Aboriginal Affairs Planning Authority Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

ABORIGINAL AFFAIRS

PLANNING AUTHORITY.

No. 100 of 1973.

AN ACT to make provision for the administration of the Aboriginal Affairs Planning Authority Act, 1972, pursuant to an Arrangement between the Commonwealth and the State for the pur- poses of both the Commonwealth and the State, to amend the Aboriginal Affairs Plan- ning Authority Act, 1972, and for incidental and other purposes.

[Assented to 28th December, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Aboriginal	Short title
and

Affairs Planning Authority Act Amendment Act, citation.

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Authority.

Act No. 24

of 1972.	(2) In this Act the Aboriginal Affairs Planning Authority Act, 1972, is referred to as the principal Act.
(3) The principal Act as amended by this Act may be cited as the Aboriginal Affairs Planning Authority Act, 1972-1973.

Commence- 2.

This Act shall come into operation on a day to be fixed by proclamation.

ment.

S. 2A

The principal Act is amended by adding after section 2 a new section as follows-

added. 3.

Act subject

to Arrange-

2A. (1) The provisions of this Act are subject mentary Arrangement of the kind referred to in the Aboriginal Affairs (Arrangements with the States) Act 1973 of the Commonwealth Parliament, or any Act passed in amendment of, or substitution for, that Act by the Common- wealth Parliament which is entered into by the Governor-General of the Commonwealth pur- suant to authority conferred by that Act, and is entered into by the Governor pursuant to this section, and for the time being subsisting.

ment with

the com-

to the provisions of any Arrangement or supple-

monwealth.

(2) The Governor on behalf of the State may enter into any Arrangement or supplementary Arrangement of the kind referred to in the Aboriginal Affairs (Arrangements with the States) Act 1973, of the Commonwealth Parlia- ment, or any Act passed in amendment of, or substitution for, that Act by the Commonwealth Parliament, with the Governor-General of the Commonwealth with respect to the administra- tion of this Act for the purposes of both the Commonwealth and the State.

(3) Without prejudice to the generality of the

power conferred by subsection (2) of this

section, the Governor on behalf of the State

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may enter into an Arrangement with the Governor-General of the Commonwealth in, or substantially in, the form of Arrangement set out in the Second Schedule to this Act.

(4) Any Arrangement or supplementary Arrangement entered into pursuant to this section by the Governor on behalf of the State with the Governor-General of the Common- wealth has by virtue of this subsection effect according to its tenor.

Section 3

Section 3 of the principal Act is amended by

deleting the passage "SCHEDULE.", in line nine,

and substituting a new passage as follows

amended.

4.

"FIRST SCHEDULE.

SECOND SCHEDULE."

5.    Subsection (4) of section 19 of the principal 2getner.

Act is amended by inserting after the word "the", in line two of that subsection, the word "First".

The principal Act is amended by substituting for the heading "SCHEDULE." where it appears following section 51, the heading "FIRST SCHEDULE."	Schedule
amended.
Second

6.

The principal Act is amended by adding after the First Schedule a Second Schedule as follows	Schedule
added.

7.

SECOND SCHEDULE. S. 2A.

AN ARRANGEMENT entered into BETWEEN HIS EXCEL- LENCY THE GOVERNOR-GENERAL OF AUSTRALIA acting with the advice of the Federal Executive Council AND HIS EXCELLENCY THE GOVERNOR OF THE STATE OF WEST- ERN AUSTRALIA acting with the advice of the Executive Council of the State WHEREBY IT IS AGREED as follows:-

1. In this arrangement, unless the context requires other-

wise

"Australian Government" means the Government of

the Commonwealth of Australia;

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"Authority" means the Aboriginal Affairs Planning

Authority constituted by the State Act;

"Commissioner for Aboriginal Planning" means the Commissioner for Aboriginal Planning provided for by the State Act;

"Department" means the Department of Aboriginal Affairs of the Australian Government and includes any department to which that Government allocates responsibility for Aboriginal affairs;

"Director" means the Director for Western Australia of

the Department and includes a person who is for

the time being carrying out the duties of that office;

"Secretary" means the Secretary to the Department and includes a person who is for the time being carrying out the duties of that office;

"State" means the State of Western Australia;

"the State Act" means the Aboriginal Affairs Planning

Authority Act, 1972, of the State.

2. The Australian Government will establish in the State an Office of the Department (hereinafter referred to as "the State Office") for the administration of Australian Govern- ment and State responsibilities for the planning, co-ordina- tion and financing of such activities as are designed to promote the economic, social and cultural advancement of the Aboriginal people.

3. (1) The Minister of the State responsible for the admin- istration of the State Act will not exercise any power resid- ing in the Minister under or in respect of the State Act without having regard to the purpose and effectuation of this arrangement and except after appropriate prior con- sultation between the Australian Government and the State concerning the proposed exercise of the power.

