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South Australia
Anangu Pitjantjatjara Yankunytjatjara Land Rights
(Miscellaneous) Amendment Bill 2016
A BILL FOR
An Act to amend the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
.
Contents
Part 2—Amendment of Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
4Amendment of section
4—Interpretation
5Amendment of section
4A—Objects
6Amendment of section
5—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body
corporate
7Amendment of section 9—Executive Board of
Anangu Pitjantjatjara Yankunytjatjara
8Amendment of section 9D—Casual
vacancies
9Amendment of section 10—Procedure of the
Executive Board
10Amendment of section 13B—Director of
Administration
11Amendment of section 13D—General
Manager
35Minister to appoint panel of
conciliators
35AApplication for
conciliation
14Amendment of section
36—Conciliation
15Amendment of section 37—Order compelling
compliance with direction of conciliator
16Amendment of Schedule 3—Rules of
election under section 9
Schedule 1—Transitional
provisions
3First election of members of the Executive
Board
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Anangu Pitjantjatjara
Yankunytjatjara Land Rights (Miscellaneous) Amendment
Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Anangu Pitjantjatjara Yankunytjatjara
Land Rights Act 1981
4—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of road works
insert:
serious offence means—
(a) an offence against Division 1, 1A, 4, 5, 9, 11, 11A, 12 or 16 of Part
3 of the
Criminal
Law Consolidation Act 1935
; or
(b) an offence against section 19A, 19AB, 23, 29, 29A, 32AA or 72 of the
Criminal
Law Consolidation Act 1935
; or
(c) an offence against Part 3B, 5 (other than a summary offence), 5A, 6,
6A (other than an offence against section 170A), 6B or 7 (other than an offence
against section 257) of the
Criminal
Law Consolidation Act 1935
; or
(d) an indictable offence under Part 5 of the
Controlled
Substances Act 1984
; or
(e) an offence against section 9A of this Act; or
(f) an offence against section 42D of this Act; or
(g) an offence against a by-law made under this Act consisting of or
involving the sale or supply of alcoholic liquor; or
(h) an offence against a by-law made under this Act consisting of or
involving the sale or supply of a regulated substance; or
(i) an offence against a by-law made under this Act relating to gambling;
or
(j) an offence against the law of another jurisdiction that corresponds to
an offence referred to in a preceding paragraph; or
(k) a conspiracy to commit, or an attempt to commit, an offence referred
to in a preceding paragraph; or
(l) an offence of a kind declared by the regulations to be a serious
offence,
but does not include an offence, or an offence of a class, declared by the
regulations to not be a serious offence;
5—Amendment
of section 4A—Objects
Section 4A—after its present contents (now to be designated as
subsection (1)) insert:
(2) It is an object of this Act that Anangu men and Anangu
women are afforded the opportunity to have equal representation on the Executive
Board.
6—Amendment
of section 5—Constitution of Anangu
Pitjantjatjara Yankunytjatjara as body corporate
Section 5(4)(a)—delete paragraph (a) and substitute:
(a) a majority of the members of the Executive Board; or
7—Amendment
of section 9—Executive Board of Anangu
Pitjantjatjara Yankunytjatjara
(1) Section 9(2)—delete subsection (2) and
substitute:
(2) The Executive Board consists of up to 14 members elected or appointed
in accordance with this Act.
Note—
Each electorate will be able to elect 1 male member and 1 female member of
the Executive Board.
(2) Section 9(6)(a)—delete paragraph (a) and substitute:
(a) must (unless the Minister determines otherwise) be conducted during
the period commencing on 1 May and ending on 31 August in the third year
following the previous election; and
(3) Section 9(8)—delete "must cause the electorates constituted by"
and substitute:
may cause the electorates constituted in accordance with
8—Amendment
of section 9D—Casual vacancies
(1) Section 9D(1)—after paragraph (c) insert:
(ca) resides, without leave of the Executive Board, other than in the
electorate from which he or she was elected for a total period of more than 3
months in any 12 month period; or
(2) Section 9D(2)—after paragraph (d) insert:
(da) is found guilty of a serious offence; or
(3) Section 9D(3)—delete "does not apply until the period for
appealing against the conviction" and substitute:
or (da) do not apply until the period for appealing against the conviction
or finding of guilt
(4) Section 9D(5) and (6)—delete subsections (5) and (6) and
substitute:
(5) If a casual vacancy occurs in the office of a member, a supplementary
election must, subject to subsection (7), be held in accordance with the
following provisions:
(a) the supplementary election must be conducted in the electorate from
which the member was elected;
(b) the supplementary election must be held as soon as possible after the
casual vacancy occurs;
(c) only a person of the same gender as the member can be elected at the
supplementary election;
(d) the supplementary election must be conducted in accordance with
Schedule 3 (with such modifications as the Electoral Commissioner thinks fit) as
if the supplementary election were an election under section 9.
