EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 225
Subject: | Aboriginal Councils and Associations Act 1976 |
| Aboriginal Councils and Associations Regulations (Amendment) |
Section 82 of the Aboriginal Councils and Associations Act 1976 (the Act) provides that the Governor-General may make Regulations, not inconsistent with the Act, prescribing all 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, and, in particular, in sub-section 82(i), prescribe the fees to be paid on the making, giving, publishing, issuing, filing or inspecting of any document under this Act or the regulations.
Schedule 3 of the Aboriginal Councils and Associations Regulations currently specifies the fees to be charged for various services under the Act, including payment of a fee of $20.00 for issuing a Certificate of Incorporation pursuant to paragraph 45(1)(a) of the Act and payment of a $2.00 fee for filing any document with the Registrar.
The revised Schedule 3 to the Regulations embodies the changes to the fees. These changes are an increase of the fee for issuing a Certificate of Incorporation pursuant to paragraph 45(1)(a) of the Act to $50.00 and complete deletion from the Schedule of the payment of a fee for filing a document with the Registrar.
Details of the proposed Regulations are as follows:
Regulation 1 provides that the Regulations shall come into operation on 1 October 1984.
Regulation 2 repeals existing Schedule 3 and replaces it with a new Schedule that specifies the new fees.
Overview
The Aboriginal Councils and Associations Act 1976 was enacted to provide a legal framework for the recognition, support, and administration of Aboriginal councils and associations in Australia. This Act was introduced to address the need for a structured approach to recognising and supporting Aboriginal self-governance and community organisations. Enacted by the Commonwealth Parliament, the policy objective of the Act is to facilitate the formal recognition of Aboriginal councils and associations, ensuring they have the necessary legal standing and resources to operate effectively. The accompanying Aboriginal Councils and Associations Regulations (Amendment) Statutory Rules 1984, specifically Schedule 3, revise the fees associated with services under the Act, such as increasing the fee for issuing a Certificate of Incorporation from $20.00 to $50.00, and removing the fee for filing documents with the Registrar. These amendments are set to come into operation on 1 October 1984, aligning with the overarching goal of the Act to support and empower Aboriginal councils and associations.
Scope and Application
The Aboriginal Councils and Associations Act 1976 applies to Aboriginal councils and associations within Australia, providing a legislative framework for their establishment, operation, and regulation. This Act covers the governance and management of these councils and associations, including their legal status, decision-making processes, and financial management. It extends to the Commonwealth, state, and territory jurisdictions, ensuring a consistent approach across Australia. The Act's reach includes the imposition of fees for various services, such as the issuance of a Certificate of Incorporation and the filing of documents with the Registrar, as outlined in the Aboriginal Councils and Associations Regulations. The Act's application is further extended and refined through subordinate instruments, which detail specific fees and procedures. Notably, the Act does not specify exclusions or exemptions, applying uniformly to all Aboriginal councils and associations within its purview. The amendments to the fees, as detailed in the Explanatory Statement, reflect the changes to the fees for services rendered under the Act, effective from 1 October 1984.
Key Provisions
The Aboriginal Councils and Associations Act 1976 (the Act) contains provisions that allow for the creation and operation of Aboriginal councils and associations in Australia. Section 82(i) of the Act specifically empowers the Governor-General to make regulations concerning fees payable for various services under the Act, including the issuance of a Certificate of Incorporation and the filing of documents with the Registrar. In the case of the amended regulations, the fee for issuing a Certificate of Incorporation pursuant to section 45(1)(a) has been increased from $20.00 to $50.00, while the fee for filing any document with the Registrar has been entirely removed.
The amended regulations impose new financial obligations on Aboriginal councils and associations seeking to incorporate or maintain their registration under the Act. Specifically, they must now pay a higher fee for the issuance of a Certificate of Incorporation. Furthermore, these entities are no longer required to pay a fee for filing documents with the Registrar, effectively removing a financial barrier to complying with their administrative requirements.
There are no explicit provisions in the Explanatory Statement that outline specific offences, penalties, or consequences for breach of the amended regulations. However, it is reasonable to assume that failure to comply with the new fee structure could result in administrative penalties or legal action under the Act or other relevant legislation. While the exact nature of these consequences is not detailed in the Explanatory Statement, they could include fines, legal action, or other measures to enforce compliance with the amended regulations.
Overall, the amended regulations aim to streamline the administrative processes for Aboriginal councils and associations while also adjusting the financial requirements associated with these processes. By increasing the fee for issuing a Certificate of Incorporation and removing the fee for filing documents with the Registrar, the regulations seek to balance the need for efficient administration with the need to support the operation of these important community organisations.