Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Section 201A (definition of exempt State body )
Repeal the definition.
2 Subsection 203AD(3)
Repeal the subsection.
3 Subsection 203CB(3)
Omit all the words after "investment of money", substitute "under subsection ( 2), unless the provision expressly states that it applies to such a contract".
4 Division 6 of Part 11
Repeal the Division, substitute:
Division 6 -- Conduct of directors and other executive officers
This Division does not apply to anything that is not related to the performance of the functions of a representative body or the exercise of its powers.
203EA Representative bodies that are not corporations
(1) This section applies to a representative body that is neither:
(a) registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; nor
(b) a company incorporated under the Corporations Act 2001 .
(2) Division 4 (other than sections 27C, 27J and 27K) and Division 4A of Part 3 of the Commonwealth Authorities and Companies Act 1997 , and Schedule 2 to that Act, apply in relation to the body as if:
(a) each reference in that Division or Schedule to a Commonwealth authority were a reference to the representative body; and
(b) each reference in that Division or Schedule to an officer of a Commonwealth authority were a reference to an executive officer of the representative body; and
(c) each reference in that Division or Schedule to a director of a Commonwealth authority were a reference to a director of the representative body; and
(d) each reference in that Division or Schedule to the Finance Minister were a reference to the Commonwealth Minister.
Note 1: Provisions similar to Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 and Schedule 2 to that Act already apply to a representative body registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
Note 2: Similar provisions already apply under the Corporations Act 2001 to representative bodies that are companies incorporated under that Act.
(3) A director of the representative body who has a material personal interest in a matter that is being considered by the body's governing body:
(a) must not be present during any deliberation by the governing body on the matter; and
(b) must not take part in any decision of the governing body on the matter.
However, a contravention of this provision does not affect the validity of any resolution.
203EB Representative bodies registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006
(1) This section applies in relation to a representative body that is registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
(2) Division 4A of Part 3 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the body as if:
(a) each reference in that Division to a Commonwealth authority were a reference to the representative body; and
(b) each reference in that Division to an officer of a Commonwealth authority were a reference to an officer of the representative body; and
(c) in paragraph 27M(3)(b), the words "a civil penalty order under clause 3 of Schedule 2 or a compensation order under clause 4 of Schedule 2" were replaced with "a civil penalty order under section 386 - 10 or a compensation order under section 386 - 15 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 , made in relation to a breach of subsection 265 - 1(1), 265 - 5(1) or (2), 265 - 10(1) or (2) or 265 - 15(1) or (2) of that Act"; and
(d) in paragraph 27M(4)(c), the words "brought by the Finance Minister for a court order" were replaced with "brought by the Registrar of Aboriginal and Torres Strait Islander Corporations under section 386 - 20 or subsection 386 - 55(8) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 for a court order"; and
(e) in paragraph 27M(4)(d), the words "this Act" were omitted, and replaced with "section 386 - 60 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 against an application under section 386 - 20 of that Act , or for relief to the person under section 576 - 1 of that Act , "; and
(f) the reference to the Finance Minister in the final sentence of subsection 27M(4) were a reference to the Registrar of Aboriginal and Torres Strait Islander Corporations, and the note after the subsection were omitted; and
(g) the reference in paragraph 27N(2)(b) to sections 24 and 25 of the Commonwealth Authorities and Companies Act 1997 were a reference to sections 265 - 10 and 265 - 15 respectively of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .
Note: Provisions similar to Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 and Schedule 2 to that Act already apply in relation to companies incorporated under the Corporations Act 2001 .
203EC Sections 203EA to 203EB not to affect certain obligations
To avoid doubt, sections 203EA and 203EB do not affect the obligations imposed by the Commonwealth Authorities and Companies Act 1997 upon a representative body that is a Commonwealth authority within the meaning of section 7 of that Act.
5 Section 203FB
Repeal the section, substitute:
203FB Review of assistance decisions
Persons may apply for review
(1) An Aboriginal person or Torres Strait Islander affected by a decision of a representative body not to assist him or her in the performance of its facilitation and assistance functions under section 203BB may apply to the Secretary of the Department for review of the decision.
Note: The Aboriginal person or Torres Strait Islander is able to obtain a statement of reasons etc. for the decision from the representative body under section 13 of the Administrative Decisions (Judicial Review) Act 1977.
Appointment of person to conduct the review
(2) As soon as practicable after receiving the application, the Secretary must:
(a) review the representative body's decision; or
(b) appoint to conduct the review a person who, in the Secretary's opinion, has skills or knowledge in relation to matters of substantial relevance to the conduct of the review.
This section applies to external review
(1) This section applies if the Secretary of the Department appoints a person under paragraph 203FB(2)(b) to conduct the review.
Review of decision
(2) Subject to subsection ( 4), the person appointed must review the representative body's decision and report to the Secretary whether:
(a) the decision should be affirmed; or
(b) the Secretary should make funding available under section 203FE to a person or body for the purpose of performing specified facilitation and assistance functions of a representative body in relation to the matter to which the representative body's decision relates.
