Indigenous Affairs Legislation Amendment Act (No. 2) 2011 (Cth)

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Indigenous Affairs Legislation Amendment Act (No. 2) 2011

No. 188, 2011

An Act to amend the law relating to Indigenous affairs, and for related purposes

Contents

Indigenous Affairs Legislation Amendment Act (No. 2) 2011

No. 188, 2011

An Act to amend the law relating to Indigenous affairs, and for related purposes

[Assented to 7 December 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Indigenous Affairs Legislation Amendment Act (No. 2) 2011.

2Commencement

This Act commences on the day after this Act receives the Royal Assent.

3Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments relating to the Aboriginal and Torres Strait Islander Act 2005Part 1Chief Executive Officers

Aboriginal and Torres Strait Islander Act 2005

1

Subsection 4(1)

Insert:

Indigenous Business Australia Chief Executive Officer means the Chief Executive Officer of Indigenous Business Australia referred to in section 168.

2

Subsection 4(1) (definition of Indigenous Business Australia General Manager)

Repeal the definition.

3

Subsection 4(1)

Insert:

Indigenous Land Corporation Chief Executive Officer means the Chief Executive Officer of the Indigenous Land Corporation referred to in section 192K.

4

Subsection 4(1) (definition of Indigenous Land Corporation General Manager)

Repeal the definition.

5

Subsection 4(1)

Insert:

TSRA Chief Executive Officer means the Chief Executive Officer of the TSRA referred to in section 144G.

6

Subsection 4(1) (definition of TSRA General Manager)

Repeal the definition.

7

Subsections 142D(7) and (8)

Omit “General Manager”, substitute “Chief Executive Officer”.

8

Subsections 142K(3) and (4)

Omit “General Manager”, substitute “Chief Executive Officer”.

9

Section 144F (heading)

Repeal the heading, substitute:

144FDelegation to TSRA Chief Executive Officer or staff member of TSRA

10

Subsection 144F(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

11

Subsection 144F(2) (heading)

Repeal the heading, substitute:

TSRA Chief Executive Officer may sub‑delegate function or power

12

Subsections 144F(2) and (3)

Omit “General Manager”, substitute “Chief Executive Officer”.

13

Division 7 of Part 3A (heading)

Repeal the heading, substitute:

Division 7—TSRA Chief Executive Officer

14

Section 144G (heading)

Repeal the heading, substitute:

144GTSRA Chief Executive Officer

15

Subsections 144G(1) and (2)

Omit “General Manager”, substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

16

Subsection 144G(3)

Omit “as the TSRA General Manager”, substitute “as the TSRA Chief Executive Officer”.

17

Subsection 144G(3)

Omit “However, this rule does not apply to the first TSRA General Manager.”.

18

Subsections 144G(4) and (5)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

19

Subsection 144H(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

20

Subsection 144H(2)

Repeal the subsection, substitute:

  1. (2)

    The period must not be longer than 5 years.

21

Section 144J

Omit “General Manager”, substitute “Chief Executive Officer”.

22

Subsections 144K(1) and (2)

Omit “General Manager”, substitute “Chief Executive Officer”.

23

Section 144L (heading)

Repeal the heading, substitute:

144LActing TSRA Chief Executive Officer

24

Section 144L

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

25

Subsections 144M(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

26

Section 144N

Omit “General Manager”, substitute “Chief Executive Officer”.

27

Subsections 144P(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

28

Section 144Q

Omit “General Manager”, substitute “Chief Executive Officer”.

29

Subsection 144R(2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

30

Subsection 144ZD(5)

Omit “General Manager”, substitute “Chief Executive Officer”.

31

Division 6 of Part 4 (heading)

Repeal the heading, substitute:

Division 6—Indigenous Business Australia Chief Executive Officer

32

Section 168 (heading)

Repeal the heading, substitute:

168Indigenous Business Australia Chief Executive Officer

33

Subsections 168(1), (2) and (3)

Omit “General Manager”, substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

34

Subsection 169(1)

Omit “(1)”.

35

Subsection 169(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

36

Section 170

Omit “General Manager”, substitute “Chief Executive Officer”.

37

Section 171

Omit “General Manager”, substitute “Chief Executive Officer”.

38

Section 172 (heading)

Repeal the heading, substitute:

172Acting Indigenous Business Australia Chief Executive Officer

39

Section 172

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

40

Subsections 172A(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

41

Section 173

Omit “General Manager”, substitute “Chief Executive Officer”.

42

Section 174

Omit “General Manager”, substitute “Chief Executive Officer”.

43

Subsection 175(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

44

Section 177

Omit “General Manager”, substitute “Chief Executive Officer”.

45

Subsection 178(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

46

Paragraph 182(b)

Omit “General Manager”, substitute “Chief Executive Officer”.

47

Section 190 (heading)

Repeal the heading, substitute:

190Delegation to Indigenous Business Australia Chief Executive Officer or member of staff

48

Subsections 190(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

49

Paragraph 191(1)(b)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

50

Division 8 of Part 4A (heading)

Repeal the heading, substitute:

Division 8—Indigenous Land Corporation Chief Executive Officer

51

Section 192K (heading)

Repeal the heading, substitute:

192KIndigenous Land Corporation Chief Executive Officer

52

Subsections 192K(1), (2) and (3)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

53

Section 192L

Omit “General Manager”, substitute “Chief Executive Officer”.

54

Section 192M

Omit “General Manager”, substitute “Chief Executive Officer”.

