Indigenous Affairs Legislation Amendment Act (No. 2) 2011

Administered by Department of the Prime Minister and Cabinet

Legislation au C2011A00188 In force Act

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Indigenous Affairs Legislation Amendment Act (No. 2) 2011

 

No. 188, 2011

 

 

 

 

 

An Act to amend the law relating to Indigenous affairs, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments relating to the Aboriginal and Torres Strait Islander Act 2005

Part 1—Chief Executive Officers

Aboriginal and Torres Strait Islander Act 2005

Aboriginal Land Rights (Northern Territory) Act 1976

Part 2—Secrecy provision

Aboriginal and Torres Strait Islander Act 2005

Part 3—Aboriginal Hostels Limited

Aboriginal and Torres Strait Islander Act 2005

 

 

 

Indigenous Affairs Legislation Amendment Act (No. 2) 2011

No. 188, 2011

 

 

 

An Act to amend the law relating to Indigenous affairs, and for related purposes

[Assented to 7 December 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Indigenous Affairs Legislation Amendment Act (No. 2) 2011.

2  Commencement

  This Act commences on the day after this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments relating to the Aboriginal and Torres Strait Islander Act 2005

Part 1—Chief Executive Officers

Aboriginal and Torres Strait Islander Act 2005

1  Subsection 4(1)

Insert:

Indigenous Business Australia Chief Executive Officer means the Chief Executive Officer of Indigenous Business Australia referred to in section 168.

2  Subsection 4(1) (definition of Indigenous Business Australia General Manager)

Repeal the definition.

3  Subsection 4(1)

Insert:

Indigenous Land Corporation Chief Executive Officer means the Chief Executive Officer of the Indigenous Land Corporation referred to in section 192K.

4  Subsection 4(1) (definition of Indigenous Land Corporation General Manager)

Repeal the definition.

5  Subsection 4(1)

Insert:

TSRA Chief Executive Officer means the Chief Executive Officer of the TSRA referred to in section 144G.

6  Subsection 4(1) (definition of TSRA General Manager)

Repeal the definition.

7  Subsections 142D(7) and (8)

Omit “General Manager”, substitute “Chief Executive Officer”.

8  Subsections 142K(3) and (4)

Omit “General Manager”, substitute “Chief Executive Officer”.

9  Section 144F (heading)

Repeal the heading, substitute:

144F  Delegation to TSRA Chief Executive Officer or staff member of TSRA

10  Subsection 144F(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

11  Subsection 144F(2) (heading)

Repeal the heading, substitute:

TSRA Chief Executive Officer may sub‑delegate function or power

12  Subsections 144F(2) and (3)

Omit “General Manager”, substitute “Chief Executive Officer”.

13  Division 7 of Part 3A (heading)

Repeal the heading, substitute:

Division 7—TSRA Chief Executive Officer

14  Section 144G (heading)

Repeal the heading, substitute:

144G  TSRA Chief Executive Officer

15  Subsections 144G(1) and (2)

Omit “General Manager”, substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

16  Subsection 144G(3)

Omit “as the TSRA General Manager”, substitute “as the TSRA Chief Executive Officer”.

17  Subsection 144G(3)

Omit “However, this rule does not apply to the first TSRA General Manager.”.

18  Subsections 144G(4) and (5)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

19  Subsection 144H(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

20  Subsection 144H(2)

Repeal the subsection, substitute:

 (2) The period must not be longer than 5 years.

21  Section 144J

Omit “General Manager”, substitute “Chief Executive Officer”.

22  Subsections 144K(1) and (2)

Omit “General Manager”, substitute “Chief Executive Officer”.

23  Section 144L (heading)

Repeal the heading, substitute:

144L  Acting TSRA Chief Executive Officer

24  Section 144L

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

25  Subsections 144M(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

26  Section 144N

Omit “General Manager”, substitute “Chief Executive Officer”.

