Aboriginal and Torres Strait Islander Commission Amendment Act 1998

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A05331 In force Act

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Aboriginal and Torres Strait Islander Commission Amendment Act 1998

 

No. 20, 1998

 

 

 

 

 

 

 

 

 

 

Aboriginal and Torres Strait Islander Commission Amendment Act 1998

 

No. 20, 1998

 

 

 

 

An Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes

 

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................2

Schedule 1—Amendment 3

Aboriginal and Torres Strait Islander Commission Act 1989 3

 

Aboriginal and Torres Strait Islander Commission Amendment Act 1998

No. 20, 1998

 

 

 

An Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes

[Assented to 17 April 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act 1998.

2  Commencement

 (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

 (2) Items 4 and 8 of Schedule 1 are taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Amendment Act 1996 received the Royal Assent.

 (3) Item 10 of Schedule 1 is taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Act 1989 received the Royal Assent.

 (4) Item 11 of Schedule 1 is taken to have commenced immediately after the commencement of section 79 of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Aboriginal and Torres Strait Islander Commission Act 1989

1  At the end of section 20

Add:

 (5) This section does not affect the availability to the Commission of any legal or equitable remedy for a failure to fulfil a term or condition of a grant or loan made by the Commission under this Part.

2  Subsections 21(2) and (3)

Repeal the subsections, substitute:

No disposal without Commission’s consent

 (2) The individual or body must not dispose of the interest without the Commission’s written consent to that particular disposal or to a disposal of that kind.

Consent must specify person who is to acquire interest

 (3) The consent must specify the disposal, or the kind of disposal, it covers by identifying the person or class of persons to whom the interest is to be disposed of.

Other ways in which consent may specify disposal

 (4) Subsection (3) does not prevent a consent from further specifying a particular disposal, or a kind of disposal, in other ways.

Disposal without Commission’s consent is invalid

 (5) A purported disposal of the interest by the individual or body has no effect unless it is covered by the Commission’s written consent.

Conditional consent

 (6) The Commission may attach a condition to its consent by specifying the condition in the document setting out the consent.

Contravention of condition does not affect disposal

 (7) Contravention of a condition attached to the Commission’s consent does not affect the disposal of the interest by the individual or body.

Contravention of condition on using proceeds of disposal

 (8) However, the Commission may give the individual or body written notice requiring the individual or body to pay the Commission the amount specified in the notice if:

 (a) the interest disposed of was acquired by the individual or body either:

 (i) using money granted by the Commission to the individual or body under paragraph 14(1)(a) after the commencement of this subsection; or

 (ii) as a result of the grant of an interest in land by the Commission under paragraph 14(1)(b) after the commencement of this subsection; and

 (b) the condition attached to the Commission’s consent was that some or all of the proceeds of the disposal be applied for a purpose specified by the Commission; and

 (c) the Commission is satisfied that the condition was not complied with.

Amount that must be paid

 (9) The Commission must not specify in the notice an amount greater than the amount of the grant made to the individual or body under paragraph 14(1)(a) or (b).

Liability to pay

 (10) An individual or body given a notice is liable to pay the Commission the amount specified in the notice.

Requirement to pay under notice does not affect other remedies

 (11) Subsections (8), (9) and (10) do not affect the availability to the Commission of any legal or equitable remedy for contravention of a condition attached to the Commission’s consent.

Note: The following heading to subsection 21(1) is inserted “Interests to which this section applies”.

3  At the end of section 21A

Add:

 (4) This section does not apply to a liability arising under subsection 21(10) (because of a failure to comply with a condition the Commission attached to its consent for an individual or body to dispose of the interest of the individual or body in land).

4  Subsection 36(5)

Omit “section”, substitute “subsection”.

5  Paragraph 45(1)(a)

Repeal the paragraph, substitute:

 (a) its power to consent for the purposes of section 21 to the disposal of interests in property used mainly for purposes other than residential purposes; and

6  At the end of paragraph 45(1)(c) and subparagraph 45(1)(ca)(ii)

Add “and”.

7  At the end of subsection 45A(1)

Add “or any or all of its other powers (except those under section 20) so far as they relate to a grant, loan or guarantee under section 14, 15 or 16”.

