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A Bill for an Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced Senate 20 Jun 1996

Aboriginal and Torres Strait Islander Commission Amendment Bill (No. 2) 1996
First Reading

1996

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Aboriginal and Torres Strait Islander Commission Amendment Bill (No. 2) 1996

No. , 1996

(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

9606820--(68/96)Contents

1       Short title

2       Commencement

3       Schedule(s)

Schedule 1--Amendment of the Aboriginal and Torres Strait Islander Commission Act 1989       

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:

1 Short title

        This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 2) 1996.

2 Commencement

        This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

        Each Act specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Aboriginal and Torres Strait Islander Commission Act 1989
1 Subsection 4(1)

Insert:

Aboriginal or Torres Strait Islander partnership means a partnership:

       (a) in which more than 50% of the interests are held by:

       (i) Aboriginal persons; or

       (ii) Torres Strait Islanders; or

       (iii) Aboriginal or Torres Strait Islander corporations; or

       (iv) combinations of any of the above; and

       (b) in respect of which particulars of the other interests have been provided to the Indigenous Land Corporation.

Aboriginal or Torres Strait Islander trust means a trust:

       (a) in which more than 50% of the beneficial interests are held by:

       (i) Aboriginal persons; or

       (ii) Torres Strait Islanders; or

       (iii) Aboriginal or Torres Strait Islander corporations; or

       (iv) combinations of any of the above; and

       (b) in respect of which particulars of the other beneficial interests have been provided to the Indigenous Land Corporation.

2 Subsection 4(1) (definition of appointed Indigenous Land Corporation Director)

Omit "or (g)", substitute ", (g) or (h)".

3 At the end of section 30

Add:

       (3) This section does not prevent a Commissioner from:

       (a) engaging in unpaid employment; or

       (b) engaging in paid employment outside the duties of his or her office with the written approval of the Minister.


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4 After subsection 40(7)

Insert:

       (7A) If a Commissioner engages in paid employment outside the duties of his or her office without the written approval of the Minister, the Minister may terminate the Commissioner's appointment.

5 Paragraph 45(1)(d)

Repeal the paragraph.

6 After subsection 102(1A)

Insert:

       (1B) A person who:

       (a) has ceased to be a member of a Regional Council under subsection 122(2); or

       (b) has been removed from office as a Regional Councillor under subsection 122A(5) after having been suspended from office because of misbehaviour;

is not qualified to stand for election, or to be elected, as a member for a Regional Council ward until after the next round of elections for Regional Councils.

7 After subsection 127A(1)

Insert:

       (1A) Subsection (1) does not prevent the Chairperson of a Regional Council from:

       (a) engaging in unpaid employment; or

       (b) engaging in paid employment outside the duties of his or her office with the written approval of the Minister.

8 After subsection 127C(7)

Insert:

       (7A) If the Chairperson of a Regional Council engages in paid employment outside the duties of his or her office without the written approval of the Minister, the Minister may remove the Chairperson from office.

9 Subsection 131(2)

Repeal the subsection, substitute:

       (2) A person:

       (a) whose appointment as the Commissioner representing a zone has been terminated by the Minister:

       (i) under subsection 40(5) after the person was suspended from office because of misbehaviour; or

       (ii) under subsection 40(7) or (7A) or section 41; or

       (b) who has been removed from office as the Commissioner representing the Torres Strait zone under section 41A;

is not eligible to stand for election, or to be elected, as a person to represent a zone until after the next round of zone elections held under subsection (1) or (1A), as the case requires.

10 At the end of section 191C

Add:

       (2) In performing its functions, the Indigenous Land Corporation is to have regard to the needs of Aboriginal persons, and Torres Strait Islanders, who suffer most disadvantage in access to land.

