading)
Repeal the heading, substitute:
27 Division 1 of Part 4
(heading)
Repeal the heading, substitute:
28 Subsection 145(1)
Repeal the subsection, substitute:
(1) The body that was established under this subsection as previously in
force by the name Aboriginal and Torres Strait Islander Commercial Development
Corporation is now to be known as Indigenous Business Australia.
Note: Subsection 25B(1) of the Acts Interpretation Act
1901 provides that a body whose name is altered by an Act continues in
existence under the new name so that its identity is not
affected.
29 Subsection 145(2)
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
30 Subsection 145(2) (note)
Omit “the Corporation”, substitute “Indigenous Business
Australia”.
31 Subsection 145(3)
Repeal the subsection, substitute:
(3) The seal of Indigenous Business Australia is to be kept in such
custody as the Indigenous Business Australia Board directs and must not be used
except as authorised by the Board.
32 Subsection 145(4)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
Note: The heading to section 145 is replaced by the
heading “Indigenous Business Australia”.
33 Section 146
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
Note: The heading to section 146 is replaced by the
heading “Purposes of Indigenous Business
Australia”.
34 Division 2 of Part 4
(heading)
Repeal the heading, substitute:
35 Section 147
Repeal the section, substitute:
(1) Indigenous Business Australia has the following functions:
(a) to engage in commercial activities;
(b) to promote and encourage Aboriginal and Torres Strait Islander
self-management and economic self-sufficiency;
(c) such other functions as are conferred on it by this Act.
(2) Without limiting by implication the meaning of commercial
activities in paragraph (1)(a), those activities include the
performance of functions referred to in subsection 7(1A) that:
(a) the Commission has authorised Indigenous Business Australia to perform
as an agent of the Commission; or
(b) the Commission has delegated to Indigenous Business
Australia.
36 Subsection 148(1)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
37 Subsection 148(2)
Omit all the words before paragraph (a), substitute:
For the purpose of the performance of Indigenous Business
Australia’s functions, the Indigenous Business Australia Board must have
regard to the desirability of:
38 Subsection 149(1)
Repeal the subsection, substitute:
(1) The Indigenous Business Australia Board must from time to time prepare
a corporate plan:
(a) setting out a statement of Indigenous Business Australia’s
objectives; and
(b) outlining the strategies and policies that the Board intends to adopt
in order to achieve those objectives, with particular reference to the
Board’s intentions in relation to investments, loans, guarantees and other
financial aspects of its operations.
39 Subsection 150(1)
Omit “Commercial Development Corporation Board”, substitute
“Indigenous Business Australia Board”.
40 Subsection 150(2)
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
41 Subsection 150(3)
Repeal the subsection, substitute:
(3) The Minister may, by notice in writing to the Indigenous Business
Australia Board, request the Board to change the corporate plan in specified
respects.
42 Section 151
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
43 Section 152
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
Note: The heading to section 152 is altered by omitting
“Commercial Development Corporation” and substituting
“Indigenous Business Australia”.
44 Subsection 153(1)
Omit “Where the Commercial Development Corporation Board”,
substitute “If the Indigenous Business Australia Board”.
45 Subsection 153(1)
Omit “the Commercial Development Corporation may”, substitute
“Indigenous Business Australia may”.
46 Subsection 153(3)
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
47 Section 154
Omit “Commercial Development Corporation Board” (wherever
occurring), substitute “Indigenous Business Australia
Board”.
48 Subsection 154(1)
Omit “the Commercial Development Corporation’s”,
substitute “Indigenous Business Australia’s”.
49 Division 3 of Part 4
(heading)
Repeal the heading, substitute:
50 Subsection 155(1)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
Note: The heading to section 155 is altered by omitting
“Commercial Development Corporation” and substituting
“Indigenous Business Australia”.
51 Subsection 155(3)
Repeal the subsection.
52 Section 156
Repeal the section, substitute:
It is the responsibility of the Indigenous Business Australia Board to
ensure the proper and efficient performance of the functions of Indigenous
Business Australia and to determine the policy of Indigenous Business Australia
with respect to any matter.
53 Section 157
Repeal the section, substitute:
(1) The Indigenous Business Australia Chairperson is to be appointed by
the Minister on a full-time basis or a part-time basis.
(2) The other Indigenous Business Australia Directors are to be appointed
by the Minister on a part-time basis.
(3) The Indigenous Business Australia Chairperson and at least 4 other
Indigenous Business Australia Directors are to be Aboriginal persons or Torres
Strait Islanders.