27  Subsections 144P(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

28  Section 144Q

Omit “General Manager”, substitute “Chief Executive Officer”.

29  Subsection 144R(2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

30  Subsection 144ZD(5)

Omit “General Manager”, substitute “Chief Executive Officer”.

31  Division 6 of Part 4 (heading)

Repeal the heading, substitute:

Division 6—Indigenous Business Australia Chief Executive Officer

32  Section 168 (heading)

Repeal the heading, substitute:

168  Indigenous Business Australia Chief Executive Officer

33  Subsections 168(1), (2) and (3)

Omit “General Manager”, substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

34  Subsection 169(1)

Omit “(1)”.

35  Subsection 169(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

36  Section 170

Omit “General Manager”, substitute “Chief Executive Officer”.

37  Section 171

Omit “General Manager”, substitute “Chief Executive Officer”.

38  Section 172 (heading)

Repeal the heading, substitute:

172  Acting Indigenous Business Australia Chief Executive Officer

39  Section 172

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

40  Subsections 172A(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

41  Section 173

Omit “General Manager”, substitute “Chief Executive Officer”.

42  Section 174

Omit “General Manager”, substitute “Chief Executive Officer”.

43  Subsection 175(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

44  Section 177

Omit “General Manager”, substitute “Chief Executive Officer”.

45  Subsection 178(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

46  Paragraph 182(b)

Omit “General Manager”, substitute “Chief Executive Officer”.

47  Section 190 (heading)

Repeal the heading, substitute:

190  Delegation to Indigenous Business Australia Chief Executive Officer or member of staff

48  Subsections 190(1) and (2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

49  Paragraph 191(1)(b)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

50  Division 8 of Part 4A (heading)

Repeal the heading, substitute:

Division 8—Indigenous Land Corporation Chief Executive Officer

51  Section 192K (heading)

Repeal the heading, substitute:

192K  Indigenous Land Corporation Chief Executive Officer

52  Subsections 192K(1), (2) and (3)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

Note: This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901 provides that the office continues in existence under the new name so that its identity is not affected.

53  Section 192L

Omit “General Manager”, substitute “Chief Executive Officer”.

54  Section 192M

Omit “General Manager”, substitute “Chief Executive Officer”.

55  Section 192N (heading)

Repeal the heading, substitute:

192N  Remuneration and allowances of Indigenous Land Corporation Chief Executive Officer

56  Section 192N

Omit “General Manager”, substitute “Chief Executive Officer”.

57  Section 192P (heading)

Repeal the heading, substitute:

192P  Acting Indigenous Land Corporation Chief Executive Officer

58  Section 192P

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

59  Section 192Q

Omit “General Manager”, substitute “Chief Executive Officer”.

60  Section 192R

Omit “General Manager”, substitute “Chief Executive Officer”.

61  Subsection 192S(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

62  Subsection 192T(2) (heading)

Repeal the heading.

63  Subsection 192T(2)

Omit “(2)”.

64  Subsection 192T(2)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

65  Section 192U

Omit “General Manager”, substitute “Chief Executive Officer”.

66  Subsection 192V(1)

Omit “General Manager”, substitute “Chief Executive Officer”.

67  Subsection 193S(1) (paragraph (b) of the definition of ILC officer)

Omit “General Manager” (wherever occurring), substitute “Chief Executive Officer”.

68  Section 193T (heading)

Repeal the heading, substitute:

193T  Delegation to Indigenous Land Corporation Chief Executive Officer or member of staff

69  Section 193T

Omit “General Manager”, substitute “Chief Executive Officer”.

70  Paragraphs 200(2)(a) and (b)

Omit “General Manager”, substitute “Chief Executive Officer”.

71  Subparagraph 200A(1)(b)(iii)

Omit “General Manager”, substitute “Chief Executive Officer”.