11 Paragraph 191D(1)(a)

Repeal the paragraph, substitute:

       (a) to grant interests in land to:

       (i) Aboriginal or Torres Strait Islander corporations; or

       (ii) the trustees of Aboriginal or Torres Strait Islander trusts; or

       (iii) in circumstances determined by the Indigenous Land Corporation Board to be so exceptional as to justify the making of the grants concerned--Aboriginal persons or Torres Strait Islanders or Aboriginal or Torres Strait Islander partnerships;

12 Paragraphs 191D(1)(c) and (d)

Repeal the paragraphs, substitute:

       (c) to make grants of money to:

       (i) Aboriginal or Torres Strait Islander corporations; or

       (ii) the trustees of Aboriginal or Torres Strait Islander trusts; or

       (iii) in circumstances determined by the Indigenous Land Corporation Board to be so exceptional as to justify the making of the grants concerned--Aboriginal persons or Torres Strait Islanders or Aboriginal or Torres Strait Islander partnerships;

        for the acquisition of interests in land;

       (d) to guarantee:

       (i) loans made to Aboriginal or Torres Strait Islander corporations; or

       (ii) loans made to the trustees of Aboriginal or Torres Strait Islander trusts; or

       (iii) in circumstances determined by the Indigenous Land Corporation Board to be so exceptional as to justify the giving of the

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guarantees concerned--loans made to Aboriginal persons or Torres Strait Islanders or Aboriginal or Torres Strait Islander partnerships;

        for the acquisition of interests in land.

13 Subsection 191D(1) (note 2)

Repeal the note, substitute:

Note 2:       Aboriginal or Torres Strait Islander corporation, Aboriginal or Torres Strait Islander trust and Aboriginal or Torres Strait Islander partnership are defined by section 4.

14 Subparagraph 191D(3)(a)(ii)

Repeal the subparagraph, substitute:

       (ii) if the Indigenous Land Corporation grants money to Aboriginal or Torres Strait Islander corporations, trustees of Aboriginal or Torres Strait Islander trusts, Aboriginal persons, Torres Strait Islanders or Aboriginal or Torres Strait Islander partnerships--acting as the agent of the person to whom the money is granted in connection with those acquisitions;

15 Paragraph 191D(3)(b)

Repeal the paragraph, substitute:

       (b) if the Indigenous Land Corporation acquires an interest in land for the purpose of making a grant of the interest to:

       (i) an Aboriginal or Torres Strait Islander corporation; or

       (ii) the trustee of an Aboriginal or Torres Strait Islander trust; or

       (iii) an Aboriginal person or a Torres Strait Islander; or

       (iv) an Aboriginal or Torres Strait Islander partnership;

        that grant being made within a reasonable time after the acquisition.

16 Paragraph 191J(1)(b)

Repeal the paragraph, substitute:

       (b) the Indigenous Land Corporation or the subsidiary, as the case requires, considers that it no longer needs to hold the interest for the purpose of making a grant of the interest to:

       (i) an Aboriginal or Torres Strait Islander corporation; or

       (ii) the trustee of an Aboriginal or Torres Strait Islander trust; or

       (iii) an Aboriginal person or a Torres Strait Islander; or

       (iv) an Aboriginal or Torres Strait Islander partnership.

17 Paragraph 191N(2)(a)

Repeal the paragraph, substitute:

       (a) the acquisition of interests in land for the purpose of making grants of those interests to:

       (i) Aboriginal or Torres Strait Islander corporations; or

       (ii) the trustees of Aboriginal or Torres Strait Islander trusts; or

       (iii) Aboriginal persons or Torres Strait Islanders; or

       (iv) Aboriginal or Torres Strait Islander partnerships;

18 Paragraph 191P(4)(a)

Repeal the paragraph, substitute:

       (a) the acquisition of interests in land in the regional area for the purpose of making grants of those interests to:

       (i) Aboriginal or Torres Strait Islander corporations; or

       (ii) the trustees of Aboriginal or Torres Strait Islander trusts; or

       (iii) Aboriginal persons or Torres Strait Islanders; or

       (iv) Aboriginal or Torres Strait Islander partnerships;

19 Section 191S

Omit "body corporate" (wherever occurring), substitute "person".

20 Section 191T

Omit "body corporate" (wherever occurring), substitute "person".

21 Section 191U

Omit "body corporate" (wherever occurring), substitute "person".

22 Paragraph 191V(2)(g)

Omit "office).", substitute "office);".

