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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Aboriginal and Torres Strait Islander
Amendment (A Stronger Land Account)
Bill 2014
No. , 2014
(Senator Siewert)
A Bill for an Act to amend the Aboriginal and
Torres Strait Islander Act 2005, and for related
purposes
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Land Account
3
Aboriginal and Torres Strait Islander Act 2005
3
Part 2--Indigenous Land Corporation
8
Aboriginal and Torres Strait Islander Act 2005
8
Part 3--Other amendments
16
Aboriginal and Torres Strait Islander Act 2005
16
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
1
A Bill for an Act to amend the Aboriginal and
1
Torres Strait Islander Act 2005, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the
Aboriginal and Torres Strait
6
Islander Amendment (A Stronger Land Account) Act 2014
.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
Land Account Part 1
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Land Account
2
Aboriginal and Torres Strait Islander Act 2005
3
1 Before Division 1 of Part 4A
4
Insert:
5
Division 1A--Objects of Part
6
191AB Objects of Part
7
(1) The objects of this Part are the following:
8
(a) to acknowledge the special relationship that Aboriginal
9
persons and Torres Strait Islanders have with their lands;
10
(b) to acknowledge that land has an economic, cultural, social
11
and environmental value for Aboriginal persons and Torres
12
Strait Islanders;
13
(c) to acknowledge the past injustices suffered by Aboriginal
14
persons and Torres Strait Islanders, arising from the
15
dispossession of their land;
16
(d) to ensure that Aboriginal persons and Torres Strait Islanders
17
receive the recognition within the Australian nation to which
18
their prior rights and interests in their traditional lands and
19
their rich and diverse culture entitle them to aspire;
20
(e) to provide a compensatory mechanism for Aboriginal persons
21
and Torres Strait Islanders that addresses their ongoing land
22
needs.
23
(2) Division 10 provides for the Aboriginal and Torres Strait Islander
24
Land Account, which was established for the land-related benefit
25
of Aboriginal persons and Torres Strait Islanders.
26
(3) In this Act:
27
land-related benefit means the acquisition and management of
28
land by or on behalf of Aboriginal persons and Torres Strait
29
Islanders, as mentioned in sections 191B and 192X.
30
Schedule 1 Amendments
Part 1 Land Account
4
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
2 Section 192X
1
Repeal the section, substitute:
2
192X Purpose of Land Account
3
(1) The purpose of the Land Account is the making of payments to the
4
Indigenous Land Corporation under this Division.
5
(2) Despite section 193J, money held by the Indigenous Land
6
Corporation that was paid to it from the Land Account must be
7
applied only:
8
(a) in payment or discharge of the costs, expenses and other
9
obligations incurred by the Corporation in the performance of
10
its functions or the exercise of its powers under:
11
(i) this Act; or
12
(ii) any other law;
13
as in force at the commencement of this subsection; and
14
(b) in payment of any remuneration and allowances payable to
15
any person under:
16
(i) this Act; or
17
(ii) any other law;
18
as in force at the commencement of this subsection; and
19
(c) in making any other payments which the Corporation is
20
authorised or required to make under:
21
(i) this Act; or
22
(ii) any other law;
23
as in force at the commencement of this subsection.
24
Note:
The purposes of the Indigenous Land Corporation are:
25
(a) to assist Aboriginal persons and Torres Strait Islanders to acquire
26
land; and
27
(b) to assist Aboriginal persons and Torres Strait Islanders to manage
28
indigenous-held land;
29
so as to provide economic, environmental, social or cultural benefits
30
for Aboriginal persons and Torres Strait Islanders (see section 191B).
31
3 Subsection 193(3) (heading)
32
Repeal the heading, substitute:
33
Amendments Schedule 1
Land Account Part 1
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
5
Additional payments--2011-2014
1
4 Subsection 193(3)
2
After "1 July 2011", insert "and before 1 July 2014".
3
5 Subsection 193(5)
4
Omit "For the purposes of subsections (3) and (4), the", substitute
5
"The".
