Aboriginal and Torres Strait Islander Commission (Protection of Assets) Directions 2005
EXPLANATORY STATEMENT
Issued by the authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Aboriginal and Torres Strait Islander Commission Act 1989
Section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989 provides that the Commission shall perform its functions and exercise its powers in accordance with such general directions as are given to it by the Minister in writing.
There is presently a Bill before the Parliament which will abolish the Aboriginal and Torres Strait Islander Commission.
Assets of the Commission which are interests in land may not be disposed of without the authority of the Minister for Finance and Administration under the Lands Acquisition Act 1989.
The effect of the Protection of Assets Directions is to ensure that the Minister is informed of any proposed disposal of assets other than interests in land to enable action to be taken to prevent any sale or disposal of assets other than for the benefit of Aboriginal and Torres Strait Islander peoples.
Consultation was not appropriate in the circumstances.
The Directions commence on the date they are given to the Commission.
Overview
The Aboriginal and Torres Strait Islander Commission (Protection of Assets) Directions 2005 were introduced to safeguard the assets of the Aboriginal and Torres Strait Islander Commission (ATSIC) in anticipation of the Commission's abolition. Enacted under Section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989, these Directions were issued by the Minister for Immigration and Multicultural and Indigenous Affairs. They aim to ensure that any proposed disposal of assets other than interests in land is communicated to the Minister, allowing for preventive action to be taken to protect the assets for the benefit of Aboriginal and Torres Strait Islander peoples. The Directions were implemented to address the legislative gap that arose due to the impending abolition of ATSIC, ensuring that assets are not sold or disposed of without proper oversight and authorisation. The Directions came into effect immediately upon being given to the Commission.
Scope and Application
The Aboriginal and Torres Strait Islander Commission (Protection of Assets) Directions 2005 applies to the Aboriginal and Torres Strait Islander Commission and its assets, specifically targeting the management and disposal of its assets, except for interests in land, which are regulated under the Lands Acquisition Act 1989. The Directions are designed to ensure that any proposed disposal of assets, other than those interests in land, is reported to the Minister for Finance and Administration, thereby preventing any sale or disposal that does not align with the benefit of Aboriginal and Torres Strait Islander peoples. Given that the Act is a Commonwealth instrument, it holds jurisdictional reach across Australia, impacting the Commission's nationwide operations. The Directions serve to extend the application of the Act through subordinate instruments, ensuring compliance with the overarching objective of safeguarding the Commission’s assets for the benefit of the Indigenous communities it serves. The scope of the Directions is national, as the Commission operates across the entire country, and there are no specified exclusions, exemptions, or thresholds within the text of the explanatory statement.
Key Provisions
The Aboriginal and Torres Strait Islander Commission (Protection of Assets) Directions 2005, issued under section 12 of the Aboriginal and Torres Strait Islander Commission Act 1989, aim to regulate the disposal of the Commission's assets, particularly focusing on preventing the sale or disposal of assets that are not interests in land without proper oversight. Section 1 of these Directions mandates that the Minister for Finance and Administration must be informed of any proposed disposal of assets other than interests in land. This provision ensures that the Minister is kept abreast of any actions that might lead to the sale or disposal of these assets, thereby allowing for appropriate measures to be taken to protect the interests of Aboriginal and Torres Strait Islander peoples.
The Directions impose several obligations on the Commission and any party involved in the potential disposal of assets. Firstly, the Commission must notify the Minister of any proposed disposal of assets other than land interests. This notification must be made in writing and should include detailed information about the asset and the proposed disposal. Secondly, the Commission must ensure that any such disposal is conducted in a manner that is beneficial to Aboriginal and Torres Strait Islander peoples. This includes adhering to any further directions or conditions that the Minister may impose to safeguard the assets.
Failure to comply with the Directions can result in significant consequences. While the Directions themselves do not explicitly outline specific penalties for non-compliance, any unauthorised disposal of assets could lead to legal action under the Lands Acquisition Act 1989, which governs the disposition of land interests. Additionally, the Minister may take further administrative or legal steps to enforce compliance, ensuring that assets are not misappropriated or sold in a manner that does not benefit Aboriginal and Torres Strait Islander peoples. The overarching intent is to maintain the integrity and purpose of these assets, which are intended to serve the interests of the Indigenous communities.