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This is a Bill, not an Act. For current law, see the Acts databases.
INDIGENOUS AFFAIRS LEGISLATION AMENDMENT BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Indigenous Affairs Legislation
Amendment Bill 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
Aboriginal land rights, the Indigenous Land
Corporation and the Torres Strait Regional
Authority, and for related purposes
i Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Scheduling of land
3
Aboriginal Land Rights (Northern Territory) Act 1976
3
Schedule 2--Indigenous Land Corporation
5
Aboriginal and Torres Strait Islander Act 2005
5
Schedule 3--Torres Strait Regional Authority elections
7
Aboriginal and Torres Strait Islander Act 2005
7
Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
Aboriginal land rights, the Indigenous Land
2
Corporation and the Torres Strait Regional
3
Authority, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Indigenous Affairs Legislation
7
Amendment Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Scheduling of land Schedule 1
Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011 3
Schedule 1--Scheduling of land
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Part 4 of Schedule 1 (after the item relating to BAUHINIA
4
DOWNS)
5
Insert:
6
BORROLOOLA
7
All that land near Borroloola in the Northern Territory comprising:
8
(a) the whole of Northern Territory Portion 2177 delineated on
9
Survey Plan S2000/169 lodged with the Surveyor-General,
10
Darwin, known as Rarranggilawunyara and in the locality of
11
Pellew Islands in the Northern Territory and containing an
12
area of approximately 5.62 hectares; and
13
(b) the whole of Northern Territory Portion 2178 delineated on
14
Survey Plan S2000/169 lodged with the Surveyor-General,
15
Darwin, known as Niwawunala and in the locality of Pellew
16
Islands in the Northern Territory and containing an area of
17
approximately 2.66 hectares; and
18
(c) the whole of Northern Territory Portion 2179 delineated on
19
Survey Plan S2000/169 lodged with the Surveyor-General,
20
Darwin, known as Wanadjurara and in the locality of Pellew
21
Islands in the Northern Territory and containing an area of
22
approximately 6,840 square metres; and
23
(d) the whole of Northern Territory Portion 2180 delineated on
24
Survey Plan S2000/169 lodged with the Surveyor-General,
25
Darwin, known as Alolo and in the locality of Pellew Islands
26
in the Northern Territory and containing an area of
27
approximately 7.51 hectares; and
28
(e) the whole of Northern Territory Portion 3900 delineated on
29
Survey Plan S90/252D lodged with the Surveyor-General,
30
Darwin, known as Batten Point and in the locality of
31
McArthur in the Northern Territory and containing an area of
32
approximately 201.8 hectares; and
33
(f) the whole of Northern Territory Portions 3997 and 3940
34
delineated on Survey Plan S90/316B lodged with the
35
Surveyor-General, Darwin, known as North Island and in the
36
locality of Pellew Islands in the Northern Territory and
37
containing an area of approximately 6,607 hectares.
38
Schedule 1 Scheduling of land
4 Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011
2 Part 4 of Schedule 1 (after the item relating to PATTA)
1
Insert:
2
PORT PATTERSON ISLANDS
3
All that land being the whole of Northern Territory Portion 2621
4
delineated on Survey Plan S83/282 lodged with the
5
Surveyor-General, Darwin, known as Port Patterson Islands and in
6
the locality of Bynoe Harbour in the Northern Territory and
7
containing an area of approximately 591.4 hectares.
8
9
Indigenous Land Corporation Schedule 2
Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011 5
Schedule 2--Indigenous Land Corporation
1
2
Aboriginal and Torres Strait Islander Act 2005
3
1 After subsection 191F(2)
4
Insert:
5
Supporting native title settlements
6
(2A) The Indigenous Land Corporation must have regard to any
7
guidelines in force under section 191HA:
8
(a) in deciding whether to perform its functions in support of a
9
native title settlement; and
10
(b) if it decides to perform its functions in support of a native
11
title settlement--in performing its functions in support of that
12
settlement.
13
Note: The
Native Title Act 1993 deals with making and resolving native title
14
claims.
15
2 After section 191H
16
Insert:
17
191HA Ministerial guidelines about supporting native title
18
settlements
19
The Minister may, by legislative instrument, make guidelines for
20
the purposes of subsection 191F(2A).
21
3 After subsection 191I(1)
22
Insert:
23
Interaction with guidelines under section 191HA
24
(1A) Guidelines referred to in subsection (1) have no effect to the extent
25
to which they are inconsistent with guidelines referred to in
26
section 191HA.
27
Note:
The heading to section 191I is altered by omitting "Guidelines" and substituting
28
"Indigenous Land Corporation guidelines".
29
4 Subsection 191I(2)
30
Schedule 2 Indigenous Land Corporation
6 Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011
After "guidelines", insert "referred to in subsection (1)".
1
2
Torres Strait Regional Authority elections Schedule 3
Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011 7
Schedule 3--Torres Strait Regional Authority
1
elections
2
3
Aboriginal and Torres Strait Islander Act 2005
4
1 Subsection 4(1) (definition of Queensland Act)
5
Repeal the definition.
6
2 Subsection 142R(1)
7
Omit "notice", substitute "instrument".
8
3 Section 142S
9
Repeal the section, substitute:
10
142S Minister may determine manner of representation on TSRA
11
(1) The Minister may, by legislative instrument, make provision for
12
and in relation to how the TSRA is to be constituted.
13
(2) Without limiting subsection (1), an instrument under that
14
subsection may:
15
(a) provide for some or all of the members of the TSRA to be
16
elected under this Act to be representatives of a specified
17
kind; and
18
(b) provide for the method and timing of election of those
19
members; and
20
(c) provide for the term of office of those members.
21
(3) An instrument under subsection (1) may also make provision in
22
relation to the operation of the TSRA.
23
(4) If the eligible number has changed, the Minister may amend an
24
instrument under subsection (1) in connection with the change.
25
(5) Subsection (4) does not limit the Minister's power to revoke,
26
amend or vary an instrument under subsection (1).
27
(6) An instrument under subsection (1) has effect according to its
28
terms.
29
Schedule 3 Torres Strait Regional Authority elections
8 Indigenous Affairs Legislation Amendment Bill 2011 No. , 2011
4 Subsection 142TA(3)
1
Omit "a notice", substitute "an instrument".
2
5 Paragraph 142TA(5)(b)
3
Omit "a notice", substitute "an instrument".
4
6 Subsection 142Y(1)
5
Omit "Subject to this section, TSRA elections must be held every 3
6
years", substitute "TSRA elections must be held every 4 years".
7
7 Subsection 142Y(3)
8
Repeal the subsection.
9
8 Subsection 143R(1)
10
Omit "a notice under paragraph 142S(2)(a) or (b)", substitute "an
11
instrument under section 142S".
12