23 At the end of subsection 191V(2)

Add:

       (h) such number of other ordinary members (whose respective offices may be referred to as paragraph (h) offices) as the Minister (after consulting the other members) determines.


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24 Subsection 191X(1)

Omit "or (g)", substitute ", (g) or (h)".

25 Subsection 191X(4)

Omit "ordinary" (first occurring).

26 Subsection 192D(3)

Omit "Minister", substitute "Board".

27 Subsection 193C(1)

Omit "in a category B year", substitute "in August of each category B year".

28 Subsection 193R(1) (paragraph (g) of the definition of exempt matter)

Omit "body corporate", substitute "person".

29 Subsection 193R(1) (paragraph (i) of the definition of exempt matter)

Repeal the paragraph, substitute:

       (i) the receipt of money by a person, or by a person acting on behalf of another person, in respect of a disposal referred to in paragraph (g).

30 Subsection 193S(1) (after paragraph (e) of the definition of ILC officer)

Insert:

       (ea) who is or has been a participant in a meeting convened under subsection 193G(1); or

31 Paragraph 193S(2)(c)

Omit "function.", substitute "function; or".

32 At the end of subsection 193S(2)

Add:

       (d) in connection with the officer's participation in a meeting convened under subsection 193G(1).

33 Subparagraph 193S(3)(a)(i)

After "guarantee", insert "or was acquired by the officer in connection with the officer's participation in a meeting convened under subsection 193G(1)".

34 Subparagraph 193S(3)(c)(i)

After "guarantee", insert "or was obtained by the officer in connection with the officer's participation in a meeting convened under subsection 193G(1)".

35 Subparagraph 193S(5)(a)(i)

After "guarantee", insert "or was obtained by the officer in connection with the officer's participation in a meeting convened under subsection 193G(1)".

36 Subparagraph 193S(5)(c)(i)

After "guarantee", insert "or was obtained by the officer in connection with the officer's participation in a meeting convened under subsection 193G(1)".

37 Paragraph 193S(6)(c)

Omit "function.", substitute "function; or".

38 At the end of subsection 193S(6)

Add:

       (d) discussions at a meeting convened under subsection 193G(1) and the exercise of powers referred to in subsection 193F.

39 Subsection 195(1)

Repeal the subsection, substitute:

       (1) If a delegate of the Commission:

       (a) refuses a housing loan under section 14 to an individual; or

       (b) refuses a loan under section 14 to an individual, a body corporate or an unincorporated body to enable the individual or body to engage in a business enterprise; or

       (c) refuses to give a guarantee under section 15 in respect of a housing loan made or to be made to an individual; or

       (d) refuses to give a guarantee under section 15 in respect of a loan made or to be made to an individual, a body corporate or an unincorporated body, where the purpose of the loan is to enable the individual or body to engage in a business enterprise;

the individual or body may, within 30 days after being notified of the refusal, request the Commission to reconsider the matter.

40 At the end of section 195

Add:

       (3) If the Commission has delegated its powers to reconsider a matter and make a decision under subsection (2), subsection (1) does not apply to a refusal by the delegate made in the exercise of those powers.

41 Paragraph 196(1)(aa)

Omit "to an individual to enable the individual", substitute "to an individual, a body corporate or an unincorporated body to enable the individual or body".

42 Paragraph 196(1)(b)

Omit "to an individual, where the purpose of the loan is to enable the individual to engage in a business enterprise", substitute "to an individual, a body corporate or an unincorporated body, where the purpose of the loan is to enable the individual or body to engage in a business enterprise".

43 Subsection 196(4) (definition of decision made by the Commission)

Repeal the definition, substitute:

decision made by the Commission means:

       (a) a decision made by the Commission itself; or

       (b) a decision made by a delegate of the Commission upon a reconsideration of a decision made by another delegate of the Commission.

44 Application

A request that a body corporate purported to make before the commencement of this Schedule under the subsection repealed by item 39, and a decision that the Commission purported to make as a result of such a request, are taken to be, and to have at all times been, as valid as they would have been if the subsection substituted by that item had been in force when the body purported to make the request or the Commission purported to make the decision, as the case may be.