EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 220
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Aboriginal and Torres Strait Islander Act 2005
ATSIC (Regional Councils—Election of Officeholders) Repeal Regulation 2012
Subsection 201(1) of the Aboriginal and Torres Strait Islander Act 2005 (the Act) provides that the Governor‑General may make regulations prescribing 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.
The Regulation repeals the following Regulations because they are redundant:
- ATSIC (Regional Councils—Election of Officeholders) Regulations (Statutory Rules (SR) 1993 No. 379);
- ATSIC (Regional Councils—Election of Officeholders) Regulations (Amendment) (SR 1994 No. 390);
- ATSIC (Regional Councils—Election of Officeholders) Regulations (Amendment) (SR 1996 No. 247);
- ATSIC (Regional Councils—Election of Officeholders) Amendment Regulations 1999 (No. 1) (SR 1999 No. 181); and
- ATSIC (Regional Councils—Election of Officeholders) Amendment Regulations 2002 (No. 1) (SR 2002 No. 275);
The Regulations specified above comprise what is known as the ATSIC (Regional Councils—Election of Officeholders) Regulations 1993 (the Principal Regulations).
In February 2009, the Updated Economic and Fiscal Outlook announced that the Government would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) “… to document those regulations which impose net costs on business, and identify the scope to improve regulatory efficiency”. The Department of Finance and Deregulation (Finance) was tasked with the responsibility of co-ordinating the Review on the Government’s behalf. A Pre‑2008 Review of Subordinate Legislation Final Report (Final Report) was completed for each portfolio and agreed between the Minister Assisting on Deregulation and each Portfolio Minister. Responsibility for actioning the recommendations of each report resides with individual Ministers.
The Review identified in relation to the then Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) portfolio 10 ‘in-scope’ policy clusters, that included background information, relevant review history and Finance’s recommendations. Policy cluster 1 dealt with Aboriginal and Torres Strait Islander Commission Regulations.
Finance recommended in the Final Report that FaHCSIA take action to repeal the regulations in cluster 1 (twelve in total) because they serve no further purpose because the Aboriginal and Torres Strait Islander Commission (ATSIC) was abolished with effect from 24 March 2005.
The Principal Regulations are currently enabled by the Act which was previously known as the Aboriginal and Torres Strait Islander Commission Act 1989.
The Act does not impose any conditions that need to be satisfied before the power to make the Regulation may be exercised.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on the day after registration on the Federal Register of Legislative Instruments.
The Regulation expires at the end of the day it commences.
Consultation
Consultation was considered unnecessary because the Regulation is repealing the redundant Principal Regulations and is therefore of a minor or machinery nature and does not substantially alter existing arrangements (see paragraph 18(2)(a) of the Legislative Instruments Act 2003).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Legislative Instrument
The Regulation repeals the Principal Regulations because they are redundant and do not need to be retained as current subordinate regulation on the Federal Register of Legislative Instruments.
The Principal Regulations were identified as being redundant on the basis that ATSIC was abolished with effect from 24 March 2005.
Human rights implications
The Regulation does not engage any of the applicable rights or freedoms.
Conclusion
The Regulation is compatible with human rights.
The Hon Jenny Macklin MP, Minister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform
Overview
The Aboriginal and Torres Strait Islander Act 2005 was enacted to provide a framework for the recognition of Aboriginal and Torres Strait Islander peoples and to facilitate their participation in decision-making processes that affect them. The Act was introduced by the Parliament of Australia to address the need for a streamlined and effective legislative structure to replace the abolished Aboriginal and Torres Strait Islander Commission (ATSIC). The policy objective of the Act is to ensure that Indigenous Australians have the opportunity to participate in the governance and decision-making processes that impact their communities, while also recognising their unique cultural heritage and rights. The Act provides for the establishment of a new Indigenous representative body, the Indigenous Advisory Council, to replace ATSIC and to continue to advocate for the interests of Aboriginal and Torres Strait Islander peoples.
The ATSIC (Regional Councils—Election of Officeholders) Repeal Regulation 2012, issued under the authority of the Minister for Families, Community Services and Indigenous Affairs, repeals several regulations that were previously in place to govern the election of officeholders for ATSIC’s regional councils. These regulations are considered redundant following the abolition of ATSIC and the establishment of the Indigenous Advisory Council under the Act. The repeal regulation is a minor legislative instrument that does not substantially alter existing arrangements, and therefore consultation was deemed unnecessary. The regulation is compatible with human rights as it does not engage any of the applicable rights or freedoms outlined in the relevant international instruments.
Scope and Application
The Aboriginal and Torres Strait Islander Act 2005 applies to various matters concerning the recognition, rights, and welfare of Aboriginal and Torres Strait Islander peoples within Australia. The Act provides a framework for the administration and governance of Indigenous affairs at the national level, ensuring that the interests and rights of Indigenous Australians are considered in various policies and legislative instruments. The Act encompasses a broad range of issues, including land rights, cultural heritage, and the representation of Indigenous peoples. The Regulation, which repeals the ATSIC (Regional Councils—Election of Officeholders) Regulations, applies to the Commonwealth of Australia, impacting any relevant entities, individuals, or processes associated with the election of officeholders within the now-defunct Aboriginal and Torres Strait Islander Commission (ATSIC). Given that ATSIC was abolished on 24 March 2005, these regulations have become redundant. The Regulation itself is a minor legislative instrument, which does not require consultation as it merely repeals existing redundant regulations, thereby streamlining the legislative framework and ensuring that no unnecessary regulations remain in effect.
Key Provisions
The Aboriginal and Torres Strait Islander Act 2005 (the Act) authorises the Governor-General to make regulations necessary for carrying out or giving effect to the Act (subsection 201(1)). Pursuant to this authority, the ATSIC (Regional Councils—Election of Officeholders) Repeal Regulation 2012 (the Regulation) repeals several regulations that have become redundant following the abolition of the Aboriginal and Torres Strait Islander Commission (ATSIC) on 24 March 2005. Specifically, the Regulation repeals the ATSIC (Regional Councils—Election of Officeholders) Regulations (SR 1993 No. 379), ATSIC (Regional Councils—Election of Officeholders) Regulations (Amendment) (SR 1994 No. 390), ATSIC (Regional Councils—Election of Officeholders) Regulations (Amendment) (SR 1996 No. 247), ATSIC (Regional Councils—Election of Officeholders) Amendment Regulations 1999 (No. 1) (SR 1999 No. 181), and ATSIC (Regional Councils—Election of Officeholders) Amendment Regulations 2002 (No. 1) (SR 2002 No. 275). These regulations collectively form the ATSIC (Regional Councils—Election of Officeholders) Regulations 1993 (the Principal Regulations), which were previously enabled by the Aboriginal and Torres Strait Islander Commission Act 1989.
The Regulation imposes no new obligations or requirements on any party or entity. Its purpose is solely to repeal redundant regulations, ensuring that the Federal Register of Legislative Instruments reflects current legislative requirements. This repeal simplifies the regulatory framework by removing outdated and unnecessary regulations, thus aligning the law with the current administrative structure following the abolition of ATSIC.
There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the Regulation itself, as its primary function is the repeal of redundant regulations. However, any breach of the regulations previously repealed by this Regulation would no longer be applicable, as the Regulation has effectively nullified those regulations. The repeal ensures that the current legal framework is streamlined and free from obsolete requirements.