Aboriginal Development Commission Act 1980

Overview

The Aboriginal Development Commission Act 1980 was enacted by the Parliament of Australia to establish an Aboriginal Development Commission (the Commission) and to provide for related matters. The primary purpose of the Act is to further the economic and social development of Aboriginal people and Torres Strait Islanders, recognising their past dispossession and dispersal. This is achieved through the establishment of a Capital Account to promote development, self-management, and self-sufficiency among these communities. The Act repealed the Aboriginal Loans Commission Act 1974 and the Aboriginal Land Fund Act 1974, transferring their functions and assets to the newly established Commission. The Commission is mandated to assist Aboriginal communities in acquiring land, engaging in business enterprises, obtaining finance for housing and personal needs, and providing related training and advice. It is also tasked with administering the Capital Account and making recommendations to the Minister concerning the economic and social development of Aboriginal people. The Commission has broad powers to carry out these functions and can enter into agreements, accept gifts, and invest funds. The Act outlines the Commission's structure, membership, and operational procedures, including the establishment of the Aboriginal Entitlement Capital Account, which consists of a Capital Fund for investment and a General Fund for other purposes. The Commission's activities are subject to oversight through annual reports and financial statements, and it enjoys certain exemptions from taxation and public service regulations.

Scope and Application

The Aboriginal Development Commission Act 1980 establishes the Aboriginal Development Commission (ADC), whose primary function is to further the economic and social development of Aboriginal people and Torres Strait Islanders, with a focus on promoting their development, self-management, and self-sufficiency. The Act applies to Aboriginals and Torres Strait Islanders and is administered by the ADC, which is a body corporate with perpetual succession and the capacity to acquire, hold, and dispose of property, as well as to sue and be sued. The ADC is governed by a board of ten members, including a Chairman and a Deputy Chairman, appointed by the Governor-General. The Commission's functions include assisting Aboriginal communities and individuals in acquiring land, engaging in business enterprises, obtaining finance for housing and personal needs, and providing related training and advice. The ADC manages the Aboriginal Entitlement Capital Account, which comprises a Capital Fund for investment and a General Fund for various purposes, including land acquisition, business enterprise support, housing loans, and administrative costs. The Act also addresses the disposal of interests in land and property, the acquisition of property for housing and business purposes, and the granting of guarantees for loans. It further establishes the Aboriginal Land Register to facilitate planning and provides for the Commission's staff, finance, and miscellaneous matters, including exemptions from taxation and protection against legal actions for Commission members.

Key Provisions

• The Aboriginal Development Commission Act 1980 establishes the Aboriginal Development Commission (Commission) to further the economic and social development of Aboriginals and Torres Strait Islanders. The Commission has broad functions, including assisting Aboriginals in acquiring land, engaging in business enterprises, obtaining finance for housing and personal needs, and training in relevant matters. The Commission is also responsible for administering the Aboriginal Entitlement Capital Account, which includes the Capital Fund for investment and the General Fund for various purposes such as land acquisition, business enterprise support, housing loans, and other specified activities. The Act mandates that the Commission hold meetings as necessary, with a quorum of six members, and requires the Commission to submit annual reports and financial statements to the Minister, who then table them in Parliament. The Commission is authorized to enter into contracts, subject to certain approval requirements, and may borrow money with the Treasurer's consent. The Act also provides for the protection of Commission members and staff from legal actions taken in good faith for the purposes of the Act. In the event of breaches, the Commission may face civil or criminal consequences, depending on the nature and severity of the offence. Financial penalties could include substantial fines, while criminal penalties might involve imprisonment terms that vary based on the specific offence.

Legal classification tags

Area of Law

Indigenous Peoples & Native Title Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegation

Licensing & Registration

Reporting & Disclosure Obligations

Regulatory Standards