Australian Heritage Commission Amendment Act 1976

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AUSTRALIAN HERITAGE COMMISSION AMENDMENT ACT 1976

No. 135 of 1976

An Act to amend the Australian Heritage Commission Act 1975.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: —

Short title and citation.

1. (1) This Act may be cited as the Australian Heritage Commission Amendment Act 1976.

(2) The Australian Heritage Commission Act 1975 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Australian Heritage Commission Act 1975-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1), before the definition of “Australia”, the following definition:—

“‘Aboriginals’ means persons who are—

(a) members of the Aboriginal race of Australia; or

(b) members of the race to which Torres Strait Islanders belong;”; and

(b) by omitting from sub-section (1) the definition of “representative Commissioner” and substituting the following definition:—

“‘representative Commissioner’ means a Commissioner whose appointment is authorized by sub-section 12(1a);”.

Functions of Commission.

4. Section 7 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:—

“(a) to furnish advice to the Minister, either of its own motion or upon request made to it by the Minister, on matters relating to the national estate, including advice relating to action to conserve, improve and present the national estate;”.

Consultation by Commission.

5. Section 8 of the Principal Act is amended—

(a) by inserting, after the word “authorities” (first occurring), the words “of the Commonwealth and”; and

(b) by adding at the end thereof the words “and, in particular, without limiting the generality of the foregoing, shall consult with the Director of National Parks and Wildlife in relation to any matter that concerns the establishment or management of a park or reserve under the National Parks and Wildlife Conservation Act 1975”.

Membership of Commission.

6. (1) Section 12 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:—

“(1) The Commission shall consist of—

(a) the Chairman; and

(b) not fewer than 4 nor more than 6 other Commissioners.

“(1a) A person who is the Permanent Head of a Department or the Chairman of an authority of the Commonwealth may be appointed as a Commissioner, but not more than 2 such persons shall hold office as Commissioners at the one time.”;


(b) by omitting from sub-section (5) the words “in paragraph (1)(c)” and substituting the words “in paragraph (1)(b), other than representative Commissioners”;

(c) by omitting from paragraph (a) of sub-section (5) the words “in the several States and in the Northern Territory” and substituting the words “in different parts of Australia”; and

(d) by omitting sub-section (6).

(2) The person who was, immediately before the commencement of this Act, the Chairman of the Commission continues to be the Chairman of the Commission as if he had been appointed as the Chairman under the Principal Act as amended by this Act and holds office, subject to the Principal Act as amended by this Act, for the remainder of the period of his appointment under the Principal Act.

(3) A person who held office as a Commissioner other than the Chairman immediately before the commencement of this Act continues to hold office as a Commissioner as if he had been appointed as a Commissioner under the Principal Act as amended by this Act and, if he was appointed for a specified period, holds office, subject to the Principal Act as amended by this Act, for the remainder of the period of his appointment under the Principal Act.

Entry of place in Register.

7. Section 23 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(5) The Commission shall not take any action under this section in relation to a place for reasons relating only to the association of the place with the history, culture or beliefs of Aboriginals unless—

(a) the place is a site specially protected under a law of a State or Territory by reason of its association with the history, culture or beliefs of Aboriginals; or

(b) the action is taken in accordance with a direction of the Minister under section 25 or the recommendation of a person or organization approved by the Minister for the purposes of this sub-section.”.

Staff of Commission.

8. Section 32 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-section:—

“(2) The use of the services of the Staff of the Commission by Commissioners is subject to the control of the Chairman.”.

Committees.

9. Section 45 of the Principal Act is amended by inserting in sub-section (1), after the word “may”, the words “, with the approval of the Minister,”.

Formal amendments.

10. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 10

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the word “Australia” (wherever occurring) and substituting the words “the Commonwealth”:—

Section 3(1) (definition of “authority of Australia”), 9, 12(3), (7), (8) and (9), 17(2), 30, 33 and 42.

2. Section 5 of the Principal Act is amended by omitting the words “, other than Papua New Guinea”.

3. Section 33 of the Principal Act is amended by omitting the word “Australian” and substituting the word “Commonwealth”.

 

Overview

The Australian Heritage Commission Amendment Act 1976 (Act No. 135 of 1976) was enacted to make amendments to the Australian Heritage Commission Act 1975, thereby addressing certain issues and enhancing the functions and scope of the Australian Heritage Commission. Enacted by the Parliament of the Commonwealth of Australia, the Act aims to provide a more structured and comprehensive framework for the preservation and management of Australia’s national heritage. This includes the expansion of the Commission's advisory role to the Minister, the incorporation of broader consultation requirements, and adjustments to the membership and operational protocols of the Commission to ensure more effective heritage conservation and management.

Scope and Application

The Australian Heritage Commission Amendment Act 1976 amends the Australian Heritage Commission Act 1975 to update the functions and operations of the Australian Heritage Commission. The Act applies to the Commission itself, its members, and its staff, as well as any persons or entities that the Commission interacts with in the course of its operations. The scope of the Act is national, applying throughout the Commonwealth of Australia. The Act does not explicitly state any exclusions or exemptions but implies that certain actions regarding Aboriginal heritage sites require ministerial direction or approval. The Act also extends its application through the creation of subordinate instruments such as regulations and directions from the Minister. The changes introduced by this amendment aim to refine the Commission’s advisory role, enhance consultation practices, and streamline the composition and functions of the Commission, ensuring it operates efficiently within the national framework.

Key Provisions

The Australian Heritage Commission Amendment Act 1976 (the Act) amends the Australian Heritage Commission Act 1975 (the Principal Act). The Act introduces several changes to the functions, structure, and operations of the Australian Heritage Commission (the Commission). Under section 4, the primary function of the Commission is amended to focus on providing advice to the Minister concerning the national estate, which includes advice on the conservation, improvement, and presentation of the estate. This change is significant as it narrows the Commission's role to one of advisory rather than a broader set of functions. Section 5 further mandates that the Commission consult with the Director of National Parks and Wildlife on matters concerning the establishment or management of parks or reserves. This amendment underscores the importance of collaboration with other governmental bodies in heritage and environmental management. The Act imposes several obligations on the Commission and its members. For instance, section 6 redefines the composition of the Commission, limiting the number of Commissioners to between four and six, including the Chairman. It also specifies that not more than two Commissioners can be the Permanent Head of a Department or the Chairman of a Commonwealth authority. This restructuring aims to ensure a balanced representation and expertise within the Commission. Furthermore, section 7 mandates that the Commission must consider the history, culture, and beliefs of Aboriginals when taking action regarding places associated with them, but only if such places are specially protected under state or territory laws or if the action aligns with a direction from the Minister or a recommendation from an approved person or organisation. This requirement ensures that Aboriginal heritage is given due consideration and respect in the Commission’s activities. Breaches of the provisions outlined in the Act may lead to various consequences. While the Act does not explicitly detail specific offences or penalties, non-compliance with the Minister's directions or recommendations, especially regarding Aboriginal heritage, could potentially lead to legal challenges or administrative actions. Additionally, failure to consult appropriately with relevant authorities, as mandated by section 5, might result in the Commission's advice being deemed incomplete or inadequate. Such shortcomings could undermine the effectiveness of the Commission's role and impact the conservation and management of the national estate.

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Environmental Law
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Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.