EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Native Title Amendment (Technical Amendments) Act 2007
Proclamation
The Native Title Amendment (Technical Amendments) Act 2007 (the Act) amended the Native Title Act 1993 (the NT Act) to make technical amendments and amend provisions relating to prescribed bodies corporate and native title representative bodies. The amendments are part of a package of reforms to the native title system.
Item 2 of the table in subsection 2(1) of the Act provides that items 1 to 83 of Schedule 1 to the Act commence on a day to be fixed by Proclamation. If any of the provisions do not commence within the period of six months from the day the Act receives the Royal Assent, they commence on the first day after the end of that period. The Act received the Royal Assent on 20 July 2007.
Schedule 1 to the Act makes a series of minor and technical amendments to improve the workability of the NT Act. Most of the amendments will clarify or improve existing provisions of the NT Act, although some provide for new processes. Schedule 4 to the Act makes technical amendments to the NT Act as a consequence of the Legislative Instruments Act 2003. Schedule 5 makes a technical amendment to correct an error in the Native Title Amendment Act 2007 (NTA Act 2007).
Commencement of items 1 to 83 of Schedule 1 to the Act will trigger the commencement of other technical amendments in the Act, including Schedules 4 and 5 and the balance of Schedule 1 (except items 83A to 83C and 91A to 91E of Schedule 1 which commenced the day after the Act received the Royal Assent, and items 90 to 91 of Schedule 1 which commenced immediately after the commencement of Schedule 2 to the NTA Act 2007).
The purpose of the Proclamation is to fix 1 September 2007 as the day on which items 1 to 83 of Schedule 1 to the Act commence. The purpose of the delayed commencement of the technical amendments in the Act is to ensure stakeholders, including the National Native Title Tribunal and the Federal Court of Australia, are aware of, and take into account, the relevant changes. There was extensive consultation about the technical amendments in the Act and stakeholders have been advised of the proposed timing for commencement of these amendments.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.