(5) Section 9D(7)—delete "suitable Anangu" and
substitute:
suitable male or female Anangu (as the case requires)
9—Amendment
of section 10—Procedure of the Executive Board
(1) Section 10(2)—delete subsection (2) and substitute:
(2) A quorum of the Executive Board consists of one half the total number
of its members (ignoring any fraction resulting from the division)
plus 1.
(2) Section 10(6)—delete "(being a majority comprising not less than
6 votes)"
10—Amendment
of section 13B—Director of Administration
Section 13B(3)—delete subsection (3) and substitute:
(3) A person who—
(a) has been found guilty of a serious offence within the preceding
10 years; or
(b) has ever been removed from office for failing to comply
with—
(i) a duty imposed under section 13H, 13I or 13J; or
(ii) a corresponding duty imposed under any other Act or law; or
(c) is disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the
Commonwealth,
must not be appointed as the Director of Administration.
11—Amendment
of section 13D—General Manager
Section 13D(3)—delete subsection (3) and substitute:
(3) A person who—
(a) has been found guilty of a serious offence within the preceding
10 years; or
(b) has ever been removed from office for failing to comply
with—
(i) a duty imposed under section 13H, 13I or 13J; or
(ii) a corresponding duty imposed under any other Act or law; or
(c) is disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(d) is bankrupt, or has applied to take the benefit of a law for the
relief of insolvent debtors,
must not be appointed as the General Manager.
12—Amendment
of section 13G—Termination of appointment of Director of Administration or
General Manager by Executive Board
(1) Section 13G(1)(e)—delete paragraph (e)
(2) Section 13G(3)—after paragraph (d) insert:
(da) is found guilty of a serious offence; or
(3) Section 13G(3)—after paragraph (e) insert:
(ea) in the case of the General Manager—becomes bankrupt or applies
to take the benefit of a law for the relief of insolvent debtors; or
(4) Section 13G(4)(a)—delete paragraph (a)
(5) Section 13G(5)—delete "(1)(e)(i), (3)(d) and (4)(a) do not apply
until the period for appealing against the conviction" and substitute:
(3)(d) and (3)(da) do not apply until the period for appealing against the
conviction or finding of guilt
Section 35—delete the section and substitute:
35—Minister to appoint panel of
conciliators
(1) The Minister may establish a panel of conciliators for the purposes of
resolving disputes on the lands.
(2) A member of the panel will be appointed by the Minister after
consultation with Anangu Pitjantjatjara Yankunytjatjara and will hold
office for a term, and on conditions, determined by the Minister.
(3) A member of the panel is, at the expiration of a term of office,
eligible for reappointment.
(4) A member of the panel is entitled to fees, allowances and expenses
approved by the Governor.
(5) A member of the panel may be removed by the Minister for any reason
the Minister thinks fit.
(6) In appointing members to the panel, the Minister—
(a) should, as far as is reasonably practicable, endeavour to achieve a
gender balance on the panel; and
(b) must have regard to the fact that the conciliators must be able to
consider the needs of communities living on the lands.
(7) The panel is
subject to the direction and control of the Minister (however the Minister must
not give directions in relation to the way in which a particular dispute is to
be resolved).
35A—Application for
conciliation
(1) An Anangu who is aggrieved by a decision or action of the
Executive Board may apply to the Minister for conciliation in relation to that
decision or action.
(2) An application under this section must be made in a manner and form
determined by the Minister.
(3) On receiving an application under this section, the Minister
may—
(a) refuse conciliation if the Minister considers that the matter is
frivolous or vexatious, or otherwise lacks merit; or
(b) appoint a conciliator from the panel of conciliators to hear the
matter.
(4) A conciliator appointed to hear a matter may refuse to do so if the
conciliator considers that the matter is frivolous or vexatious, or otherwise
lacks merit.
14—Amendment
of section 36—Conciliation
(1) Section 36(1) and (1a)—delete subsections (1) and (1a)
(2) Section 36(1b)—delete "an appeal, the" and substitute:
a matter, a
(3) Section 36(2)—delete "The conciliator" and substitute:
A conciliator
(4) Section 36(2)(a)—delete "appeal" and substitute:
matter
(5) Section 36(3)—delete "The conciliator" and substitute:
A conciliator
(6) Section 36(4)—delete "the conciliator" and substitute:
a conciliator
(7) Section 36(5)—delete "The conciliator" and substitute:
A conciliator
15—Amendment
of section 37—Order compelling compliance with direction of
conciliator
Section 37—delete "the conciliator" wherever occurring and substitute
in each case:
a conciliator
16—Amendment
of Schedule 3—Rules of election under section 9
(1) Schedule 3 clause 1, definition of relevant electoral
official—delete the definition
(2) Schedule 3 clause 1—after its present contents (now to be
designated as subclause (1)) insert:
(2) To avoid doubt, a reference in this Schedule to an office of a member
in respect of an electorate will be taken to be a reference to—
(a) the office of the male member of the Executive Board in respect of the
electorate; or
(b) the office of the female member of the Executive Board in respect of
the electorate; or
(c) both offices,
(as the context requires).
