Explanatory Statement
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 3)
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 Goldfields Land and Sea 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 Goldfields Land and Sea Council Aboriginal Corporation subsequently applied for recognition as the representative body for that area.
The Goldfields Land and Sea 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 Goldfields Land and Sea Council Aboriginal Corporation for a period of three years from 1 July 2010.
The instrument provides that the recognition of the Goldfields Land and Sea 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. 7).
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. 3) was enacted to address the need for recognising representative bodies for Aboriginal and Torres Strait Islander peoples in relation to native title claims. This legislative instrument, created under the authority of subsection 203AD(1) of the Native Title Act 1993, was issued by the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs. The policy objective behind this recognition is to ensure that the representative bodies satisfactorily perform their functions to effectively represent the interests of the Indigenous communities in native title matters. The Goldfields Land and Sea Council Aboriginal Corporation, having applied to be recognised as the representative body, was granted recognition for a period of three years from 1 July 2010, following an assessment by the Minister of its capacity to perform the required functions. This recognition is intended to facilitate the management and negotiation of native title claims within the specified area.
Scope and Application
The Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 3) applies specifically to the Goldfields Land and Sea Council Aboriginal Corporation, recognising it as the representative body for a particular area, as defined in the Schedule attached to the instrument. This recognition is in accordance with subsection 203AD(1) of the Native Title Act 1993, which allows the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs to recognise a body that has applied to be a representative body if certain criteria are met. These criteria include the satisfactory performance of existing functions by the body, if it is already a representative body, and the body's capability to satisfactorily perform the functions of a representative body. The geographic reach of this Act is limited to the area specified in the Schedule, and the instrument is not intended to have any regulatory impact, business costs, or competition implications. The recognition period is set for three years, from 1 July 2010 to 30 June 2013, in compliance with paragraph 203AD(3A) of the Act, which mandates a recognition period of at least one year but no more than six years.
Key Provisions
The main operative sections of the Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 3) instrument, made under subsection 203AD(1) of the Native Title Act 1993, pertain to the recognition of the Goldfields Land and Sea Council Aboriginal Corporation as the representative body for a specified area. Specifically, Section 203AD(1) allows the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs to recognise a body as the representative body for a particular area if certain criteria are satisfied, namely that the body satisfactorily performs its existing functions if already recognised, and that it can perform the functions of a representative body. Under this authority, the Minister has decided to recognise the Goldfields Land and Sea Council Aboriginal Corporation as the representative body for the area from 1 July 2010 until 30 June 2013 (subsection 203AD(3A)).
The obligations and requirements imposed by the Act on the Goldfields Land and Sea Council Aboriginal Corporation include demonstrating their capacity to perform the functions of a representative body effectively. The Council was invited by the Minister to apply for recognition as the representative body for the area and was advised of the criteria to which the Minister would have regard, including the appropriate period for recognition, which must be between one and six years. The Council was also given the opportunity to provide comments or information about the appropriate recognition terms. The Act requires the recognised body to operate within the recognised period and to ensure that it continues to meet the performance criteria set out in the Act.
Any breach of the obligations and requirements set out in the Act could result in the revocation of the body's recognition as a representative body. There are no specific offences, penalties, or civil/criminal consequences stated in the instrument for breach of the Act. However, failure to meet the performance criteria could result in the Minister not renewing the recognition period or revoking the recognition entirely. The consequences of such action could be significant for the recognised body and the communities it represents, as it may impact their ability to access funding and resources for native title claims and negotiations.