Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment)

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment) 1994 No. 28 was issued under the authority of the Minister for Aboriginal and Torres Strait Islander Affairs to amend the Aboriginal and Torres Strait Islander Heritage Protection Regulations 1984. This amendment was enacted to address the gap in the recognition of local Aboriginal communities under the Act. Specifically, the amendment aimed to rectify the omission of the Yorta Yorta Murray Goulburn Rivers Clans Incorporated from the Schedule of the Act, which lists organisations recognised as local Aboriginal communities. By adding this community to the Schedule, the Regulations ensured that the Yorta Yorta Murray Goulburn Rivers Clans Incorporated is formally recognised in matters pertaining to Aboriginal and Torres Strait Islander heritage protection. The policy objective behind this amendment was to extend the protection and recognition provided by the Act to include this additional community, thereby enhancing the comprehensiveness and inclusivity of the legislative framework.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment) 1994 No. 28 applies to the regulation of heritage protection for Aboriginal and Torres Strait Islander communities as specified under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Specifically, this amendment modifies the Regulations to include the Yorta Yorta Murray Goulburn Rivers Clans Incorporated as a recognised local Aboriginal community within the Schedule, thereby extending the geographic reach of the Act to cover this additional community in Victoria. This legislative change ensures that the Yorta Yorta Murray Goulburn Rivers Clans Incorporated is now recognised and afforded the same protections and rights as other communities listed under the Act. The amendment is made under the authority granted by section 32 of the Act, which allows the Governor-General to make Regulations required or permitted by the Act. The Regulations, once amended, apply nationally, thereby extending the application of the Act to cover additional communities within the specified jurisdiction. There are no stated exclusions or exemptions within the scope of this amendment, which simply extends the application of the Act to include the Yorta Yorta Murray Goulburn Rivers Clans Incorporated.

Key Provisions

The main sections of the Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment) 1994 No. 28 pertain primarily to the updating of the Schedule to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act). Section 32 of the Act authorises the Governor-General to make Regulations necessary or permitted by the Act, and under this authority, the Schedule has been amended. Specifically, subsection 21A(1) of the Act, which defines a local Aboriginal community as an organisation specified in the Schedule, has been updated to include the Yorta Yorta Murray Goulburn Rivers Clans Incorporated, which was previously omitted. This addition is made under the authority provided in subsection 21A(2) of the Act, which allows the Regulations to amend the Schedule by including the name of an organisation that is incorporated in or conducts business in Victoria. This amendment ensures that the Yorta Yorta Murray Goulburn Rivers Clans Incorporated is recognised as a local Aboriginal community in Victoria. The obligations imposed by these Regulations are primarily administrative and procedural. They require the updating of the Schedule to the Act to accurately reflect the recognised local Aboriginal communities in Victoria. This includes ensuring that all organisations that meet the criteria specified in the Act are included in the Schedule. The Regulations mandate that the Schedule be amended to add the Yorta Yorta Murray Goulburn Rivers Clans Incorporated, thereby fulfilling the legal requirement to recognise this community as a local Aboriginal community. The amendments also necessitate the publication of these changes in the Gazette to ensure transparency and legal effect. Breaches of the requirements set forth in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and its Regulations can lead to various civil and criminal consequences. While the specific provisions regarding offences and penalties are not detailed in the explanatory statement, the Act and Regulations are likely to impose sanctions for non-compliance. This could include fines, imprisonment, or other penalties as specified in the Act. The maximum penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act. It is essential for parties and entities governed by the Act to adhere to these Regulations to avoid potential legal repercussions.