Explanatory Statement
Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 4)
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 Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation was recognised as the representative body for the area described in the Schedules, for the period 1 July 2007 to 30 June 2011. Since its recognition the Corporation has changed its name to Yamatji Marlpa Aboriginal Corporation (Yamatji).
As It is proposed to enter into a three year funding arrangement from 1 July 2010 it has been decided that Yamatji should be recognised for a further 2 years to allow this to happen. Its recognition would otherwise expire on 30 June 2011.
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. The Minister invited Yamatji under section 203A to apply for recognition as the representative body for the areas described in the Schedules for 2 years from 1 July 2011 to 30 June 2013.
As required, the Yamatji Marlpa Aboriginal Corporation was advised of criteria to which the Minister would have regard in making decisions about the recognition period.
On the basis of the information provided to the Minister, it was decided that Yamatji satisfactorily performs its existing functions; and it would be able to perform satisfactorily the functions of a representative body. The Minister decided to recognise Yamatji for an additional period of two years which would mean it is to be recognised for a total period of three years from 1 July 2010 to 30 June 2013; the remainder of its current recognition period plus the additional two years.
On recognition under this instrument, Yamatji will be offered a three year funding agreement for the total period of recognition from 1 July 2010 to 30 June 2013.
The instrument provides for the revocation of instrument Recognition as Representative Aboriginal/Torres Strait Islander Body 2007 (No. 13) which recognised the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and it provides for recognition of the Yamatji Marlpa Aboriginal Corporation as the representative body for the relevant area commencing on 1 July 2010 and ceasing to have effect on 30 June 2013.
The instrument is not regulatory in nature, will not impact on business activity and will have no compliance costs for business or competition impact.