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.
Overview
The Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 4) was enacted to address the need for the continued recognition of the Yamatji Marlpa Aboriginal Corporation as the representative body for an Aboriginal area in Western Australia, following a name change from the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation. This legislative instrument is made under the Native Title Act 1993 and was introduced by the Commonwealth Minister for Families, Housing, Community Services and Indigenous Affairs. The policy objective is to ensure that the recognised body can effectively perform its functions as the representative for Aboriginal people in the specified area, thereby facilitating the administration of native title claims and related matters. The instrument recognises the Yamatji Marlpa Aboriginal Corporation for a period of two additional years, extending its recognition until 30 June 2013, and revokes the previous recognition of the former corporation name.
Scope and Application
The Explanatory Statement for Recognition of Representative Aboriginal/Torres Strait Islander Body 2010 (No. 4) provides the framework for the recognition of the Yamatji Marlpa Aboriginal Corporation as the representative body for an area under the Native Title Act 1993. This instrument, made under the authority of the Act, applies to the Yamatji Marlpa Aboriginal Corporation, recognising it as the representative body for a specified area from 1 July 2010 to 30 June 2013. This recognition follows the previous recognition of the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation, which has since changed its name. The Minister for Families, Housing, Community Services and Indigenous Affairs made this decision based on the satisfactory performance of the Corporation's existing functions and its ability to perform the functions of a representative body. This recognition allows for a three-year funding arrangement to support the Corporation's activities and ensures continuity in the representation of Aboriginal interests in the area. The instrument also revokes the previous recognition, ensuring that the Yamatji Marlpa Aboriginal Corporation is the officially recognised body moving forward.
Key Provisions
The key provisions of this legislation (F2010L01839) concern the recognition of the Yamatji Marlpa Aboriginal Corporation as the representative body for an area, under the Native Title Act 1993 (section 203AD(1)). This recognition extends from 1 July 2010 to 30 June 2013, with the corporation previously known as the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation. The recognition of this body as a representative body means that it is deemed capable of satisfactorily performing the functions associated with its role. The Act specifies that any recognition period must be between one and six years (section 203AD(3A)), and in this case, the Minister for Families, Housing, Community Services and Indigenous Affairs has determined that the Yamatji Marlpa Aboriginal Corporation meets the necessary criteria for recognition for a period of three years.
The obligations and requirements imposed on the Yamatji Marlpa Aboriginal Corporation by this Act include the satisfactory performance of its functions as the representative body for the specified area. This includes responsibilities such as advocating for the rights and interests of the Aboriginal community within the area, engaging with relevant stakeholders, and ensuring that the corporation's operations are in line with the objectives of the Native Title Act 1993. The corporation must also ensure that it maintains the necessary capacity and resources to effectively fulfil its role, and must report to the Minister on its activities and performance as required. Additionally, the corporation must adhere to any specific terms or conditions that may be attached to the recognition instrument, which may include financial or reporting requirements.
The Act does not explicitly outline specific offences, penalties, or consequences for breach; however, failure to perform the functions of a representative body satisfactorily could lead to the revocation of recognition. This could have significant implications for the corporation, including the loss of funding and diminished ability to advocate for the Aboriginal community. The Minister for Families, Housing, Community Services and Indigenous Affairs retains the power to revoke the recognition if it is determined that the corporation is no longer capable of performing its functions satisfactorily. This power is exercised in accordance with the provisions of the Native Title Act 1993 and any relevant guidelines or criteria established by the Minister.