EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 157
Native Title Act 1993
NATIVE TITLE (NATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER LAND FUND) REPEAL REGULATIONS 2005
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.
The purpose of these regulations is to repeal the Native Title (National Aboriginal and Torres Strait Islander Land Fund) Regulations (the Principal Regulations) which are now redundant.
The Principal Regulations, made in 1994, relate to the National Aboriginal and Torres Strait Islander Land Fund (the Fund), which was established for the purpose of assisting Aboriginal peoples and Torres Strait Islanders to acquire and manage land for their economic, environmental, social and cultural benefit. Subsection 201(3) of the Act provided that regulations may be made in respect of payments into and from the fund and in respect of the operation of the Fund.
Section 201 of the Act, which provided for the establishment of the Fund, was repealed in 1995. The reason for repeal was the establishment of Indigenous Land Corporation (ILC) under Part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989. Division 10 of Part 4A of that Act transferred all money and investments of the Fund into a new Fund known as the Aboriginal and Torres Strait Islander Land Fund out of which payments were made to the ILC. However, the Principal Regulations were not repealed at that time.
There were no adverse consequences to Aboriginal peoples or Torres Strait Islanders as a result of the transfer of money and investments out of the Fund in 1995.
The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Native Title Act 1993, enacted by the Parliament of Australia, was established to address the legal recognition and protection of native title rights and interests in land and waters in Australia. In 2005, the Native Title (National Aboriginal and Torres Strait Islander Land Fund) Repeal Regulations were introduced to repeal the Native Title (National Aboriginal and Torres Strait Islander Land Fund) Regulations 1994. These regulations, which were related to the National Aboriginal and Torres Strait Islander Land Fund, had become redundant following the establishment of the Indigenous Land Corporation (ILC) under the Aboriginal and Torres Strait Islander Commission Act 1989. The purpose of the repeal was to streamline the legislative framework surrounding land acquisition and management for Aboriginal peoples and Torres Strait Islanders, ensuring that the operations of the Fund were aligned with the new legislative provisions. The regulations came into effect the day after they were registered on the Federal Register of Legislative Instruments.
Scope and Application
The Native Title (National Aboriginal and Torres Strait Islander Land Fund) Repeal Regulations 2005 applies to the repeal of the Native Title (National Aboriginal and Torres Strait Islander Land Fund) Regulations 1994, which governed the operations of the National Aboriginal and Torres Strait Islander Land Fund. This fund was established to assist Aboriginal peoples and Torres Strait Islanders in acquiring and managing land for their economic, environmental, social, and cultural benefit. The repeal of the Principal Regulations is a direct consequence of the establishment of the Indigenous Land Corporation (ILC) under Part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989. This establishment led to the transfer of all money and investments of the Fund into a new Fund, the Aboriginal and Torres Strait Islander Land Fund, from which payments were made to the ILC. The Act provides the Governor-General with the authority to make regulations that are necessary or convenient to carry out or give effect to the Act. No specific conditions are stipulated in the Act for the exercise of this power. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Key Provisions
The Native Title (National Aboriginal and Torres Strait Islander Land Fund) Repeal Regulations 2005 (the Regulations) serve to repeal the previously existing Native Title (National Aboriginal and Torres Strait Islander Land Fund) Regulations 1994 (the Principal Regulations). These Principal Regulations were established to govern the operations of the National Aboriginal and Torres Strait Islander Land Fund (the Fund), which was created to support Aboriginal peoples and Torres Strait Islanders in acquiring and managing land for economic, environmental, social, and cultural benefits (subsection 215(1)). However, as section 201 of the Native Title Act 1993, which established the Fund, was repealed in 1995, and its functions were transferred to the Indigenous Land Corporation (ILC) under the Aboriginal and Torres Strait Islander Commission Act 1989, the Principal Regulations have become redundant.
The Regulations impose obligations on relevant parties, primarily ensuring that all references to the Fund and its operations in the Principal Regulations are no longer applicable. Since the Fund's assets and investments were transferred to a new Aboriginal and Torres Strait Islander Land Fund in 1995, and managed by the ILC, the Principal Regulations are no longer necessary for the administration of these funds. The repeal of these regulations ensures that there is no confusion or legal ambiguity regarding the Fund's operations.
There are no specific offences, penalties, or consequences outlined within the Regulations themselves. However, any breach of the now-repealed Principal Regulations that occurred before the Regulations came into effect could have resulted in penalties as specified in the Principal Regulations. With the Regulations now in place, any actions taken under the repealed Principal Regulations post the commencement of the Repeal Regulations would not be legally enforceable. The repeal ensures that all regulatory frameworks align with the current legislative environment and the established roles of the ILC.