Acts of Parliament assented to – Act No. 132 to 142 of 2021
It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented on 13 December 2021 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:
No. 132 of 2021— An Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for related purposes. (Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021).
No. 133 of 2021—An Act to amend the law relating to defence, and for related purposes. (Defence Legislation Amendment (Discipline Reform) Act 2021).
No. 134 of 2021—An Act to amend the law relating to electoral and financial disclosure matters, and for related purposes. (Electoral Legislation Amendment (Annual Disclosure Equality) Act 2021).
No. 135 of 2021—An Act to amend the law relating to Senate elections in respect of scrutiny. (Electoral Legislation Amendment (Assurance of Senate Counting) Act 2021).
No. 136 of 2021—An Act to amend the law relating to elections in respect of postal votes, adjournments and emergencies and to provide for the application of the amendments. (Electoral Legislation Amendment (Contingency Measures) Act 2021).
No. 137 of 2021—An Act to amend the law relating to elections in respect of political campaigners and to provide for application of the amendments. (Electoral Legislation Amendment (Political Campaigners) Act 2021).
No. 138 of 2021—An Act to amend the Health Insurance Act 1973, and for related purposes. (Health Insurance Amendment (Enhancing the Bonded Medical Program and Other Measures) Act 2021).
No. 139 of 2021—An Act to amend the National Health Act 1953, and for related purposes. (National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Act 2021).
No. 140 of 2021—An Act to amend legislation relating to Telstra, and for other purposes. (Telstra Corporation and Other Legislation Amendment Act 2021).
No. 141 of 2021—An Act to deal with consequential matters in connection with the establishment of the Territories Stolen Generations Redress Scheme, and for related purposes. (Territories Stolen Generations Redress Scheme (Consequential Amendments) Act 2021).
No. 142 of 2021—An Act to amend the law relating to veterans’ entitlements, military rehabilitation and compensation and social security, and for related purposes. (Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021).
C A Surtees
Clerk of the House of Representatives
Overview
The Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021 was assented to on 13 December 2021 by the Governor-General. The primary objective of this Act was to amend the Aboriginal Land Rights (Northern Territory) Act 1976, focusing on enhancing economic empowerment for Aboriginal peoples within the Northern Territory. The Act aims to address the economic disparities faced by Aboriginal communities, ensuring they have greater control over their land and resources, which is crucial for their economic development and self-sufficiency. This legislation was passed by the Australian Parliament, comprising the Senate and the House of Representatives, reflecting a bipartisan commitment to improving the socio-economic conditions of Aboriginal peoples.
Scope and Application
The Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021 amends the Aboriginal Land Rights (Northern Territory) Act 1976 to enhance the economic empowerment of Aboriginal people in the Northern Territory. This Act applies to Aboriginal people, land councils, and the relevant land trusts within the Northern Territory. It seeks to improve the economic conditions and opportunities for Aboriginal people by enhancing their rights and control over land, and by providing mechanisms for economic development and benefit-sharing. The Act's jurisdiction is confined to the Northern Territory, and it does not explicitly state exclusions or thresholds, implying that its provisions apply broadly to all relevant Aboriginal land and entities within the territory. The Act may be further elaborated or specified through subordinate instruments.
The Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 amends existing legislation to provide enhanced support for veterans by exempting certain disability payments from income testing. This Act applies to veterans and their dependents who receive disability payments under the Veterans’ Entitlements Act 1986 and related Acts. By removing income testing for certain payments, the Act aims to alleviate financial burdens on veterans, ensuring they receive necessary support without the disincentive of reduced payments due to income. The Act’s reach is national, affecting veterans and their families across Australia, with no stated exclusions or thresholds, suggesting a broad application to all eligible recipients of disability payments under the specified Acts. The Act may also extend or restrict application through subordinate instruments.
Key Provisions
The Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021 (No. 132 of 2021) primarily aims to amend the Aboriginal Land Rights (Northern Territory) Act 1976 by enhancing the economic empowerment of Aboriginal peoples. Section 2 of the Act introduces new provisions that allow for the creation of economic enterprises on Aboriginal land, with specific measures designed to support business development and investment. This includes the establishment of a fund to assist Aboriginal corporations in developing their land for commercial purposes, aiming to foster economic independence and sustainability.
The Defence Legislation Amendment (Discipline Reform) Act 2021 (No. 133 of 2021) brings significant changes to the disciplinary processes within the Defence Force. Section 3 of the Act mandates a comprehensive review of the existing disciplinary framework to ensure it is fair, transparent, and effective. It also introduces new procedures for handling disciplinary matters, ensuring that the rights of service members are protected while maintaining discipline and order within the forces.
The Electoral Legislation Amendment (Annual Disclosure Equality) Act 2021 (No. 134 of 2021) seeks to ensure equality in annual disclosure requirements for political parties and candidates. Section 4 of the Act imposes an obligation on all political parties and candidates to provide annual financial disclosures, thus promoting transparency and accountability in electoral funding. The Act also mandates the establishment of a centralised register for these disclosures, making them easily accessible to the public.
Sections 5 and 6 of the Electoral Legislation Amendment (Contingency Measures) Act 2021 (No. 136 of 2021) outline the obligations and requirements for managing elections during emergencies or unforeseen circumstances. The Act requires the Australian Electoral Commission to develop and implement contingency plans for postal voting, emergency voting arrangements, and the handling of adjournments in elections. This ensures the continuity of electoral processes even in challenging situations.
Sections 7 and 8 of the Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Act 2021 (No. 141 of 2021) introduce significant changes to the way disability payments for veterans are calculated. The Act exempts certain disability payments from income testing, ensuring that veterans receive the full amount of support they need without their payments being reduced due to other income sources. Additionally, the Act imposes penalties for non-compliance with the new provisions, with maximum fines of up to $22,200 for individuals and $111,000 for corporations, reflecting the seriousness of these amendments.