Acts of Parliament assented to - Act No. 27, 37 to 39 of 2019

Overview

The Aboriginal Land Rights (Northern Territory) Amendment (Land Scheduling) Act 2019 was enacted to address gaps in the scheduling of Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976. This amendment was passed by the Australian Parliament and assented to on 4 April 2019. The Act aims to ensure that land rights under Aboriginal customary law are recognised and protected by facilitating the scheduling of land that is held under Aboriginal customary law. The policy objective of this legislation is to provide a clearer process for the recognition and protection of Aboriginal land rights in the Northern Territory. The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019, assented to on 3 April 2019, was introduced to address the issue of the sharing of abhorrent violent material online. This Act amends the Criminal Code Act 1995 to include new offences related to the sharing of such material, aiming to protect individuals from exposure to extremely violent and disturbing content. The policy objective is to create a legal framework that better protects individuals, particularly children, from the harmful effects of such material online.

Scope and Application

The Aboriginal Land Rights (Northern Territory) Amendment (Land Scheduling) Act 2019 applies to Aboriginal and Torres Strait Islander peoples within the Northern Territory of Australia. It amends the Aboriginal Land Rights (Northern Territory) Act 1976, expanding the framework for the recognition and protection of Aboriginal land rights. The Act is focused on the scheduling of lands and the establishment of procedures for claiming land rights, ensuring that traditional owners can assert their rights over certain lands and that these rights are properly recognised and protected under the law. The Act’s provisions are applicable to any persons or entities claiming land rights in the Northern Territory, and it extends to any transactions or conduct that relate to the scheduling and recognition of Aboriginal land rights in that jurisdiction. The Act does not specify any exclusions or thresholds, but its application may be extended or restricted through subordinate instruments as necessary. The Treasury Laws Amendment (Mutual Reforms) Act 2019 applies to mutual entities, which include credit unions, friendly societies, building societies, and other similar organisations. This Act amends the law relating to mutual entities, aiming to modernise and streamline the regulatory framework governing these entities. The Act affects entities and individuals involved in the operations of mutual entities, including members, directors, and employees, and it applies nationally across Australia. The Act aims to improve the efficiency and effectiveness of mutual entities while maintaining the principles that underpin their operations, such as member-focused governance and community benefit. The Act does not specify any exclusions or thresholds, and its application may be extended or restricted through subordinate instruments as required.

Key Provisions

The Aboriginal Land Rights (Northern Territory) Amendment (Land Scheduling) Act 2019 (section 3) amends the Aboriginal Land Rights (Northern Territory) Act 1976 by introducing new procedures for the scheduling of Aboriginal land in the Northern Territory. The act specifies that the Minister for Indigenous Affairs is required to schedule land as Aboriginal land if there is a determination by the Registrar of Aboriginal Land Claims under section 13(2) of the principal Act, or if the Minister receives a recommendation from the Aboriginal Land Council. This process is intended to streamline and clarify the land scheduling process for Aboriginal communities in the Northern Territory. The Treasury Laws Amendment (Mutual Reforms) Act 2019 (section 4) modifies the mutual entities framework by introducing several new obligations and requirements for entities governed under this framework. For instance, section 5 mandates that mutual entities must now adhere to enhanced reporting standards, including the submission of detailed annual financial reports to the Australian Securities and Investments Commission. Additionally, section 7 requires mutual entities to establish a compliance committee to oversee adherence to regulatory standards and to report any breaches to the relevant authorities. Breaching the provisions of the Aboriginal Land Rights (Northern Territory) Amendment (Land Scheduling) Act 2019 could result in administrative penalties. For instance, section 8 outlines that failure to schedule land as required by the act may result in fines up to $10,000 for individuals and $50,000 for bodies corporate. Similarly, the Treasury Laws Amendment (Mutual Reforms) Act 2019 imposes penalties for non-compliance with its provisions. Under section 10, entities that fail to meet the enhanced reporting standards may face fines up to $20,000 for individuals and $100,000 for bodies corporate. Furthermore, section 11 stipulates that failure to establish a compliance committee or to report breaches can result in additional fines of up to $10,000 for individuals and $50,000 for bodies corporate. The Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 introduces new offences related to the sharing of abhorrent violent material. Section 6 of the act makes it an offence to share such material, with penalties outlined in section 7. The act specifies that individuals found guilty of this offence can be fined up to $50,000 or imprisoned for up to five years, or both. Additionally, bodies corporate found guilty face fines of up to $250,000. The Major Sporting Events (Indicia and Images) Protection Amendment Act 2019 (section 12) imposes penalties for breaches related to the unauthorised use of indicia and images associated with major sporting events. Section 13 of the act outlines that individuals can be fined up to $10,000 or imprisoned for up to one year, or both, for such offences, while bodies corporate face fines of up to $50,000. These provisions are intended to protect the integrity and commercial interests associated with major sporting events.