(2) Subclause (1) of this clause shall not apply to powers of the Minister in relation to sections 19 to 38 inclusive of the State Act.

(3) The Minister shall have access to all information that he requires in relation to the administration of the State Act.

4. (1) The functions of the State Office shall include the administration of the State Act, including the maintenance of the effective operation of

(1) the Aboriginal Advisory Council established under

section 18;

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(ii)

the Aboriginal Affairs Co-ordinating Committee

established under section 19;

the Aboriginal Lands Trust established by section 20. (2) For the purposes of the administration of the State Act the Director is empowered by this arrangement to exercise and perform such powers and functions as are con- ferred on the Authority under the State Act.

(iii)

The responsibility of the State Office for the Abo- riginal Advisory Council shall cease if and when the Australian Government creates some other body which the State accepts as an adequate substitute therefor.

(3)

5. (1) The Australian Government will create an office in the Australian Public Service of Director for Western Aus- tralia who shall be responsible, under the general control and supervision of the Secretary, for the administration of the State Office.

(2) The person occupying the office of Commissioner for Aboriginal Planning at the date of this arrangement shall be entitled to elect to be appointed, upon and subject to the provisions of the Aboriginal Affairs (Arrangements with the States) Act 1973 and of the Public Service Act 1922- 1973 of the Parliament of the Commonwealth, to the office of Director, and upon being so appointed shall be required to resign from the Public Service of the State but shall continue to occupy the office of Commissioner for Aboriginal Planning.

(3) Appointments to the office of Director, otherwise than under subclause (2) of this clause, as and when that office becomes vacant will be made in accordance with and subject to the procedures of the Australian Government after con- sultation between the Secretary and the appropriate State authorities and the State will, in accordance with and subject to its own procedures, at the same time appoint the same person to the office of Commissioner for Aboriginal Planning.

The person from time to time appointed the Com- missioner for Aboriginal Planning in accordance with the terms of this arrangement shall have all such powers, authorities and responsibilities as are conferred upon that office by the State Act.

(4)

6. (1) The staff other than the Director required for the State Office will be as determined in accordance with the normal procedures of the Australian Government.

(2) Nothing contained in this arrangement prevents the State from retaining any of its existing employees or appointing pursuant to the State Act a reasonable number of new employees to administer those provisions of the State Act that are mentioned in clause 3 (2) hereof.

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7. (1) The Australian Government shall offer, in accord- ance with the provisions of the Aboriginal Affairs (Arrange- ments with the States) Act 1973, to appoint to, or employ in, the Australian Public Service to perform duties in the Department all persons who are officers or other employees of the Authority at the date of this arrangement and every such offer shall give particulars of the conditions of employ- ment and allowances which the Public Service Board deter- mines pursuant to the provisions of section 12 of the said Act.

(2) An officer or employee who elects to be appointed or employed, as provided in the last preceding subclause, shall, with the consent of the Australian Public Service Board be so appointed or employed without medical or other examina- tion and the conditions of employment shall be as provided in the Aboriginal Affairs (Arrangements with the States) Act 1973.

(3) The provisions of the last preceding subclause, so far as they relate to appointment and conditions of employ- ment, shall apply to the person referred to in subclause (2) of clause 5 of this arrangement.

(4) Officers and employees referred to in subclause (1) of this clause shall include-

(i)   permanent officers of the Public Service of the State;

(ii)    temporary officers of the Public Service of the State; and

(iii)    employees of the State who are not officers of the Public Service of the State, but who have been engaged as employees with the approval of the Minister of the State responsible for the adminis- tration of the State Act.

(5) Persons appointed to, or engaged for employment in, the Australian Public Service as provided in subclause (2) of this clause shall be required to perform such duties as are directed by the Secretary or the Director.

8. (1) The office of the Director will be located in the capital city of the State and will not be removed elsewhere except with the agreement of the appropriate authorities of the State.

(2) Offices of the State Office will be located in the capital city of the State and in such other places in the State as may be determined by the Secretary.

9. (1) The State will make available, free of charge, to the Australian Government, for use by the State Office all vehicles, furniture, books, records and other equipment in use by the Authority at the date of this arrangement.

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(2) The records referred to in the last preceding subclause

shall include those relating to

(1) the operations of the Authority; and

(ii) members of the staff of the Authority who are transferred to the service of the Australian Govern- ment in accordance with this arrangement.

10. Subject to this arrangement the Australian Govern- ment will meet the full cost of the staff, equipment, office accommodation and all other things required for the admin- istration of the State Office.

Dated this day of 19 .

By His Excellency's Command,

Governor-General.

By His Excellency's Command,

Governor.