8  Paragraph 78A(1)(a)

Omit “(ba) (c), (d), (da), (db),,”, substitute “(ba), (c), (d), (da), (db),”.

9  Paragraph 94(1)(f)

After “by”, insert “or under”.

10  Subsection 178(2)

Omit “condition”, substitute “conditions”.

11  Subsection 196A(2)

After “referred to”, insert “in”.

12  Application of amendment of section 21

(1) The amendment of section 21 of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule applies to disposals of interests (and purported disposals of interests) on or after the day on which this Act receives the Royal Assent.

(2) A consent given by the Commission before that day remains effective for the purposes of that section on and after that day (despite that amendment).

13  Application of amendments of paragraph 45(1)(a) and subsection 45A(1)

The amendments of paragraph 45(1)(a) and subsection 45A(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule do not affect delegations under instruments made before the day on which this Act receives the Royal Assent.

 

 

 

[Minister's second reading speech made in—

House of Representatives on 3 December 1997

Senate on 1 April 1998]

 

 

 

 

(238/97)

 

 

Overview

The Aboriginal and Torres Strait Islander Commission Amendment Act 1998, No. 20, 1998 was enacted to amend the Aboriginal and Torres Strait Islander Commission Act 1989 and address specific issues identified within the original legislation. This amendment act was passed by the Parliament of Australia and received Royal Assent on 17 April 1998. Its primary objective is to enhance the governance and accountability mechanisms within the Aboriginal and Torres Strait Islander Commission (ATSIC), ensuring more effective and transparent management of grants and loans provided to Indigenous Australians. By refining the conditions under which disposals of interests can occur and clarifying the Commission's powers, the act aims to better protect the interests of Indigenous communities in relation to their land and resources.

Scope and Application

The Aboriginal and Torres Strait Islander Commission Amendment Act 1998 amends the Aboriginal and Torres Strait Islander Commission Act 1989 to introduce changes to the powers and responsibilities of the Aboriginal and Torres Strait Islander Commission (ATSIC). This Act applies to the Commission as a body corporate, and its provisions govern the conduct and transactions related to the disposal of interests in property, particularly those used mainly for non-residential purposes. The amendments focus on ensuring the Commission has control over the disposal of interests in property and the application of proceeds from such disposals. The Act applies nationally across Australia as it is a Commonwealth Act. The amendments do not affect delegations made under instruments prior to the Act's commencement, and certain provisions of the Act commenced on specific dates relative to other related Acts. Through this Act, the Commission retains its legal and equitable remedies for failures to fulfil terms or conditions of grants or loans. The Act may extend its application through subordinate instruments, though such extensions are not explicitly detailed in the primary text provided.

Key Provisions

The Aboriginal and Torres Strait Islander Commission Amendment Act 1998 (No. 20, 1998) amends the Aboriginal and Torres Strait Islander Commission Act 1989. The main sections of the amendment include changes to how the Commission can dispose of interests in property (Section 20), the conditions under which consent must be given for such disposals (Sections 21 and 21A), and the Commission's powers to delegate certain functions (Sections 45 and 45A). These changes introduce stricter conditions on the disposal of interests in property and clarify the Commission's authority to delegate its powers. The Act imposes several obligations on the parties involved. Firstly, it mandates that individuals or bodies must not dispose of their interest in property without the Commission’s written consent (Section 21(2)). This consent must specify the person or class of persons to whom the interest is to be disposed (Section 21(3)). Additionally, the Act stipulates that the Commission must not specify a repayment amount greater than the amount of the grant made to the individual or body (Section 8(9)). The obligation extends to the individual or body, who must pay the Commission if the condition attached to the consent is not met (Section 8(10)). These obligations ensure that any disposal of interests in property is done with the Commission's approval and in accordance with the specified terms. Breach of the provisions outlined in the Act can result in civil consequences. Specifically, if an individual or body disposes of an interest in property without the Commission's consent, the disposal is considered invalid (Section 21(5)). Furthermore, if the proceeds of the disposal are not applied for the purpose specified by the Commission, the individual or body may be required to repay the Commission the amount of the grant (Section 8(8) to 8(10)). These provisions ensure compliance with the Act and the enforcement of the conditions attached to the Commission's consent, with the potential for financial penalties if the conditions are not met.

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