55

Section 192N (heading)

Repeal the heading, substitute:

192NRemuneration and allowances of Indigenous Land Corporation Chief Executive Officer

56

Section 192N

Omit “General Manager”, substitute “Chief Executive Officer”.

57

Section 192P (heading)

Repeal the heading, substitute:

192PActing Indigenous Land Corporation Chief Executive Officer

58

Section 192P

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

59

Section 192Q

Omit “General Manager”, substitute “Chief Executive Officer”.

60

Section 192R

Omit “General Manager”, substitute “Chief Executive Officer”.

61

Subsection 192S(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

62

Subsection 192T(2) (heading)

Repeal the heading.

63

Subsection 192T(2)

Omit “(2)”.

64

Subsection 192T(2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

65

Section 192U

Omit “General Manager”, substitute “Chief Executive Officer”.

66

Subsection 192V(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

67

Subsection 193S(1) (paragraph (b) of the definition of ILC officer)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

68

Section 193T (heading)

Repeal the heading, substitute:

193TDelegation to Indigenous Land Corporation Chief Executive Officer or member of staff

69

Section 193T

Omit “General Manager”, substitute “Chief Executive Officer”.

70

Paragraphs 200(2)(a) and (b)

Omit “General Manager”, substitute “Chief Executive Officer”.

71

Subparagraph 200A(1)(b)(iii)

Omit “General Manager”, substitute “Chief Executive Officer”.

72

Transitional—secrecy provisions

(1) Paragraph 191(1)(b) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:

  1. (a)

    a reference in that paragraph to the Indigenous Business Australia Chief Executive Officer included a reference to the Indigenous Business Australia General Manager; and

  2. (b)

    a reference in that paragraph to an acting Indigenous Business Australia Chief Executive Officer included a reference to an acting Indigenous Business Australia General Manager.

(2) Paragraph (b) of the definition of ILC officer in subsection 193S(1) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:

  1. (a)

    a reference in that paragraph to the Indigenous Land Corporation Chief Executive Officer included a reference to the Indigenous Land Corporation General Manager; and

  2. (b)

    a reference in that paragraph to an acting Indigenous Land Corporation Chief Executive Officer included a reference to an acting Indigenous Land Corporation General Manager.

(3) Subparagraph 200A(1)(b)(iii) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if a reference in that subparagraph to the TSRA Chief Executive Officer included a reference to the TSRA General Manager.

Aboriginal Land Rights (Northern Territory) Act 1976

73

Paragraph 76(1A)(e)

Omit “General Manager”, substitute “Chief Executive Officer”.

Part 2Secrecy provision

Aboriginal and Torres Strait Islander Act 2005

74

Before subsection 191(2A)

Insert:

Exception—housing or business loans

75

After subsection 191(2A)

Insert:

Exception—Indigenous Business Australia Chief Executive Officer

  1. (2B)

    Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may divulge or communicate information, or produce a document, to the Secretary of the Department for the purposes of the Department.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2B): see subsection 13.3(3) of the Criminal Code.

  2. (2C)

    In exercising a power under subsection (2B), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.

Exception—public interest

  1. (2D)

    Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may, if he or she determines in writing that it is necessary in the public interest, divulge or communicate information, or produce a document, to specified persons for specified purposes.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2D): see subsection 13.3(3) of the Criminal Code.

  2. (2E)

    In making determinations under subsection (2D), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.

  3. (2F)

    A determination under subsection (2D) is not a legislative instrument.

Exception—consent

  1. (2G)

    Despite subsection (2), a person may:

    1. (a)

      divulge or communicate information to a person authorised in writing, by the person to whose affairs the information relates, to receive the information; or

    2. (b)

      produce a document to a person authorised in writing, by the person to whose affairs the document relates, to receive the document.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2G): see subsection 13.3(3) of the Criminal Code.

Exception—information already publicly available

  1. (2H)

    Despite subsection (2), a person may:

    1. (a)

      make a record of information, if the information is already publicly available; or

    2. (b)

      divulge or communicate information to a person, if the information is already publicly available; or

    3. (c)

      produce a document to a person, if the information contained in the document is already publicly available.

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2H): see subsection 13.3(3) of the Criminal Code.

Exception—making records

  1. (2J)

    Despite subsection (2), a person may make a record of information in connection with the exercise of a power under subsection (2B), (2D) or (2G).

    Note: A defendant bears an evidential burden in relation to the matter in subsection (2J): see subsection 13.3(3) of the Criminal Code.

76

Before subsection 191(3)

Insert:

Divulging or communicating information to courts

77

Before subsection 191(4)

Insert:

Definitions

78

At the end of Division 9 of Part 4

Add:

191AAGuidelines for exercise of Indigenous Business Australia Chief Executive Officer’s powers

The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:

  1. (a)

    the Indigenous Business Australia Chief Executive Officer’s power under subsection 191(2B);

  2. (b)

    the Indigenous Business Australia Chief Executive Officer’s power to make determinations under subsection 191(2D).

Part 3Aboriginal Hostels Limited

Aboriginal and Torres Strait Islander Act 2005

79

Subsection 200(6)

Repeal the subsection, substitute:

  1. (6)

    For the purposes of the Administrative Decisions (Judicial Review) Act 1977, if Aboriginal Hostels Limited makes a decision relating to an application by an incorporated body for the provision of accommodation for one or more Aboriginal persons or Torres Strait Islanders, the decision is taken to be a decision of an administrative character made under an enactment.

80

Application

The amendment made by this Part applies in relation to decisions made on or after the commencement of this Part.

[Minister’s second reading speech made in—

House of Representatives on 17 August 2011

Senate on 14 September 2011]

(149/11)

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