6
6 After subsection 193(5)
7
Insert:
8
Additional payments--later financial years
9
(5A) On the first business day in December of a financial year (the
10
current year) beginning on or after 1 July 2014, an amount is to be
11
paid to the Indigenous Land Corporation, out of the Land Account,
12
if the real return from investment of the Land Account for the
13
previous financial year exceeds $50 million.
14
(5B) The amount to be paid is half of the excess.
15
(5C) The real return from investment of the Land Account for the
16
previous financial year is the amount worked out using the
17
following formula:
18
where:
19
indexation factor means the indexation factor for the current year
20
worked out under section 192Y.
21
return is the actual capital value of the Land Account for the
22
current year less the actual capital value of the Land Account for
23
the previous financial year.
24
Note:
If income is received by the Commonwealth from the investment of an
25
amount standing to the credit of the Land Account, an amount equal to
26
the income must be credited to the Land Account (see
27
subsection 192W(4)).
28
Schedule 1 Amendments
Part 1 Land Account
6
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
7 Subsection 193(6)
1
Omit "subsection (2) or (3)", substitute "this section".
2
8 Subsection 193G(1)
3
Omit "the investment policy", substitute "the projected financial
4
requirements of the Indigenous Land Corporation and the investment
5
policy".
6
9 After section 193G
7
Insert:
8
193GA Finance Minister to have regard to advice of Indigenous
9
Land Corporation
10
(1) The Indigenous Land Corporation may give the Finance Minister
11
advice about the projected financial requirements of the Indigenous
12
Land Corporation.
13
(2) The Indigenous Land Corporation may give the Finance Minister
14
advice as to how the Land Account should be managed, in order to
15
meet the projected financial requirements of the Indigenous Land
16
Corporation.
17
(3) The Finance Minister must, in making a decision in relation to the
18
investment policy of the Land Account, have regard to any advice
19
given by the Indigenous Land Corporation under subsection (2).
20
10 At the end of Division 10 of Part 4A
21
Add:
22
193IA Changes to purpose of Indigenous Land Corporation and
23
Land Account
24
(1) This section applies to a Bill for an Act that:
25
(a) is introduced into either House of the Parliament; and
26
(b) contains a provision (the proposed provision) that would:
27
(i) amend section 191AB or 191B or this Division; or
28
(ii) would otherwise alter the operation of any of the
29
provisions mentioned in subparagraph (i).
30
Amendments Schedule 1
Land Account Part 1
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
7
(2) Subject to subsection (6), the Bill is referred to the joint
1
parliamentary committee responsible for the scrutiny of issues
2
related to Aboriginal persons and Torres Strait Islanders (the joint
3
committee).
4
(3) The joint committee must, not less than 10 sitting days and not
5
more than 6 months after the introduction of the Bill, table in each
6
House a report that meets the requirements contained in
7
subsections (4) and (5).
8
(4) In preparing the report, the joint committee must consult with
9
Aboriginal persons and Torres Strait Islanders, including
10
prominent Indigenous organisations in all States and Territories, on
11
the proposed provision.
12
(5) The report must include:
13
(a) an assessment of whether the Aboriginal persons and Torres
14
Strait Islanders consider that the proposed provision is
15
necessary, having regard to the likely impact of the proposed
16
provision on the ability of Aboriginal persons and Torres
17
Strait Islanders to acquire or manage land for their economic,
18
social, cultural or environmental benefit; and
19
(b) details of the consultation process that was undertaken by the
20
joint committee in preparing the report, including the number
21
of Aboriginal and Torres Strait Islander persons or
22
organisations that were consulted.
23
(6) If there is no joint parliamentary committee:
24
(a) the Bill is referred to both the House of Representatives and
25
Senate committees responsible for the scrutiny of issues
26
related to Aboriginal persons and Torres Strait Islanders; and
27
(b) the House of Representatives committee must, not less than
28
10 sitting days and not more than 6 months after the
29
introduction of the bill, table in the House a report that meets
30
the requirements contained in subsections (4) and (5); and
31
(c) the Senate committee must, not less than 10 sitting days and
32
not more than 6 months after the introduction of the bill,
33
table in the Senate a report that meets the requirements
34
contained in subsections (4) and (5).
