Aboriginal and Torres Strait Islander Commission Amendment Act 1998
No. 20, 1998
Aboriginal and Torres Strait Islander Commission Amendment Act 1998
No. 20, 1998
Aboriginal and Torres Strait Islander Commission Amendment Act 1998
No. 20, 1998
An Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Amendment 3
Aboriginal and Torres Strait Islander Commission Act 1989 3
Aboriginal and Torres Strait Islander Commission Amendment Act 1998
No. 20, 1998
An Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes
[Assented to 17 April 1998]
The Parliament of Australia enacts:
This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act 1998.
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Items 4 and 8 of Schedule 1 are taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Amendment Act 1996 received the Royal Assent.
(3) Item 10 of Schedule 1 is taken to have commenced immediately after the Aboriginal and Torres Strait Islander Commission Act 1989 received the Royal Assent.
(4) Item 11 of Schedule 1 is taken to have commenced immediately after the commencement of section 79 of the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Aboriginal and Torres Strait Islander Commission Act 1989
Add:
(5) This section does not affect the availability to the Commission of any legal or equitable remedy for a failure to fulfil a term or condition of a grant or loan made by the Commission under this Part.
2 Subsections 21(2) and (3)
Repeal the subsections, substitute:
No disposal without Commission’s consent
(2) The individual or body must not dispose of the interest without the Commission’s written consent to that particular disposal or to a disposal of that kind.
Consent must specify person who is to acquire interest
(3) The consent must specify the disposal, or the kind of disposal, it covers by identifying the person or class of persons to whom the interest is to be disposed of.
Other ways in which consent may specify disposal
(4) Subsection (3) does not prevent a consent from further specifying a particular disposal, or a kind of disposal, in other ways.
Disposal without Commission’s consent is invalid
(5) A purported disposal of the interest by the individual or body has no effect unless it is covered by the Commission’s written consent.
Conditional consent
(6) The Commission may attach a condition to its consent by specifying the condition in the document setting out the consent.
Contravention of condition does not affect disposal
(7) Contravention of a condition attached to the Commission’s consent does not affect the disposal of the interest by the individual or body.
Contravention of condition on using proceeds of disposal
(8) However, the Commission may give the individual or body written notice requiring the individual or body to pay the Commission the amount specified in the notice if:
(a) the interest disposed of was acquired by the individual or body either:
(i) using money granted by the Commission to the individual or body under paragraph 14(1)(a) after the commencement of this subsection; or
(ii) as a result of the grant of an interest in land by the Commission under paragraph 14(1)(b) after the commencement of this subsection; and
(b) the condition attached to the Commission’s consent was that some or all of the proceeds of the disposal be applied for a purpose specified by the Commission; and
(c) the Commission is satisfied that the condition was not complied with.
Amount that must be paid
(9) The Commission must not specify in the notice an amount greater than the amount of the grant made to the individual or body under paragraph 14(1)(a) or (b).
Liability to pay
(10) An individual or body given a notice is liable to pay the Commission the amount specified in the notice.
Requirement to pay under notice does not affect other remedies
(11) Subsections (8), (9) and (10) do not affect the availability to the Commission of any legal or equitable remedy for contravention of a condition attached to the Commission’s consent.
Note: The following heading to subsection 21(1) is inserted “Interests to which this section applies”.
Add:
(4) This section does not apply to a liability arising under subsection 21(10) (because of a failure to comply with a condition the Commission attached to its consent for an individual or body to dispose of the interest of the individual or body in land).
Omit “section”, substitute “subsection”.
Repeal the paragraph, substitute:
(a) its power to consent for the purposes of section 21 to the disposal of interests in property used mainly for purposes other than residential purposes; and
6 At the end of paragraph 45(1)(c) and subparagraph 45(1)(ca)(ii)
Add “and”.
7 At the end of subsection 45A(1)
Add “or any or all of its other powers (except those under section 20) so far as they relate to a grant, loan or guarantee under section 14, 15 or 16”.
Omit “(ba) (c), (d), (da), (db),,”, substitute “(ba), (c), (d), (da), (db),”.
After “by”, insert “or under”.
10 Subsection 178(2)
Omit “condition”, substitute “conditions”.
After “referred to”, insert “in”.
12 Application of amendment of section 21
(1) The amendment of section 21 of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule applies to disposals of interests (and purported disposals of interests) on or after the day on which this Act receives the Royal Assent.
(2) A consent given by the Commission before that day remains effective for the purposes of that section on and after that day (despite that amendment).
13 Application of amendments of paragraph 45(1)(a) and subsection 45A(1)
The amendments of paragraph 45(1)(a) and subsection 45A(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 made by this Schedule do not affect delegations under instruments made before the day on which this Act receives the Royal Assent.
[Minister's second reading speech made in—
House of Representatives on 3 December 1997
Senate on 1 April 1998]
(238/97)