72  Transitional—secrecy provisions

(1) Paragraph 191(1)(b) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:

 (a) a reference in that paragraph to the Indigenous Business Australia Chief Executive Officer included a reference to the Indigenous Business Australia General Manager; and

 (b) a reference in that paragraph to an acting Indigenous Business Australia Chief Executive Officer included a reference to an acting Indigenous Business Australia General Manager.

(2) Paragraph (b) of the definition of ILC officer in subsection 193S(1) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if:

 (a) a reference in that paragraph to the Indigenous Land Corporation Chief Executive Officer included a reference to the Indigenous Land Corporation General Manager; and

 (b) a reference in that paragraph to an acting Indigenous Land Corporation Chief Executive Officer included a reference to an acting Indigenous Land Corporation General Manager.

(3) Subparagraph 200A(1)(b)(iii) of the Aboriginal and Torres Strait Islander Act 2005 applies on and after the commencement of this item as if a reference in that subparagraph to the TSRA Chief Executive Officer included a reference to the TSRA General Manager.

Aboriginal Land Rights (Northern Territory) Act 1976

73  Paragraph 76(1A)(e)

Omit “General Manager”, substitute “Chief Executive Officer”.


Part 2—Secrecy provision

Aboriginal and Torres Strait Islander Act 2005

74  Before subsection 191(2A)

Insert:

Exception—housing or business loans

75  After subsection 191(2A)

Insert:

Exception—Indigenous Business Australia Chief Executive Officer

 (2B) Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may divulge or communicate information, or produce a document, to the Secretary of the Department for the purposes of the Department.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2B): see subsection 13.3(3) of the Criminal Code.

 (2C) In exercising a power under subsection (2B), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.

Exception—public interest

 (2D) Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may, if he or she determines in writing that it is necessary in the public interest, divulge or communicate information, or produce a document, to specified persons for specified purposes.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2D): see subsection 13.3(3) of the Criminal Code.

 (2E) In making determinations under subsection (2D), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.

 (2F) A determination under subsection (2D) is not a legislative instrument.

Exception—consent

 (2G) Despite subsection (2), a person may:

 (a) divulge or communicate information to a person authorised in writing, by the person to whose affairs the information relates, to receive the information; or

 (b) produce a document to a person authorised in writing, by the person to whose affairs the document relates, to receive the document.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2G): see subsection 13.3(3) of the Criminal Code.

Exception—information already publicly available

 (2H) Despite subsection (2), a person may:

 (a) make a record of information, if the information is already publicly available; or

 (b) divulge or communicate information to a person, if the information is already publicly available; or

 (c) produce a document to a person, if the information contained in the document is already publicly available.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2H): see subsection 13.3(3) of the Criminal Code.

Exception—making records

 (2J) Despite subsection (2), a person may make a record of information in connection with the exercise of a power under subsection (2B), (2D) or (2G).

Note: A defendant bears an evidential burden in relation to the matter in subsection (2J): see subsection 13.3(3) of the Criminal Code.

76  Before subsection 191(3)

Insert:

Divulging or communicating information to courts

77  Before subsection 191(4)

Insert:

Definitions

78  At the end of Division 9 of Part 4

Add:

191AA  Guidelines for exercise of Indigenous Business Australia Chief Executive Officer’s powers

  The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following:

 (a) the Indigenous Business Australia Chief Executive Officer’s power under subsection 191(2B);

 (b) the Indigenous Business Australia Chief Executive Officer’s power to make determinations under subsection 191(2D).


Part 3—Aboriginal Hostels Limited

Aboriginal and Torres Strait Islander Act 2005

79  Subsection 200(6)

Repeal the subsection, substitute:

 (6) For the purposes of the Administrative Decisions (Judicial Review) Act 1977, if Aboriginal Hostels Limited makes a decision relating to an application by an incorporated body for the provision of accommodation for one or more Aboriginal persons or Torres Strait Islanders, the decision is taken to be a decision of an administrative character made under an enactment.

