Native Title Amendment (Tribunal Appointments) Act 1997 (Cth)

Native Title Amendment (Tribunal Appointments) Act 1997

No. 170, 1997

Native Title Amendment (Tribunal Appointments) Act 1997

No. 170, 1997

An Act to amend the Native Title Act 1993, and for related purposes

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Native Title Amendment (Tribunal Appointments) Act 1997

No. 170, 1997

An Act to amend the Native Title Act 1993, and for related purposes

[Assented to 16 November 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Native Title Amendment (Tribunal Appointments) Act 1997.

2Commencement

This Act commences on the day on which it 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendment of the Native Title Act 1993

1

Subsection 95(3)

Repeal the subsection, substitute:

1. (3)

   A person is not to be appointed as Registrar unless:

   1. (a)

      the person is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and

   2. (b)

      the person has substantial experience in relation to:

      1. (i)

         Aboriginal or Torres Strait Islander societies; or

      2. (ii)

         the law; or

      3. (iii)

         administration; or

      4. (iv)

         any other activities relevant to the duties of the Registrar.

2

After section 106

Insert in Part 5:

106AAppointment of acting Registrar

President may appoint acting Registrar

1. (1)

   The President may appoint a person to act as the Registrar:

   1. (a)

      if there is a vacancy in the office of Registrar; or

   2. (b)

      during any period, or during all periods, when the Registrar is absent from duty or absent from Australia or is, for any reason, unable to perform the duties of the office.

A person appointed to act during a vacancy is not to continue so to act for more than 12 months.

Qualifications

1. (2)

   A person is not to be appointed to act as Registrar unless:

   1. (a)

      the person is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory; and

   2. (b)

      the person has substantial experience in relation to:

      1. (i)

         Aboriginal or Torres Strait Islander societies; or

      2. (ii)

         the law; or

      3. (iii)

         administration; or

      4. (iv)

         any other activities relevant to the duties of the Registrar.

Validation

1. (3)

   Anything done by a person purporting to act under an appointment under this section is not invalid merely because:

   1. (a)

      the occasion for the appointment had not arisen; or

   2. (b)

      there was a defect or irregularity in, or in connection with, the appointment; or

   3. (c)

      the appointment had ceased to have effect; or

   4. (d)

      the occasion to act had not arisen or had ceased.

   Note: Section 33A of the Acts Interpretation Act 1901 has additional rules that apply to acting appointments.

3

At the end of section 122

Add:

1. (4)

   Without limiting subsection (3), a person has a conflict of interest at a particular time in relation to an application under Part 3, or an inquiry by the Tribunal, if:

   1. (a)

      at that time, the person is employed by, or engaged as a consultant to, an organisation that has an interest in the subject matter of the application or the inquiry; or

   2. (b)

      at any time in the 12 months immediately before that time, the person was so employed or engaged.

[Minister's second reading speech made in—

House of Representatives on 25 June 1997

Senate on 22 September 1997]

(105/97)