(3) To avoid doubt, a reference in this Schedule to an election in respect
of an electorate will be taken to include a reference to—
(a) an election of the male member of the Executive Board; or
(b) an election of the female member of the Executive Board,
in respect of the electorate (as the case requires).
(3) Schedule 3 clause 2—delete clause 2 and substitute:
2—Electorates and elections
(1) The Governor may,
on the recommendation of the Minister, make regulations constituting 7
electorates for the purposes of an election under section
9.
(2) The Minister may only make a recommendation for the purposes of
subclause (1)
after consultation with—
(a) the Executive Board; and
(b) the returning officer.
(3) The regulations must specify each of the community groups that
comprise a particular electorate (and, to avoid doubt, each community group on
the lands must wholly or partly comprise an electorate).
(4) An election under section 9 will consist of the election of 1 male
person and 1 female person to the offices of member of the Executive Board from
each electorate.
(4) Schedule 3 clause 3(2)—delete "must appoint a relevant electoral
official in relation to each electorate, and may appoint one or more other" and
substitute:
may appoint 1 or more
(5) Schedule 3 clause 5(2)(d)—delete "one"
(6) Schedule 3 clause 5(2)—after paragraph (d) insert:
and
(e) an explanation that each eligible voter can vote for 1 male candidate
and 1 female candidate at an election in his or her electorate,
and may include any other information the returning officer thinks fit in
relation to the election.
(7) Schedule 3 clause 6—delete clause 6 and substitute:
6—Nominations for office of member of the Executive
Board
(1) An Anangu who—
(a) is of or above the age of 18 years; and
(b) has lived in a particular electorate for at least 3 months immediately
prior to nominating,
will be eligible to nominate for an office of member of the Executive Board
to be elected from the electorate.
(2) An Anangu is not eligible to nominate for an office of member
of the Executive Board in an election, or to hold office as a member of the
Executive Board, if he or she has been found guilty of a serious offence within
the preceding 10 years.
(3) Nominations will be called in relation to each electorate at a time
and location or locations determined by the returning officer, and will close 7
days after the nominations are called.
(4) A person
nominates for an office of member of the Executive Board by lodging with the
returning officer—
(a) a written nomination in a form determined by the returning officer;
and
(i) a criminal history
report (such as a National Police Certificate) relating to the person and
provided by South Australia Police or a CrimTrac accredited agency or broker
within the 6 months immediately preceding the nomination; or
(ii) an application
for, and written consent to the returning officer obtaining, a criminal history
report of a kind referred to in
subparagraph (i)
; and
(c) evidence of a kind specified by the returning officer of the fact that
the person has lived in the relevant electorate for at least 3 months
immediately prior to nominating.
(5) At the close of nominations, the returning officer must forward any
applications and consents received under
subclause (4)(b)(ii)
to South Australia Police.
(6) The returning officer must bear the cost of obtaining a criminal
history report referred to in
subclause (4)(b)(ii)
(whether or not the person to whom the criminal history report relates is,
in fact, elected to an office of member of the Executive Board).
(7) The returning officer must, within 8 weeks after the close of
nominations, make a declaration in respect of each person who is eligible to
stand for election to an office of member of the Executive Board.
(8) If, at the close of nominations, it appears that the same person has
nominated for election to 2 or more offices, both or all of the nominations are
void.
(9) If more than 1 person nominates in an election for a particular
electorate, a photograph of each candidate may be taken and used to assist
voters.
6A—Electoral roll
(1) There will be an electoral roll for the purposes of an election under
section 9.
(2) A person is eligible for enrolment on the electoral roll in respect of
a particular electorate if he or she—
(a) is Anangu; and
(b) is of or above the age of 18 years; and
(c) has lived in the electorate for at least 3 months immediately prior to
enrolment.
(3) An application for enrolment on the electoral roll must be made in a
manner and form determined by the returning officer.
(4) A person is not entitled to be enrolled on the electoral roll in
respect of more than 1 electorate.
(5) The electoral roll must, in relation to each person enrolled on the
electoral roll, contain—
(a) the person's full name; and
(b) the person's residential address; and
(c) the name of the community of which the person is a member,
and may contain such other information as the returning officer thinks
fit.