80  Application

The amendment made by this Part applies in relation to decisions made on or after the commencement of this Part.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 17 August 2011

Senate on 14 September 2011]

(149/11)

 

Overview

The Indigenous Affairs Legislation Amendment Act (No. 2) 2011 was enacted by the Parliament of Australia to amend the law relating to Indigenous affairs, particularly addressing the roles and responsibilities within the Aboriginal and Torres Strait Islander Act 2005 and the Aboriginal Land Rights (Northern Territory) Act 1976. The primary aim of this legislation is to streamline administrative processes by updating titles from 'General Manager' to 'Chief Executive Officer' for various roles within Indigenous Business Australia, the Indigenous Land Corporation, and the Torres Strait Regional Authority. This amendment ensures consistency and clarity in the designation of senior officers within these entities. Additionally, the Act introduces specific exceptions to the secrecy provisions within the Aboriginal and Torres Strait Islander Act 2005, allowing for the disclosure of information under certain conditions, such as for housing or business loans, to the Secretary of the Department, in the public interest, or with consent from the relevant individual. The legislation also clarifies the role of the Indigenous Business Australia Chief Executive Officer in making records and communicating information in specified circumstances.

Scope and Application

The Indigenous Affairs Legislation Amendment Act (No. 2) 2011 amends the Aboriginal and Torres Strait Islander Act 2005 and the Aboriginal Land Rights (Northern Territory) Act 1976. This Act applies to the officers and staff of various entities including the Indigenous Business Australia, the Indigenous Land Corporation, and the TSRA. The changes involve replacing references to "General Manager" with "Chief Executive Officer" across various sections of these Acts, ensuring that the continuity of office is maintained as per the Acts Interpretation Act 1901. This Act also extends to introduce exceptions and additional powers for the Indigenous Business Australia Chief Executive Officer regarding the disclosure of information, subject to specific conditions and guidelines. The amendments are applicable on a Commonwealth level, affecting entities and individuals who operate within the scope of these Acts. There are no exclusions, exemptions, or thresholds specified in the text, and the Act itself does not extend or restrict its application through subordinate instruments.

Key Provisions

The main operative sections of the Indigenous Affairs Legislation Amendment Act (No. 2) 2011, particularly in Schedule 1, amend the Aboriginal and Torres Strait Islander Act 2005 by redefining certain roles and responsibilities within the framework of Indigenous affairs. Specifically, the Act replaces the terms "General Manager" with "Chief Executive Officer" for various positions within Indigenous Business Australia, the Indigenous Land Corporation, and the TSRA (Torres Strait Regional Authority). These changes are reflected in sections 1 to 72 of Schedule 1, which involve the insertion and repeal of definitions and headings across various subsections. Additionally, the Act introduces new provisions regarding secrecy, particularly for the Indigenous Business Australia Chief Executive Officer, allowing for specific circumstances under which information may be disclosed. The obligations imposed by this Act primarily focus on the roles and responsibilities of the Chief Executive Officers of Indigenous Business Australia, the Indigenous Land Corporation, and the TSRA. These roles now encompass powers and duties previously held by General Managers, such as the authority to delegate functions, the ability to act in an interim capacity, and the responsibility to adhere to specific guidelines when exercising certain powers. The amendments ensure that these positions are recognized as Chief Executive Officers, thereby maintaining continuity in their duties and responsibilities while updating their titles to reflect current administrative practices. Under the Act, breaches of the secrecy provisions or any other provisions amended by this Act may result in both civil and criminal consequences. While the Act does not explicitly state the penalties for breaches, it references the Criminal Code, indicating that individuals who divulge or communicate information in contravention of the secrecy provisions may face evidential burdens as outlined in subsection 13.3(3) of the Criminal Code. Additionally, any person who makes a record of information in circumstances not permitted by the Act may also face civil or criminal penalties, depending on the specific breach and the relevant jurisdictional laws. The precise penalties would be determined by the courts based on the nature and severity of the breach, in accordance with existing legal frameworks.

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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.