Federal Register of Legislation - Australian Government

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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
Administered by: Families, Housing, Community Services and Indigenous Affairs
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.
Registered 23 Jun 2011
Introduced HR 23 Jun 2011
Table of contents.

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

  

  


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

 


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

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Indigenous Affairs Legislation Amendment Act 2011.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

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 enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   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.


 

Schedule 1Scheduling of land

  

Aboriginal Land Rights (Northern Territory) Act 1976

1  Part 4 of Schedule 1 (after the item relating to BAUHINIA DOWNS)

Insert:

BORROLOOLA

All that land near Borroloola in the Northern Territory comprising:

                     (a)  the whole of Northern Territory Portion 2177 delineated on Survey Plan S2000/169 lodged with the Surveyor‑General, Darwin, known as Rarranggilawunyara and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 5.62 hectares; and

                     (b)  the whole of Northern Territory Portion 2178 delineated on Survey Plan S2000/169 lodged with the Surveyor‑General, Darwin, known as Niwawunala and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 2.66 hectares; and

                     (c)  the whole of Northern Territory Portion 2179 delineated on Survey Plan S2000/169 lodged with the Surveyor‑General, Darwin, known as Wanadjurara and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 6,840 square metres; and

                     (d)  the whole of Northern Territory Portion 2180 delineated on Survey Plan S2000/169 lodged with the Surveyor‑General, Darwin, known as Alolo and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 7.51 hectares; and

                     (e)  the whole of Northern Territory Portion 3900 delineated on Survey Plan S90/252D lodged with the Surveyor‑General, Darwin, known as Batten Point and in the locality of McArthur in the Northern Territory and containing an area of approximately 201.8 hectares; and

                      (f)  the whole of Northern Territory Portions 3997 and 3940 delineated on Survey Plan S90/316B lodged with the Surveyor‑General, Darwin, known as North Island and in the locality of Pellew Islands in the Northern Territory and containing an area of approximately 6,607 hectares.

2  Part 4 of Schedule 1 (after the item relating to PATTA)

Insert:

PORT PATTERSON ISLANDS

All that land being the whole of Northern Territory Portion 2621 delineated on Survey Plan S83/282 lodged with the Surveyor‑General, Darwin, known as Port Patterson Islands and in the locality of Bynoe Harbour in the Northern Territory and containing an area of approximately 591.4 hectares.


 

Schedule 2Indigenous Land Corporation

  

Aboriginal and Torres Strait Islander Act 2005

1  After subsection 191F(2)

Insert:

Supporting native title settlements

          (2A)  The Indigenous Land Corporation must have regard to any guidelines in force under section 191HA:

                     (a)  in deciding whether to perform its functions in support of a native title settlement; and

                     (b)  if it decides to perform its functions in support of a native title settlement—in performing its functions in support of that settlement.

Note:          The Native Title Act 1993 deals with making and resolving native title claims.

2  After section 191H

Insert:

191HA  Ministerial guidelines about supporting native title settlements

                   The Minister may, by legislative instrument, make guidelines for the purposes of subsection 191F(2A).

3  After subsection 191I(1)

Insert:

Interaction with guidelines under section 191HA

          (1A)  Guidelines referred to in subsection (1) have no effect to the extent to which they are inconsistent with guidelines referred to in section 191HA.

Note:       The heading to section 191I is altered by omitting “Guidelines” and substituting “Indigenous Land Corporation guidelines”.

4  Subsection 191I(2)

After “guidelines”, insert “referred to in subsection (1)”.


 

Schedule 3Torres Strait Regional Authority elections

  

Aboriginal and Torres Strait Islander Act 2005

1  Subsection 4(1) (definition of Queensland Act)

Repeal the definition.

2  Subsection 142R(1)

Omit “notice”, substitute “instrument”.

3  Section 142S

Repeal the section, substitute:

142S  Minister may determine manner of representation on TSRA

             (1)  The Minister may, by legislative instrument, make provision for and in relation to how the TSRA is to be constituted.

             (2)  Without limiting subsection (1), an instrument under that subsection may:

                     (a)  provide for some or all of the members of the TSRA to be elected under this Act to be representatives of a specified kind; and

                     (b)  provide for the method and timing of election of those members; and

                     (c)  provide for the term of office of those members.

             (3)  An instrument under subsection (1) may also make provision in relation to the operation of the TSRA.

             (4)  If the eligible number has changed, the Minister may amend an instrument under subsection (1) in connection with the change.

             (5)  Subsection (4) does not limit the Minister’s power to revoke, amend or vary an instrument under subsection (1).

             (6)  An instrument under subsection (1) has effect according to its terms.

4  Subsection 142TA(3)

Omit “a notice”, substitute “an instrument”.

5  Paragraph 142TA(5)(b)

Omit “a notice”, substitute “an instrument”.

6  Subsection 142Y(1)

Omit “Subject to this section, TSRA elections must be held every 3 years”, substitute “TSRA elections must be held every 4 years”.

7  Subsection 142Y(3)

Repeal the subsection.

8  Subsection 143R(1)

Omit “a notice under paragraph 142S(2)(a) or (b)”, substitute “an instrument under section 142S”.