35
Schedule 1 Amendments
Part 2 Indigenous Land Corporation
8
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
Part 2
--Indigenous Land Corporation
1
Aboriginal and Torres Strait Islander Act 2005
2
11 After subsection 191F(1)
3
Insert:
4
Indigenous Land Corporation to operate in accordance with good
5
governance principles etc.
6
(1A) Without limiting subsection (1), the Indigenous Land Corporation
7
must, in performing its functions and exercising its powers, ensure
8
that its business and administration is conducted:
9
(a) efficiently; and
10
(b) in accordance with principles of good governance,
11
transparency, financial accountability and ethical
12
procurement.
13
12 Section 191L
14
Repeal the section, substitute:
15
191L Powers of Minister
16
(1) Except as expressly provided in this Act or the Public Governance,
17
Performance and Accountability Act 2013, the Minister is not
18
empowered to direct the Indigenous Land Corporation in relation
19
to any of its activities.
20
(2) In deciding whether to make a request of the Indigenous Land
21
Corporation for any reason, the Minister must have regard to the
22
importance of maintaining the independence of the Indigenous
23
Land Corporation.
24
13 Section 191W
25
Repeal the section, substitute:
26
Amendments Schedule 1
Indigenous Land Corporation Part 2
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
9
191W Responsibilities of Indigenous Land Corporation Board
1
The responsibilities of the Indigenous Land Corporation Board are
2
to:
3
(a) ensure the proper and efficient performance of the functions
4
of the Indigenous Land Corporation for the purposes
5
mentioned in section 191B; and
6
(b) determine the policy of the Indigenous Land Corporation
7
with respect to any matter; and
8
(c) ensure that the Indigenous Land Corporation, its subsidiaries
9
and Indigenous Land Corporation officers comply with the
10
highest standards of good governance, transparency, financial
11
accountability and ethical procurement.
12
14 Subsection 191X(3)
13
Repeal the subsection, substitute:
14
Consultation
15
(3) The Minister must, before appointing a person as an Indigenous
16
Land Corporation Director, consult:
17
(a) the Nomination Committee; and
18
(b) the Finance Minister.
19
15 At the end of section 191X
20
Add:
21
Staggering of appointments
22
(5) The Minister must, in appointing persons as Indigenous Land
23
Corporation Directors (including specifying the periods of
24
appointment), ensure that the majority of the appointments of the
25
members of the Indigenous Land Corporation Board would not
26
expire at, or about, the same time.
27
(6) Subsection (5) does not affect the validity of any appointment.
28
16 After section 191X
29
Insert:
30
Schedule 1 Amendments
Part 2 Indigenous Land Corporation
10
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
191XA Nomination Committee
1
(1) The Minister must establish a Nomination Committee, to make
2
recommendations to the Minister about appropriate persons for
3
appointment as Indigenous Land Corporation Directors.
4
(2) The Nomination Committee must consist of at least 3 members.
5
(3) The members of the Nomination Committee must:
6
(a) be eminent persons; and
7
(b) be Aboriginal persons or Torres Strait Islanders; and
8
(c) have skills and expertise relevant to the functions of the
9
Indigenous Land Corporation.
10
(4) In appointing persons to the Nomination Committee, the Minister
11
must have regard to the gender balance of the Nomination
12
Committee.
13
Chairperson
14
(5) The Minister must appoint a member of the Nomination
15
Committee as its Chairperson.
16
(6) The Minister must, before appointing a person as a member, or as
17
the Chairperson, of the Nomination Committee, consult:
18
(a) the joint parliamentary committee responsible for the scrutiny
19
of issues relating to Aboriginal persons and Torres Strait
20
Islanders on the suitability of the candidate proposed for
21
appointment, or
22
(b) if there is no joint parliamentary committee--both the House
23
and the Senate committee responsible for the scrutiny of
24
issues related to Aboriginal persons and Torres Strait
25
Islanders on the suitability of the candidate proposed for
26
appointment.
