Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2011

2010





               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                          HOUSE OF REPRESENTATIVES








   FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER
                            LEGISLATION AMENDMENT
                    (BUDGET AND OTHER MEASURES) BILL 2010




                    SUPPLEMENTARY EXPLANATORY MEMORANDUM





             Amendments to be moved on behalf of the Government












                     (Circulated by the authority of the
 Minister for Families, Housing, Community Services and Indigenous Affairs,
                          the Hon Jenny Macklin MP)

   FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER
                            LEGISLATION AMENDMENT
                    (BUDGET AND OTHER MEASURES) BILL 2010


OUTLINE


These amendments are to withdraw from the Bill the measures relating to  the
scheduling  of  land  (Schedule  3)  and  the  Indigenous  Land  Corporation
(Schedule 4).

The Indigenous Land  Corporation  measure  as  introduced  would  have  made
amendments to the Aboriginal and Torres Strait Islander Act 2005 to  include
a power for the  Minister  to  make  guidelines  that  would  apply  to  the
Indigenous Land Corporation  when  it  performs  its  functions  to  support
native title settlement.

This measure has been referred to the Senate  Standing  Committee  on  Legal
and Constitutional Affairs for inquiry and report by the first  sitting  day
in 2011.

This reporting date would not allow the  Bill  to  be  passed  in  the  2010
Spring sittings.  However, passage in those sittings would be necessary  for
two important measures in the Bill to commence, as intended,  on  1  January
2011.

The two measures are special disability trusts (Schedule  1)  and  residence
required to qualify for  disability  support  pension  (Schedule  2).   Both
measures have been widely publicised to commence on 1 January 2011.  If  the
Bill does not pass in the 2010 Spring  sittings,  uncertainty  and  possible
financial disadvantage may result for  potentially  significant  numbers  of
customers who may have altered their personal arrangements.

In withdrawing Schedule 4 from the Bill primarily to allow Schedules  1  and
2 the best chance of passage in the 2010  Spring  sittings,  the  Government
also intends  the  Committee  to  have  enough  time  to  inquire  into  the
Indigenous Land Corporation measure.

The scheduling of land  measure  as  introduced  would  have  added  further
parcels of land to Schedule  1  to  the  Aboriginal  Land  Rights  (Northern
Territory) Act 1976 to enable the land to be granted to relevant  Aboriginal
Land Trusts.  The measure is to be withdrawn from this Bill to allow one  of
the land area measurements, drawn from the  survey  plan  for  the  land  in
question, to be clarified before the scheduling goes ahead.

As  with  the  withdrawal  of  the  Indigenous  Land  Corporation   measure,
withdrawal of the scheduling of land measure  would  allow  the  more  time-
critical measures in the Bill to progress.  Once clarified,  the  scheduling
of land measure would be reintroduced.

Financial impact statement

There is no financial impact from these amendments.

   FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER
                            LEGISLATION AMENDMENT
                    (BUDGET AND OTHER MEASURES) BILL 2010

                            Government amendments


NOTES ON AMENDMENTS

Amendment 1 amends the long title of the Bill to remove  the  references  to
the  Aboriginal  land  rights  (scheduling  of  land)  and  Indigenous  Land
Corporation measures as purposes of the Bill.

Amendment 2 removes the references to the scheduling of land and  Indigenous
Land Corporation measures from the commencement clause in the Bill.

Amendment 3 omits Schedules 3 and 4, which contain the  scheduling  of  land
and Indigenous Land Corporation measures.