National Native Title Tribunal Regulations (Amendment) 1998 No. 221
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 221
Issued by the Authority of the Attorney-General
Native Title Act 1993
National Native Title Tribunal Regulations (Amendment) 1998
Subsection 215(1) of the Native Title Act 1993 (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
Paragraph 128(4)(b) of the Act provides that the President of the National Native Title Tribunal shall not enter into a contract exceeding $250,000, or such higher amount as is prescribed, without the approval of the Attorney-General.
The purpose of the Regulations is to increase to $1,000,000 the amount above which ministerial approval must be sought before contracts may be entered into by the President of the Tribunal.
The current contract limit of $250,000 is a standard provision which has applied to the courts and tribunals since the grant of self-administration in 1990. Since that time, there has been a significant change in money values. Moreover, since its establishment on 1 January 1994, the National Native Tide Tribunal has acquired considerable experience in managing its own affairs.
Details of the Regulations are as follows:
Regulation 1 provides that the Regulations commence on gazettal.
Regulation 2 provides that the National Native Tide Tribunal Regulations are amended as set out in the Regulations.
Regulation 3 inserts into the National Native Title Tribunal Regulations new regulation 18, which prescribes a higher amount of $1,000,000 for the purposes of paragraph 128A(4)(b) of the Act.
Overview
The National Native Title Tribunal Regulations (Amendment) 1998 No. 221 was enacted to address the need for updating the financial threshold for ministerial approval in contract agreements by the President of the National Native Title Tribunal. This amendment arose due to the significant changes in monetary values since the initial establishment of the tribunal in 1990 and the tribunal's growing experience in managing its affairs. The National Native Title Act 1993 authorised the creation of these regulations, which were issued by the authority of the Attorney-General. The primary policy objective was to align the financial threshold with contemporary economic conditions, thus ensuring that the tribunal can effectively manage its contractual obligations without unnecessary delays in seeking ministerial approval for larger contracts. The regulations increased the approval threshold for contracts from $250,000 to $1,000,000.
Scope and Application
The National Native Title Tribunal Regulations (Amendment) 1998 No. 221 applies to the President of the National Native Title Tribunal, modifying the threshold amount for contracts that require ministerial approval. Under the Native Title Act 1993, the President of the Tribunal is not permitted to enter into a contract exceeding a specified amount without the approval of the Attorney-General. These regulations specifically amend the threshold from $250,000 to $1,000,000, reflecting the significant changes in monetary values since the initial establishment of the Tribunal and the increased need for a higher contract limit to accommodate the Tribunal's expanded responsibilities and experience. The amendment extends across the Commonwealth of Australia, ensuring that the new contract limit applies uniformly nationwide. This amendment does not introduce any exclusions or exemptions, and it operates within the framework set out by the Native Title Act 1993, with the changes coming into effect upon gazettement.
Key Provisions
The main operative sections of the National Native Title Tribunal Regulations (Amendment) 1998 No. 221 pertain primarily to Regulation 3, which introduces a new regulation 18 into the National Native Title Tribunal Regulations ((Reg 3)). This amendment adjusts the financial threshold for requiring ministerial approval on contracts entered into by the President of the Tribunal. Specifically, Regulation 18 stipulates that contracts exceeding $1,000,000 must now be approved by the Attorney-General, effectively replacing the previous limit of $250,000 set out in subsection 128A(4)(b) of the Native Title Act 1993 ((s 128A(4)(b))).
These amendments impose specific obligations on the President of the National Native Title Tribunal. Under the revised regulations, the President is required to seek approval from the Attorney-General before entering into any contract that exceeds the new threshold of $1,000,000. This procedural requirement ensures that there is an additional layer of scrutiny and accountability for significant financial commitments made by the Tribunal. The intent is to maintain fiscal responsibility and transparency in the Tribunal’s operations.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaching the new contract threshold requirement. However, any contract entered into without the necessary ministerial approval could potentially be deemed invalid or unenforceable, leading to legal and financial repercussions. Given the importance of adhering to the statutory requirements, failure to comply could result in significant legal challenges and reputational damage for the Tribunal.