Bills Digest No. 55 2003-04
Aboriginal Land Grant
(Jervis Bay Territory) Amendment Bill
2003
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Aboriginal Land Grant
(Jervis Bay Territory) Amendment Bill
2003
Date Introduced: 17 September 2003
House: House of Representatives
Portfolio: Immigration and Multicultural and
Indigenous Affairs
Commencement: All items in this Bill commence on the day the Act receives
Royal Assent
This Bill makes a number of amendments to the
Aboriginal Land Grant
(Jervis Bay Territory) Act 1986 ( the Land Grant Act
). The amendments are designed to facilitate the operation of the
Wreck Bay Aboriginal Council ( the Council ).
Background
The Bill gives effect to a request by the
Council for legislative changes to certain administrative
requirements provided for in the Land Grant Act. It makes the
Council s quorum requirements simpler to meet and gives the Council
more time to provide a copy of a by-law to the Minister. It also
makes changes consequential upon the Government s establishment of
Aboriginal and Torres Strait Islander Services (ATSIS) as a new
agency within the Immigration and Multicultural and Indigenous
Affairs portfolio.
The Council is established under the Land
Grant Act. The functions of the Council are to hold title to
Aboriginal land, exercise powers as owners of Aboriginal land for
the benefit of the members of the Wreck Bay Aboriginal community,
make representations to the Minister in relation to land that the
Council considers should become Aboriginal land, and other matters
relevant to the Act.
Section 15 of the Land Grant Act provides for
a Registrar of the Council, and section 16 provides that the
Registrar may delegate his or her functions and powers. At present
the Registrar must be an officer of the Department of Immigration
and Multicultural and Indigenous Affairs (DIMIA) or the Aboriginal
and Torres Strait Islander Commission (ATSIC) and the powers of the
Registrar can only be delegated to a person who is an officer of
DIMIA or ATSIC.
On 1 July 2003 Aboriginal and Torres Strait
Islander Services (ATSIS) was established as a new agency within
the Immigration and Multicultural and Indigenous Affairs portfolio.
Its role is to deliver to Indigenous people those programs
previously provided by ATSIC.
Sections 20-24 of the Land Grant Act provide
for the holding of annual general meetings and special general
meetings of the Council. At these meetings the Council elects its
executive members and deals with matters relating to its functions.
Eligibility for membership of the Council is also determined at
meetings of the Council.
Sections 25 and 26A specify the quorum
requirements for meetings of the Council. Section 25 provides that
the quorum at an annual general meeting or at a special general
meeting is constituted by a majority of members of the Council.
This requirement has proven virtually impossible to
achieve.(1) Section 26A provides for a lesser quorum
requirement where an annual general meeting has been reconvened due
to a failure to achieve a quorum at the initial meeting within 60
minutes of the notified time of the meeting. The lesser requirement
is 40% of the members at the first reconvening of an annual general
meeting, and, if it is necessary to again reconvene due to a
failure to achieve a quorum within 60 minutes of the notified
meeting time, 25% of the members at a subsequent reconvening of the
meeting. These lesser requirements have also proved virtually
impossible to achieve, making it difficult for the Council to
conduct meetings and urgent business.(2)
Under s.52A of the Land Grant Act the Council
has power to make by-laws governing matters of concern to the
people of the Wreck Bay Community, including cultural activities
and declaration of sacred sites. Under s.52A(10) the Council is
required to provide the Minister administering the Land Grant Act
with a copy of any by-law that it has made, within 7 days of making
it. The requirement that the by-law be provided to the Minister
within 7 days has proven difficult to work with, particularly over
public holiday periods.(3)
The effect of item 5 of Schedule 1 of the
Bill is to substitute a new provision specifying persons who may
hold the office of Registrar of the Council. The new provision
would enable the Minister to appoint as Registrar an officer of
ATSIS or an officer of ATSIC.
The effect of item 6 of Schedule 1 of the
Bill is to substitute a new provision specifying persons to whom
the Registrar may delegate his or her functions or powers. The new
provision would enable delegation to an officer of ATSIS or an
officer of ATSIC.
Items 7, 9, and 11
of Schedule 1
of the Bill operate to make the same quorum requirements apply to
all reconvened meetings of the Council, whether of an annual
general meeting or a special general meeting.
Items 8 and 10 of Schedule 1
of the Bill set the quorum for a first and second reconvened
meeting of the Council respectively. The quorum at a reconvened
meeting is set at 40 registered members.
The period within which a copy of a by-law
made by the Council must be given to the Minister is extended to 21
days by item 12 of
Schedule 1 to the Bill.
-
The Hon Philip Ruddock,
MP House of Representatives, Debates, 17 September 2003 p.20232, referring to advice from the
Council.
-
ibid., again referring
to advice from the Council.
-
ibid.
Jennifer Nicholson
3 November 2003
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
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