Aboriginal and Torres Strait Islander Commission Amendment Act 2005 - Proclamation

Overview

The Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (the Act) was enacted by the Commonwealth Parliament and received Royal Assent on 22 March 2005. The Act was introduced to address the need for significant reforms within the Aboriginal and Torres Strait Islander Commission (ATSIC) to improve its governance, effectiveness, and accountability. The primary objective of the Act, as stated in its explanatory statement, was to facilitate the abolition of ATSIC and the establishment of new structures to better serve the needs of Aboriginal and Torres Strait Islander communities. The Act includes provisions for the abolition of ATSIC, the Regional Councils, and the Office of Evaluation and Audit, along with consequential amendments and transitional arrangements to ensure a smooth transition. Certain schedules of the Act were subject to a proclamation to fix their commencement dates, with specific timelines provided to ensure the new structures could be established without undue delay.

Scope and Application

The Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (the Act) applies to the Aboriginal and Torres Strait Islander Commission and the Regional Councils established under the Aboriginal and Torres Strait Islander Commission Act 1989. The Act also applies to the Office of Evaluation and Audit, which is established under the same Act. The Act amends the 1989 Act and provides for the abolition of the Commission and the Regional Councils, and makes consequential amendments, as well as providing for transitional and saving arrangements. The Act applies nationally, as it is a Commonwealth Act. However, the commencement of certain provisions is subject to a proclamation, with some provisions commencing on a date to be fixed by proclamation, and others commencing on 24 March 2005, or the first day after the end of a six-month period if not commenced within that time. The Act does not specify any exclusions, exemptions, or thresholds. The Act extends or restricts application through subordinate instruments, such as the proclamation fixing the commencement date for certain provisions.

Key Provisions

The Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (the Act) amends the Aboriginal and Torres Strait Islander Commission Act 1989 (the original Act). Most of the provisions of the Act, excluding Schedules 1, 2, 3 and 4, took effect on 22 March 2005, the date the Act received the Royal Assent (subsection 2(1)). Subsection 2(2) of the Act mandates that Schedules 1 and 2 will commence on a date to be specified by proclamation, with a default commencement date of the first day after the expiration of six months from the date of Royal Assent if no proclamation is made. The Act's Explanatory Statement notes that a Proclamation was issued to set 24 March 2005 as the commencement date for Schedules 1 and 2. Schedule 3 of the Act, which deals with the abolition of the Regional Councils, is set to commence on 1 July 2005, while Schedule 4, which pertains to amendments of other Acts and transitional and saving arrangements, will commence concurrently with Schedules 1 and 2. The Act imposes several obligations and requirements on the entities it governs. Firstly, it mandates the abolition of the Aboriginal and Torres Strait Islander Commission, as detailed in Schedule 1, along with implementing consequential amendments and providing transitional and saving arrangements to ensure a smooth transition (Schedule 1). The Office of Evaluation and Audit is also subject to amendments and transitional and saving arrangements as outlined in Schedule 2. The abolition of the Regional Councils and the associated consequential amendments and transitional and saving arrangements are specified in Schedule 3. Furthermore, Schedule 4 includes amendments to other Acts and provides transitional and saving arrangements. Breaches of the provisions of the Act can lead to both civil and criminal consequences. The Act itself does not explicitly state the penalties for non-compliance; however, the penalties would be governed by the original Act and any other relevant legislation. Under the original Aboriginal and Torres Strait Islander Commission Act 1989, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific provision breached and would be determined by the relevant courts. Additionally, failure to comply with the transitional and saving arrangements outlined in the schedules could result in legal challenges and potential financial liabilities for the affected parties.