27
Terms and conditions
28
(7) A member of the Nomination Committee holds office on such
29
terms and conditions (if any) as are determined by the Minister by
30
notice published in the Gazette.
31
Amendments Schedule 1
Indigenous Land Corporation Part 2
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
11
191XB Consultation with Nomination Committee
1
(1) The Minister must, before appointing an Indigenous Land
2
Corporation Director, request that the Nomination Committee
3
prepare a report proposing potential candidates for appointment.
4
(2) Subject to subsections (3), (4) and (5), the Nomination Committee
5
must determine procedures for its operation.
6
(3) The Nomination Committee must:
7
(a) maintain a list of potential candidates for appointment as
8
Indigenous Land Corporation Directors; and
9
(b) meet at least once in every 12 month period for the purposes
10
of discussing and updating the list.
11
(4) In preparing a report under subsection (1), or in maintaining the list
12
under subsection (3), the Nomination Committee must have regard
13
to the following:
14
(a) the gender balance of the Indigenous Land Corporation
15
Board;
16
(b) the requirements of subsection 191X(4);
17
(c) whether a person recommended for appointment is a fit and
18
proper person to be an Indigenous Land Corporation
19
Director.
20
(5) A report under subsection (1), or a list under subsection (3):
21
(a) must not contain more than 10 potential candidates for
22
appointment; and
23
(b) must not be disclosed by a member of the Nomination
24
Committee or an Indigenous Land Corporation officer, other
25
than for a purpose authorised by the Indigenous Land
26
Corporation Board.
27
(6) If the Minister makes an appointment, the Minister must make a
28
statement, in writing, indicating whether or not the person
29
appointed was a candidate proposed by the Nomination
30
Committee.
31
(7) A statement under subsection (6) must be published:
32
(a) on the Indigenous Land Corporation's website; or
33
Schedule 1 Amendments
Part 2 Indigenous Land Corporation
12
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
(b) by any other means that the Indigenous Land Corporation
1
Board considers appropriate.
2
17 At the end of Division 5 of Part 4A
3
Add:
4
191YA Committees
5
For the purpose of performing its functions, or exercising its
6
powers, the Indigenous Land Corporation Board may establish
7
such committees as it considers necessary.
8
191YB Audit and Risk Management Committee
9
(1) Without limiting section 191YA, the Indigenous Land Corporation
10
Board must establish an audit and risk management committee (the
11
Audit and Risk Management Committee).
12
Note:
This requirement is in addition to the requirement contained in
13
section 92 of the Public Governance, Performance and Accountability
14
Act 2013.
15
(2) The functions of the Audit and Risk Management Committee are:
16
(a) to advise the Indigenous Land Corporation Board on:
17
(i) the Indigenous Land Corporation's governance
18
framework and assurance mechanisms; and
19
(ii) the key risks to the Indigenous Land Corporation,
20
including risks relating to carrying out its functions; and
21
(b) any other functions that the Indigenous Land Corporation
22
Board determines.
23
(3) The Indigenous Land Corporation Board must appoint the
24
members of the Audit and Risk Management Committee, including
25
the Chairperson, for a period not exceeding 4 years.
26
(4) The members of the Audit and Risk Management Committee, other
27
than the Chairperson:
28
(a) must be members of the Indigenous Land Corporation Board;
29
and
30
Amendments Schedule 1
Indigenous Land Corporation Part 2
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
13
(b) cease to hold office as members of the Audit and Risk
1
Management Committee if they cease to be members of the
2
Indigenous Land Corporation Board.
3
(5) The Chairperson of the Audit and Risk Management Committee
4
must not be a current or former Indigenous Land Corporation
5
officer.
6
(6) The Indigenous Land Corporation Board, before appointing the
7
Chairperson of the Audit and Risk Management Committee, must
8
consult the Minister in relation to the proposed appointment.
9
(7) The Chairperson holds office on such terms and conditions (if any)
10
as are determined by the Minister by notice published in the
11
Gazette.