(4) At least one Indigenous Business Australia Director must be a
Commissioner.
(5) Each Indigenous Business Australia Director is to be a person who the
Minister is satisfied has experience in:
(a) industry, commerce or finance; or
(b) Aboriginal or Torres Strait Islander community life or
enterprises.
54 Section 158
Repeal the section, substitute:
Whenever there is, or is expected to be, a vacancy in an office of
Indigenous Business Australia Director, the Minister:
(a) must consult Indigenous Business Australia about a suitable appointee;
and
(b) may consult the Commission about a suitable appointee.
55 Subsection 159(1)
Omit “A Commercial Development Corporation Director”,
substitute “An Indigenous Business Australia Director”.
56 Subsection 159(2)
Omit “a Commercial Development Corporation Director” (wherever
occurring), substitute “an Indigenous Business Australia
Director”.
57 Section 160
Omit “A Commercial Development Corporation Director”,
substitute “An Indigenous Business Australia Director”.
58 Section 161
Repeal the section, substitute:
(1) If the Indigenous Business Australia Chairperson was appointed on a
full-time basis:
(a) the Chairperson has the recreation leave entitlements that are
determined by the Remuneration Tribunal; and
(b) the Minister may, by writing, grant to the Chairperson leave of
absence (other than recreation leave) on the terms and conditions as to
remuneration or otherwise that the Minister determines.
(2) The Minister may, by writing:
(a) if the Indigenous Business Australia Chairperson was appointed on a
part-time basis—grant to the Chairperson leave of absence from a meeting
of the Indigenous Business Australia Board; and
(b) grant to any other Indigenous Business Australia Director leave of
absence from a meeting of the Indigenous Business Australia Board.
(3) The Minister may delegate to the Indigenous Business Australia
Chairperson the power under paragraph (2)(b) to grant leave of absence to
other Indigenous Business Australia Directors.
59 Subsection 162(1)
Omit “Commercial Development Corporation” (wherever occurring),
substitute “Indigenous Business Australia”.
60 Subsections 162(2) and
(3)
Repeal the subsections, substitute:
(2) The Minister may appoint an Indigenous Business Australia Director to
act as the Deputy Chairperson of the Indigenous Business Australia
Board:
(a) during a vacancy in the office of Deputy Chairperson of the Board,
whether or not an appointment has previously been made to the office;
or
(b) during any period, or during all periods, when the Deputy Chairperson
of the Board is absent from duty or from Australia or is, for any reason, unable
to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act
for more than 6 months.
(3) The Minister may appoint a person to act as an Indigenous Business
Australia Director (other than the Chairperson or Deputy Chairperson) of the
Indigenous Business Australia Board:
(a) during a vacancy in an office of Indigenous Business Australia
Director, whether or not an appointment has previously been made to the office;
or
(b) during any period, or during all periods, when an Indigenous Business
Australia Director is absent from duty or from Australia or is, for any reason,
unable to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act
for more than 6 months.
61 Saving of appointments of acting Deputy
Chairperson and acting Director
If an appointment of a person to act as the Deputy Chairperson, or as a
Director, of the Board of Directors of the Aboriginal and Torres Strait Islander
Commercial Development Corporation under subsection 162(2) or (3) of the
Aboriginal and Torres Strait Islander Commission Act 1989 was in force
immediately before the commencement of item 60, and the appointment did not
end at that time, the appointment is not affected by the amendment made by that
item but continues in force as if it had been made under subsection 162(2) or
(3), as the case may be, substituted in that Act by that item.
62 Sections 164 and
165
Repeal the sections, substitute:
An Indigenous Business Australia Director may resign by writing signed by
him or her and sent to the Minister.
(1) The Minister may, after consulting the Commission and Indigenous
Business Australia, terminate the appointment of an Indigenous Business
Australia Director because of misbehaviour or physical or mental
incapacity.
(2) If an Indigenous Business Australia Director:
(a) is absent, except on leave granted under section 161, from 3
consecutive meetings of the Indigenous Business Australia Board; or
(b) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for their benefit; or
(c) fails, without reasonable excuse, to comply with section 21 of
the Commonwealth Authorities and Companies Act 1997;
the Minister must terminate the Director’s appointment.
(3) If:
(a) 3 of the Indigenous Business Australia Directors are Commissioners;
and
(b) a fourth Indigenous Business Australia Director becomes a
Commissioner;
that fourth Indigenous Business Australia Director ceases to be an
Indigenous Business Australia Director.
