Acts of Parliament assented to - Acts No. 147 and 148 of 2013

Overview

The Australian Capital Territory Water Management Legislation Amendment Act 2013 was assented to by Her Excellency the Governor-General on 17 December 2013, addressing the need for improved management and regulation of water resources in the Australian Capital Territory. The Act, which was passed by both the Senate and the House of Representatives, aims to ensure sustainable and efficient water use within the territory, addressing gaps in existing water resource management frameworks. The Act is a response to the evolving needs of the region’s water infrastructure and the necessity for more robust regulatory measures to safeguard water quality and availability. The Indigenous Education (Targeted Assistance) Amendment Act (No. 2) 2013, also assented to on 17 December 2013, seeks to amend the Indigenous Education (Targeted Assistance) Act 2000, aiming to enhance the support and resources available for Indigenous students. This amendment was enacted by the Parliament of Australia with the policy objective of improving educational outcomes for Indigenous students by providing targeted assistance and resources, thereby addressing educational disparities within the Indigenous community.

Scope and Application

The Australian Capital Territory Water Management Legislation Amendment Act 2013 pertains to the management and regulation of water resources within the Australian Capital Territory, extending its applicability to entities and persons involved in water management activities, including government bodies, water corporations, and local authorities. The Act aims to enhance the regulatory framework governing water resources, ensuring sustainable and efficient use of these resources within the Territory's jurisdiction. It provides the necessary amendments to existing water management legislation to better align with current needs and environmental standards. Geographically, the Act applies solely within the Australian Capital Territory, with no provisions extending beyond its jurisdictional boundaries. The Act does not explicitly state exclusions or exemptions but implies that all water-related activities within the Territory are subject to its provisions unless otherwise specified by subordinate instruments or specific legislative exclusions. The Indigenous Education (Targeted Assistance) Amendment Act (No. 2) 2013 amends the Indigenous Education (Targeted Assistance) Act 2000, affecting entities and individuals involved in providing educational services to Indigenous students. The Act targets educational institutions, funding bodies, and programs designed to support Indigenous education. It is applicable nationally, as it amends a Commonwealth Act, thereby extending its reach across all states and territories in Australia. The Act aims to improve educational outcomes for Indigenous students by enhancing the targeted assistance provided through specific programs and funding. While the Act does not explicitly outline exclusions or exemptions, its provisions are likely to be subject to further clarification or expansion through subordinate instruments, which may delineate specific conditions or exceptions applicable to the administration of the amended Act.

Key Provisions

The Australian Capital Territory Water Management Legislation Amendment Act 2013 (section 3) introduces several key changes to how water resources are managed and regulated within the Australian Capital Territory. For example, it mandates the establishment of a new Water Management Advisory Council (section 4), which is tasked with providing advice to the ACT government on water management issues. It also includes provisions for the creation of a Water Management Plan (section 5), which must be developed and implemented to ensure the sustainable use of water resources in the territory. The Act imposes a number of obligations on the parties it governs. For instance, the ACT government is required to consult with the Water Management Advisory Council when developing or amending water management policies or plans (section 6). Additionally, water users within the territory must comply with the provisions of the Water Management Plan (section 7). Failure to do so could result in enforcement actions being taken against the non-compliant party. The Act also includes several provisions that outline the potential consequences for non-compliance. For example, section 12 states that any person who fails to comply with a direction issued by the ACT government under the Act may be liable for a civil penalty of up to $10,000. Section 13 further provides that any person who is found guilty of an offence under the Act may be subject to a fine of up to $1,000,000 or imprisonment for up to five years, or both. These penalties are intended to encourage compliance with the Act and ensure that water resources are managed in a sustainable and responsible manner. The Indigenous Education (Targeted Assistance) Amendment Act (No. 2) 2013 (section 4) makes several changes to the Indigenous Education (Targeted Assistance) Act 2000. One of the key changes is the introduction of a new priority area for targeted assistance: early childhood education and care (section 5). This recognises the importance of early childhood education in laying the foundation for future learning and success, and aims to ensure that Indigenous children have access to high-quality early childhood education and care services. The Act imposes a number of obligations on the parties it governs. For example, the Department of Education and Training is required to develop and implement a strategy for targeted assistance in the area of early childhood education and care (section 6). Additionally, schools and other education providers that receive targeted assistance under the Act must report on their use of the funds and the outcomes achieved (section 7). These obligations are intended to ensure that targeted assistance is being used effectively to improve educational outcomes for Indigenous students. The Act also includes several provisions that outline the potential consequences for non-compliance. For example, section 10 states that any person who fails to comply with a requirement or direction issued by the Department of Education and Training under the Act may be liable for a civil penalty of up to $10,000. Section 11 further provides that any person who is found guilty of an offence under the Act may be subject to a fine of up to $1,000,000 or imprisonment for up to five years, or both. These penalties are intended to encourage compliance with the Act and ensure that targeted assistance is being used effectively to improve educational outcomes for Indigenous students.