12
18 Section 191Z
13
Repeal the section, substitute:
14
191Z Period of appointment
15
(1) An Indigenous Land Corporation Director holds office for such
16
period, not exceeding 3 years, as is specified in the instrument of
17
appointment.
18
(2) An Indigenous Land Corporation Director may be reappointed but
19
cannot be reappointed more than once.
20
(3) If the Minister decides to reappoint an Indigenous Land
21
Corporation Director, the decision to reappoint must not be made
22
more than 3 months before the end of the Director's term of
23
appointment.
24
19 Application of amendment
25
(1)
Subsection 191Z(1) of the Aboriginal and Torres Strait Islander Act
26
2005, as amended by this Schedule, applies to appointments made after
27
the commencement of this item.
28
(2)
Subsections 191Z(2) and (3) of the Aboriginal and Torres Strait
29
Islander Act 2005, as amended by this Schedule, apply to
30
reappointments made after the commencement of this item (whether the
31
Schedule 1 Amendments
Part 2 Indigenous Land Corporation
14
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
relevant Indigenous Land Corporation Director was originally
1
appointed before, on or after that commencement).
2
20 Section 192F
3
Repeal the section, substitute:
4
192F Disclosure of interests
5
Notification of business interests to Minister--Chairperson
6
(1) The Indigenous Land Corporation Chairperson must give written
7
notice to the Minister of all direct or indirect pecuniary interests
8
that the Chairperson has or acquires in any business, or in any body
9
corporate carrying on a business.
10
Notification of business interests to Indigenous Land Council
11
Board--Directors
12
(2) Without limiting the requirements of section 29 of the Public
13
Governance, Performance and Accountability Act 2013, an
14
Indigenous Land Corporation Director must also disclose to the
15
Indigenous Land Corporation Board all direct or indirect pecuniary
16
interests that the Director has or acquires in any business, or in any
17
body corporate carrying on a business.
18
Register of interests
19
(3) The Indigenous Land Corporation Board must keep a register of
20
the interests disclosed in accordance with subsections (1) and (2).
21
21 After section 192S
22
Insert:
23
192SA Code of conduct
24
(1) The Indigenous Land Corporation Board must determine a code of
25
conduct for Indigenous Land Corporation officers.
26
(2) In determining the code of conduct, the Indigenous Land
27
Corporation Board must have regard to the content of the APS
28
Amendments Schedule 1
Indigenous Land Corporation Part 2
No. , 2014
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
15
Code of Conduct, set out in section 13 of the Public Service Act
1
1999.
2
(3) The code of conduct must be published:
3
(a) on the Indigenous Land Corporation's website; or
4
(b) by any other means that the Indigenous Land Corporation
5
Board considers appropriate.
6
(4) Indigenous Land Corporation officers must comply with the code
7
of conduct.
8
(5) A determination under subsection (1) is not a legislative
9
instrument.
10
Schedule 1 Amendments
Part 3 Other amendments
16
Aboriginal and Torres Strait Islander Amendment (A Stronger Land
Account) Bill 2014
No. , 2014
Part 3
--Other amendments
1
Aboriginal and Torres Strait Islander Act 2005
2
22 Subsection 4(1)
3
Insert:
4
actual capital value has the meaning given by subsection 193(5).
5
Audit and Risk Management Committee has the meaning given by
6
section 191YB.
7
Indigenous Land Corporation officer means any of the following:
8
(a) an Indigenous Land Corporation Director;
9
(b) an employee engaged under section 192S;
10
(c) a person performing duties on behalf of the Indigenous Land
11
Corporation under section 192T;
12
(d) an officer or employee made available to the Indigenous
13
Land Corporation under section 192U;
14
(e) a consultant engaged under section 192V;
15
(f) a member, officer, employee or consultant of a subsidiary of
16
the Indigenous Land Corporation.
17
land-related benefit has the meaning given by
18
subsection 191AB(3).
19
Nomination Committee means the committee established under
20
section 191XA.
21
real return has the meaning given by subsection 193(5C).
22