(6) The returning officer may appoint such number of electoral registrars
as he or she thinks appropriate.
(7) The electoral registrars must keep the electoral roll under revision
in accordance with any requirement of the returning officer.
(8) The returning officer may make such other rules or determinations in
relation to the electoral roll as he or she thinks fit.
6B—Eligibility to vote in
elections
An Anangu who is enrolled on the electoral roll in respect of a
particular electorate is eligible to vote in an election under section 9 held in
relation to the electorate.
(8) Schedule 3 clause 7—delete "relevant electoral official will"
and substitute:
returning officer will, subject to this Schedule,
(9) Schedule 3 clause 8(1)—delete "during the period, and at a
location or locations, determined by the returning officer (and such period
should commence approximately 21 days after the nominations close)"
insert:
and any determination of the returning officer during the period, and at a
location or locations, determined by the returning officer (and such period
should commence approximately 21 days after the nominations are
declared)
(10) Schedule 3 clause 8(2) to (4)—delete subclauses (2) to (4)
(inclusive) and substitute:
(2) The method of voting in an election is to be first past the
post.
(3) The returning
officer must determine such rules as he or she considers necessary as to enable
the casting of absentee votes in an election.
(4) Without limiting any other rules that may be determined by the
returning officer, the rules referred to in
subclause (3)
must provide for—
(a) voting at polling places at the locations determined by the returning
officer in Adelaide and Alice Springs; and
(b) the verification of the identity of persons casting absentee votes in
an election.
(11) Schedule 3 clause 8(5)—delete subclause (5) and
substitute:
(5) A person may only cast 1 vote in relation to the election of male
members, and 1 vote in relation to the election of female members, of the
Executive Board.
(12) Schedule 3 clause 9(1)(c)—delete "an electoral official" and
substitute:
the returning officer
(13) Schedule 3 clause 9(2)—delete "handing out of voting marbles
and"
(14) Schedule 3—after clause 17 insert:
Part 3A—Supplementary elections on failure of
election
17A—Supplementary elections on failure of election
etc
(1) Subject to this
clause, if the election of a male member or a female member of the Executive
Board from a particular electorate fails because—
(a) no person nominates for the office to which the election relates;
or
(b) no votes are cast in the election,
then the Minister may (but need not) require a supplementary election to be
held in relation to the office.
(2) Before making a determination not to require a supplementary election,
the Minister must consult with—
(a) the Executive Board; and
(b) the returning officer,
and may consult with any other person or body the Minister thinks
fit.
(3) A supplementary election under this Part must be conducted in
accordance with this Schedule (with such modifications as the Electoral
Commissioner thinks fit) as if the election were an election under section
9.
Schedule 1—Transitional
provisions
Section 5(4) of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as in force immediately before the commencement of
section 6
of this Act) will be taken to continue to apply to a document executed
before the commencement of that section.
Section 9D(5) and (6) of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as in force before the commencement of this clause) do not apply to a
vacancy in the office of a member of the Executive Board—
(a) existing on the commencement of this clause; or
(b) occurring after the commencement of this clause but before the first
election of members of the Executive Board under section 9 following the
commencement of this clause.
3—First
election of members of the Executive Board
(1) Despite a provision of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as amended by this Act), the following provisions apply to the first
election of members of the Executive Board under section 9 of that Act
following the commencement of this clause:
(a) the electorates
for the election will be—
(i) the community groups of Pipalyatjara and Kalka;
(ii) the community groups of Kanypi, Nyapari, Angatja and
Watarru;
(iii) the community groups of Amata and Tjurma;
(iv) the community groups of Kaltjiti, Irintata and Watinuma;
(v) the community groups of Pukatja, Yunyarinyi, Anilalya and Turkey
Bore;
(vi) the community group of Mimili;
(vii) the community groups of Iwantja, Amuruna, Railway Bore, Witjintitja
and Wallatinna;
(b) a reference in the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
to an electorate will be taken to be a reference to an electorate referred
to in
paragraph (a)
;
(c) section 9(6)(a) of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as amended by this Act) will be taken not to apply in relation to the
election;
(d) section 9(8) of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as in force immediately before the commencement of this clause) will be
taken not to apply in relation to the election;
(e) the election must be held as soon as is reasonably practicable after
the commencement of this clause;
(f) the returning officer may make such modifications to the rules set out
in Schedule 3 of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
(as amended by this Act) as he or she thinks necessary to enable the
election to be conducted in an appropriate manner (including, to avoid doubt, by
varying a time period specified in that Schedule in relation to an
election).
(2) The regulations may make further provisions of a savings or
transitional nature in relation to the operation of this clause.