EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 219
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Aboriginal and Torres Strait Islander Act 2005
Aboriginal and Torres Strait Islander Commission Repeal Regulation 2012
Subsection 201(1) of the Aboriginal and Torres Strait Islander Act 2005 (the Act) provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
The Regulation repeals the Aboriginal and Torres Strait Islander Commission Regulations (Statutory Rules 1992 No. 122) (the Principal Regulations) because they are redundant.
In February 2009, the Updated Economic and Fiscal Outlook announced that the Government would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) “… to document those regulations which impose net costs on business, and identify the scope to improve regulatory efficiency”. The Department of Finance and Deregulation (Finance) was tasked with the responsibility of co-ordinating the Review on the Government’s behalf. A Pre‑2008 Review of Subordinate Legislation Final Report (Final Report) was completed for each portfolio and agreed between the Minister Assisting on Deregulation and each Portfolio Minister. Responsibility for actioning the recommendations of each report resides with individual Ministers.
In relation to the Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) portfolio, the Review identified 10 ‘in-scope’ policy clusters that included background information, relevant review history and Finance’s recommendations. Policy cluster 1 dealt with Aboriginal and Torres Strait Islander Commission Regulations.
Finance recommended in the Final Report that FaHCSIA take action to repeal the regulations in cluster 1 (twelve in total) because they serve no further purpose because the Aboriginal and Torres Strait Islander Commission (ATSIC) was abolished with effect from 24 March 2005.
The Principal Regulations are currently enabled by the Act which was previously known as the Aboriginal and Torres Strait Islander Commission Act 1989.
The Act does not impose any conditions that need to be satisfied before the power to make the Regulation may be exercised.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on the day after registration on the Federal Register of Legislative Instruments.
The Regulation expires at the end of the day it commences.
Consultation
Consultation was considered unnecessary because the Regulation is repealing the redundant Principal Regulations and is therefore of a minor or machinery nature and does not substantially alter existing arrangements (see paragraph 18(2)(a) of the Legislative Instruments Act 2003).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Legislative Instrument
The Regulation repeals the Principal Regulations because they are redundant and do not need to be retained as current subordinate regulation on the Federal Register of Legislative Instruments.
The Principal Regulations were identified as being redundant on the basis that ATSIC was abolished with effect from 24 March 2005.
Human rights implications
The Regulation does not engage any of the applicable rights or freedoms.
Conclusion
The Regulation is compatible with human rights.
The Hon Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform
Overview
The Aboriginal and Torres Strait Islander Act 2005 (the Act) was enacted by the Commonwealth Parliament to provide a legislative framework for the recognition and protection of the rights and interests of Aboriginal and Torres Strait Islander peoples. The Act aimed to address gaps in existing legislation and policy frameworks by establishing a more cohesive and comprehensive approach to Indigenous affairs. One of the key mechanisms through which the Act sought to achieve these objectives was the establishment of the Aboriginal and Torres Strait Islander Commission (ATSIC), which was subsequently abolished on 24 March 2005. The Aboriginal and Torres Strait Islander Commission Repeal Regulation 2012, issued under the authority of the Minister for Families, Community Services and Indigenous Affairs, was introduced to repeal the redundant Aboriginal and Torres Strait Islander Commission Regulations (Statutory Rules 1992 No. 122), which had become obsolete following the abolition of ATSIC. The regulation was enacted to ensure that no unnecessary or redundant regulatory frameworks remained on the Federal Register of Legislative Instruments, thereby improving regulatory efficiency and aligning the legislative framework with current policy objectives. The regulation is compatible with the human rights and freedoms recognised in relevant international instruments.
Scope and Application
The Aboriginal and Torres Strait Islander Commission Repeal Regulation 2012 pertains to the repeal of the Aboriginal and Torres Strait Islander Commission Regulations (Statutory Rules 1992 No. 122) due to their redundancy, as the Aboriginal and Torres Strait Islander Commission (ATSIC) was abolished with effect from 24 March 2005. The regulation applies to all entities and individuals previously governed by the Principal Regulations, which were enabled by the Aboriginal and Torres Strait Islander Act 2005, previously known as the Aboriginal and Torres Strait Islander Commission Act 1989. The regulation is applicable on a national level, as it is a legislative instrument issued under the authority of the Commonwealth of Australia. The regulation does not impose any conditions for its exercise and is considered a minor or machinery regulation, thereby exempting it from the requirement for consultation. The regulation commences on the day after its registration on the Federal Register of Legislative Instruments and expires at the end of the day it commences. There are no stated exclusions or thresholds within this regulation, and it does not extend or restrict its application through subordinate instruments. The regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Aboriginal and Torres Strait Islander Commission Repeal Regulation 2012 (F2012L01877) serves to repeal the Aboriginal and Torres Strait Islander Commission Regulations 1992 (Principal Regulations) (subsection 201(1) of the Aboriginal and Torres Strait Islander Act 2005). This repeal is due to the Principal Regulations being redundant, as the Aboriginal and Torres Strait Islander Commission (ATSIC) was abolished effective 24 March 2005. This legislative instrument was issued under the authority of the Minister for Families, Community Services and Indigenous Affairs, in response to a review of pre-2008 Commonwealth subordinate legislation. The review identified the Principal Regulations as redundant, leading to the recommendation to repeal them, as they no longer serve a purpose following the abolition of ATSIC. The Regulation is a minor or machinery nature change and does not substantially alter existing arrangements, hence consultation was deemed unnecessary.
The obligations imposed by the Aboriginal and Torres Strait Islander Commission Repeal Regulation 2012 are primarily administrative. Since the Principal Regulations were redundant and no longer necessary, the main obligation is to ensure that these regulations are removed from the Federal Register of Legislative Instruments. There are no specific actions or requirements placed on individuals or entities by this Regulation, as it mainly serves to clean up outdated legislative instruments. The Regulation is effective immediately upon registration and expires on the same day it commences, ensuring that the redundant regulations are promptly repealed.
The Regulation itself does not create any offences or penalties. Instead, its purpose is to facilitate the repeal of redundant regulations. However, the overarching Aboriginal and Torres Strait Islander Act 2005 may still impose penalties or consequences for breaches of its provisions. For instance, any breaches of the Act itself could result in civil or criminal penalties, depending on the nature and severity of the offence. The exact penalties would be determined according to the specific provisions of the Act that are breached, rather than by the Regulation itself.