Explanatory Statement
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 2)
This instrument is made under subsection 203AD(1) of the Native Title Act 1993 (the Act).
This subsection, which took effect on 15 April 2007, provides that the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs may, by legislative instrument, recognise as the representative body for an area, a body that has applied under section 203AB to be the representative body for the area if the Minister is satisfied that:
(a) if the body is already a representative body, that it satisfactorily performs its existing functions; and
(b) the body would be able to perform satisfactorily the functions of a representative body.
The Cape York Land Council Aboriginal Corporation, the existing representative body for the area described in the Schedule that was recognised as the representative body for the area until 30 June 2010, was invited by the Minister under section 203A to apply for recognition as the representative body for the area described in the Schedule. The Cape York Land Council Aboriginal Corporation subsequently applied for recognition as the representative body for that area.
The Cape York Land Council Aboriginal Corporation was advised of criteria to which the Minister would have regard in making decisions about the recognition period. They were also advised that it was open to them to provide comments or information about appropriate recognition terms and that any relevant information would be taken into account.
Paragraph 203AD(3A) of the Act provides that the period of recognition specified in the instrument of recognition must be at least one year but no more than six years.
On the basis of the information provided, the Minister decided to recognise the Cape York Land Council Aboriginal Corporation for a period of three years from 1 July 2010.
The instrument provides that the recognition of the Cape York Land Council Aboriginal Corporation as the representative body for the area commences on 1 July 2010 and will cease to have effect at the end of 30 June 2013. The instrument also revokes, with effect from its commencement, the Recognition of Representative Aboriginal/Torres Strait Islander Body 2007 (No. 12).
The instrument is not regulatory in nature, will not impact on business activity and will have no compliance costs for business or competition impact.
Overview
The Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 2) was enacted to address the need for a legislative framework within the Native Title Act 1993 for recognising representative bodies for Aboriginal and Torres Strait Islander peoples. This instrument was created under the authority of the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs, who has the power to recognise a body as a representative body for a specified area if certain conditions are met. The policy objective of this legislation is to ensure that the recognised representative body can satisfactorily perform its functions, thereby facilitating effective representation and administration of native title matters within the designated area. The Cape York Land Council Aboriginal Corporation was recognised as the representative body for a specified area for a period of three years, starting from 1 July 2010, following an application and assessment by the Minister against set criteria.
This legislation was enacted to fill a gap in the Native Title Act 1993, providing a clear process for the recognition of representative bodies. By recognising the Cape York Land Council Aboriginal Corporation, the Act aims to support the satisfactory performance of representative functions within the designated area, ensuring that the interests of Aboriginal and Torres Strait Islander peoples are effectively represented and managed. This legislative instrument does not impose any regulatory, business, or competition impacts, focusing solely on the administrative recognition of the representative body.
Scope and Application
The Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 2) is a legislative instrument made under the Native Title Act 1993, which facilitates the recognition of a specific Aboriginal or Torres Strait Islander body as a representative body for a particular area. This instrument applies to the Cape York Land Council Aboriginal Corporation, which has been recognised as the representative body for a defined area, effective from 1 July 2010 until 30 June 2013. The instrument recognises the Corporation's capacity to perform the functions of a representative body and mandates that the recognition period must be at least one year but no more than six years, as stipulated by the Act. The instrument revokes a previous recognition order, ensuring that the most current terms of recognition are in effect. This legislation does not impose any regulatory, compliance, or business costs, nor does it impact competition, thereby maintaining its non-regulatory character.
Key Provisions
The legislation, F2010L01837, outlines the recognition of the Cape York Land Council Aboriginal Corporation as the representative body for a specified area under the Native Title Act 1993 (the Act). Section 203AD(1) allows the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs to recognise a body as a representative body if satisfied that the body can satisfactorily perform the necessary functions. The recognition period for the Cape York Land Council Aboriginal Corporation is set from 1 July 2010 until 30 June 2013, as per the instrument, which mandates a recognition period of at least one year but no more than six years as stated in paragraph 203AD(3A) of the Act.
Under this legislation, the Cape York Land Council Aboriginal Corporation is required to perform its functions as the representative body for the area described in the schedule. This includes representing the Aboriginal and Torres Strait Islander peoples in matters related to native title and land use within the specified area. The corporation must ensure that it meets the criteria set by the Minister for recognition, which involves demonstrating its capability to perform its existing and potential functions satisfactorily. The Minister has advised the corporation of the criteria to be considered and has invited comments or information about appropriate recognition terms, ensuring that all relevant information is taken into account.
Failure to meet the obligations imposed by the Act could result in the revocation of recognition and the potential need to reapply for recognition as the representative body. While the legislation does not specify particular offences or penalties for non-compliance, the consequences of failing to perform the required functions effectively could include the loss of the representative status and the benefits associated with it. The legislation, however, does not impose regulatory burdens, business impacts, or compliance costs, and it does not affect competition.