Matters to be taken into account when conducting review
(3) In reviewing the representative body's decision, the person appointed must have regard to:
(a) whether it would be consistent with priorities determined by the representative body under paragraph 203B(4)(a) to provide the assistance sought; and
(b) whether, to provide the assistance sought, the representative body would need to allocate or re - allocate resources in a way that interferes with the efficient performance of its functions; and
(c) whether the representative body would breach a condition imposed under section 203CA if the representative body were to provide the assistance sought; and
(d) if the assistance sought was in relation to an application under section 61:
(i) whether the provision of that assistance would promote an orderly, efficient and cost - effective process for making such applications; and
(ii) in a case where one or more other applications have been made or are proposed to be made in relation to land or waters covered by the application--whether the provision of the assistance sought would be reasonable given the need to minimise the number of applications covering the land or waters; and
(e) any other matter relevant to the merits of the decision.
Failure to use internal review procedures
(4) The person appointed must refuse to review the representative body's decision if satisfied that the applicant did not, before applying for the review, make all reasonable efforts to seek a review by the representative body of its decision.
Report to be given within 60 days
(5) The person appointed must give the report referred to in subsection ( 2) to the Secretary within 60 days after the day on which he or she was appointed, or within such other period as the Secretary allows (whether or not the 60 days have expired).
Inviting submissions
(6) Before reviewing the representative body's decision, the person appointed must invite the representative body to make a submission in relation to the decision. The invitation must specify a period of not less than 14 days within which submissions must be made.
Action to be taken by the Secretary
(7) The Secretary must, within one month after the end of the period referred to in subsection ( 5):
(a) affirm the representative body's decision; or
(b) make funding available under section 203FE as mentioned in paragraph ( 2)(b) of this section.
Notice of decision on review
(8) The Secretary must give the applicant and the representative body written notice of the Secretary's decision under subsection ( 7). The notice must include the reasons for that decision.
203FBB Review by Secretary of the Department
This section applies to review by Secretary
(1) This section applies if the Secretary of the Department conducts the review.
Review of decision
(2) Subject to subsection ( 4), the Secretary must review the representative body's decision and decide whether:
(a) the representative body's decision should be affirmed; or
(b) the Secretary should make funding available under section 203FE to a person or body for the purpose of performing specified facilitation and assistance functions of a representative body in relation to the matter to which the representative body's decision relates.
Matters to be taken into account when conducting review
(3) In reviewing the representative body's decision, the Secretary must have regard to:
(a) whether it would be consistent with priorities determined by the representative body under paragraph 203B(4)(a) to provide the assistance sought; and
(b) whether, to provide the assistance sought, the representative body would need to allocate or re - allocate resources in a way that interferes with the efficient performance of its functions; and
(c) whether the representative body would breach a condition imposed under section 203CA if the representative body were to provide the assistance sought; and
(d) if the assistance sought was in relation to an application under section 61:
(i) whether the provision of that assistance would promote an orderly, efficient and cost - effective process for making such applications; and
(ii) in a case where one or more other applications have been made or are proposed to be made in relation to land or waters covered by the application--whether the provision of the assistance sought would be reasonable given the need to minimise the number of applications covering the land or waters; and
(e) any other matter relevant to the merits of the decision.
Failure to use internal review procedures
(4) The Secretary must refuse to review the representative body's decision if satisfied that the applicant did not, before applying for the review, make all reasonable efforts to seek a review by the representative body of its decision.
Inviting submissions
(5) Before reviewing the representative body's decision, the Secretary must invite the representative body to make a submission in relation to the decision. The invitation must specify a period of not less than 14 days within which submissions must be made.
Secretary to decide matter within 60 days
(6) The Secretary must make his or her decision under subsection ( 2) within 60 days after the day on which the application for review is made.
Notice of decision on review
(7) The Secretary must give the applicant and the representative body written notice of the Secretary's decision under subsection ( 2). The notice must include the reasons for that decision.
6 Subsection 203FC(2)
Repeal the subsection, substitute:
Limit on directions
(2) Directions must not require the former representative body to:
(a) allow the replacement body access to documents and records of any kind mentioned in paragraph ( 1)(b) that relate to a claim made in a claimant application or a compensation application; or
(b) give the replacement body documents and records of any kind mentioned in paragraph ( 1)(b) that relate to a claim made in a claimant application or a compensation application, or give copies of such documents or records ;
unless the replacement body gives the Commonwealth Minister notice, in writing, that the replacement body has been requested to perform a representative body function in relation to the claim.
(2A) Directions must not require the former representative body to:
(a) allow the replacement body access to documents and records of any kind mentioned in paragraph ( 1)(b) that relate to native title rights and interests that are the subject of a determination of native title; or
(b) give the replacement body documents and records of any kind mentioned in paragraph ( 1)(b) that relate to native title rights and interests that are the subject of a determination of native title, or give copies of such documents or records ;
unless the replacement body gives the Commonwealth Minister notice, in writing, that the replacement body has been requested to perform a representative body function in relation to those native title rights and interests.
7 After subsection 203FC(4)
Insert:
Former representative body under external administration
(4A) To avoid doubt, the Commonwealth Minister may make a direction under subsection ( 1), and the former representative body to which the direction applies must comply with the direction, even if the former representative body is under external administration.
8 Subsection 203FE(2)
Omit "paragraph 203FB(7)(b)", substitute "paragraph 203FBA(7)(b) or 203FBB(2)(b)" .
9 Section 203FI
After " 203FB ", insert " , 203FBA, 203FBB ".
Part 2 -- Application provisions
10 Application of item 4
The amendment made by item 4 applies in relation to conduct that occurs on or after the day on which the item commences .
1 1 Application of item 5
The amendment made by item 5 appl ies where the application for review is made on or after the day on which the item commences .
1 2 Application of item 6
The amendment made by item 6 applies to directions issued on or after the day on which the item commences .