63 Section 166
Omit “A Commercial Development Corporation Director”,
substitute “An Indigenous Business Australia Director”.
64 Division 5 of Part 4
(heading)
Repeal the heading, substitute:
65 Subsections 167(1) and
(2)
Omit “Commercial Development Corporation” (wherever occurring),
substitute “Indigenous Business Australia”.
66 Paragraph 167(3)(a)
Omit “a Commercial Development Corporation Director”,
substitute “an Indigenous Business Australia Director”.
67 Subsection 167(3)
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
68 Subsections 167(4) to
(8)
Omit “Commercial Development Corporation” (wherever occurring),
substitute “Indigenous Business Australia”.
69 Subsection 167(9)
Omit “a Commercial Development Corporation Director”,
substitute “an Indigenous Business Australia Director”.
70 Subsections 167(9) and
(10)
Omit “Commercial Development Corporation Board” (wherever
occurring), substitute “Indigenous Business Australia
Board”.
71 Subsection 167(11)
Omit “A Commercial Development Corporation Director”,
substitute “An Indigenous Business Australia Director”.
72 Division 6 of Part 4
(heading)
Repeal the heading, substitute:
73 Section 168
Repeal the section, substitute:
(1) There is to be a General Manager of Indigenous Business Australia, who
is to be appointed by the Indigenous Business Australia Board.
(2) The Indigenous Business Australia General Manager is, subject to
subsection (3), to manage the day-to-day administration of Indigenous
Business Australia.
(3) The Indigenous Business Australia General Manager must, in managing
the administration of Indigenous Business Australia and in exercising any powers
conferred on him or her by this Act, act in accordance with policies determined,
and any directions given, by the Indigenous Business Australia Board in
writing.
74 Saving of existing appointment of General
Manager
If a person held office as General Manager of the Aboriginal and Torres
Strait Islander Commercial Development Corporation under subsection 168(1) of
the Aboriginal and Torres Strait Islander Commission Act 1989 immediately
before the commencement of item 73 under an appointment that did not end at
that time, the appointment is not affected by the amendment made by that item
but continues in force as if it had been made under subsection 168(1)
substituted in that Act by that item.
75 Sections 169 to 174
Omit “Commercial Development Corporation” (wherever occurring),
substitute “Indigenous Business Australia”.
Note: The heading to section 172 is replaced by the
heading “Acting Indigenous Business Australia General
Manager”.
76 Sections 175 to 178
Repeal the sections, substitute:
(1) The Indigenous Business Australia General Manager may, on behalf of
Indigenous Business Australia, engage such employees as are necessary for the
performance of Indigenous Business Australia’s functions under this
Act.
(2) The terms and conditions of employment of persons engaged under this
section are as determined by the Indigenous Business Australia Board in
writing.
The Indigenous Business Australia General Manager may make arrangements
with the Chief Executive Officer for the performance of duties by the staff of
the Commission on behalf of Indigenous Business Australia.
The Indigenous Business Australia General Manager may, on behalf of
Indigenous Business Australia, make arrangements for the services of officers or
employees of:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or Territory;
or
(c) any other organisation or body;
to be made available to Indigenous Business Australia.
(1) The Indigenous Business Australia General Manager may, on behalf of
Indigenous Business Australia, engage as consultants to Indigenous Business
Australia persons having suitable qualifications and experience.
(2) The terms and conditions on which consultants are engaged are to be as
determined by the Indigenous Business Australia Board in writing.
77 Saving of existing engagements of employees
and consultants
Any engagement of an employee under section 175, or any engagement of
a consultant under section 178, of the Aboriginal and Torres Strait
Islander Commission Act 1989 that was in force immediately before the
commencement of item 76 and did not end at that time is not affected by the
amendment made by that item and continues in force as if it had been entered
into under section 175 or 178, as the case may be, substituted in that Act
by that item.
78 Section 179
Repeal the section, substitute:
The capital of Indigenous Business Australia consists of:
(a) amounts paid under section 208 of this Act as previously in force
to the body that was previously known as the Aboriginal and Torres Strait
Islander Commercial Development Corporation and is now known as Indigenous
Business Australia; and
(b) income derived by that body from investments; and
(c) any amount appropriated from time to time by the Parliament as capital
for that body.
79 Section 181
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
Note: The heading to section 181 is altered by omitting
“Commercial Development Corporation” and substituting
“Indigenous Business Australia”.
80 Section 182
Repeal the section, substitute:
The Indigenous Business Australia Board must not approve a proposal for
Indigenous Business Australia to spend money (otherwise than for the purposes of
the day-to-day administration of Indigenous Business Australia) without first
considering a written assessment of the proposal that has been:
(a) prepared by a member of the staff of Indigenous Business Australia;
and
(b) endorsed by or on behalf of the Indigenous Business Australia General
Manager.
81 Subsection 183(1)
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
82 Section 183
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
83 Section 184
Omit “The Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
Note: The heading to section 184 is altered by omitting
“Commercial Development Corporation’s” and substituting
“Indigenous Business Australia’s”.
84 Section 185
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
85 Section 185
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
86 Section 187
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
Note: The heading to section 187 is altered by omitting
“Commercial Development Corporation” and substituting
“Indigenous Business Australia”.
87 Section 188
Omit “The Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
88 Section 190
Repeal the section, substitute:
(1) Indigenous Business Australia may, by writing under its seal, delegate
all or any of its functions and powers to the Indigenous Business Australia
General Manager or to a member of its staff.
(2) If Indigenous Business Australia delegates a function or power under
subsection (1) to the Indigenous Business Australia General Manager, the
Indigenous Business Australia General Manager may, by writing signed by him or
her, sub-delegate the function or power to a member of the staff of Indigenous
Business Australia.
(3) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts
Interpretation Act 1901 apply in relation to a sub-delegation in a
corresponding way to the way in which they apply to a delegation.
(4) Section 34A and paragraphs 34AB(c) and (d) of the Acts
Interpretation Act 1901 apply to a sub-delegation as if it were a
delegation.
89 Saving of existing
delegations
Any delegation that was in force under section 190 of the
Aboriginal and Torres Strait Islander Commission Act 1989 immediately
before the commencement of item 88 and did not end at that time is not
affected by the amendment made by that item and continues in force as if it had
been given under section 190 substituted in that Act by that
item.
90 Paragraphs 191(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) who is or has been an Indigenous Business Australia Director or acting
Indigenous Business Australia Director;
(b) who is or has been the Indigenous Business Australia General Manager
or an acting Indigenous Business Australia General Manager;
91 Paragraphs 191(1)(d) and
(e)
Omit “the Commercial Development Corporation”, substitute
“Indigenous Business Australia”.
92 Subsection 192T(2)
Repeal the subsection, substitute:
Indigenous Business Australia staff
(2) The Indigenous Land Corporation General Manager may make arrangements
with the Indigenous Business Australia General Manager for the performance of
duties by the staff of Indigenous Business Australia on behalf of the Indigenous
Land Corporation.
Note: The heading to section 192T is altered by
omitting “Commercial Development Corporation” and
substituting “Indigenous Business
Australia”.
93 Subsection 196(4) (definition of decision
made by the Commission)
Omit “does not include”, substitute
“includes”.
94 Section 206
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
95 Section 208
Repeal the section.
96 Section 210
Omit “the Commercial Development Corporation” (wherever
occurring), substitute “Indigenous Business Australia”.
Note: The heading to section 210 is altered by omitting
“Commercial Development Corporation” and substituting
“Indigenous Business Australia”.
97 Paragraph 211(2)(a)
Repeal the paragraph, substitute:
(a) in the case of an instrument relating to an asset or liability that
has, because of section 208 of this Act as previously in force or because
of section 210, become an asset or liability of the body previously known
as the Aboriginal and Torres Strait Islander Commercial Development Corporation
and now known as Indigenous Business Australia—Indigenous Business
Australia; or
98 Paragraph 215(1)(b)
Repeal the paragraph, substitute:
(b) an asset or liability specified or described in the certificate
became, because of section 208 of this Act as previously in force, an asset
or liability of the body previously known as the Aboriginal and Torres Strait
Islander Commercial Development Corporation and now known as Indigenous Business
Australia; or
99 Paragraph 222(a)
Repeal the paragraph, substitute:
(a) under section 206 or 207, or under section 208 of this Act
as previously in force, an estate or interest in land has become or becomes an
asset of the new Commission, or of the body previously known as the Aboriginal
and Torres Strait Islander Commercial Development Corporation and now known as
Indigenous Business Australia; and
100 Subparagraph 222(b)(ii)
Repeal the subparagraph, substitute:
(ii) states that the estate or interest has, because of that section,
become an asset of the new Commission, or of the body previously known as the
Aboriginal and Torres Strait Islander Commercial Development Corporation and now
known as Indigenous Business Australia, as the case may be; and
101 Section 222
Omit “the Commercial Development Corporation” (last occurring),
substitute “Indigenous Business Australia”.