Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Section 201A (definition of executive officer )
Repeal the definition, substitute:
"executive officer" means:
(a) in relation to a representative body:
(i) a director of the representative body; or
(ii) any other person who is concerned in, or takes part in, the management of the representative body at a senior level; or
(b) in relation to a body to whom funding is made available under subsection 203FE(1) or (2):
(i) if the body is a body corporate--a director of the body; or
(ii) in any case--a person who is concerned in, or takes part in, the management of the body at a senior level.
2 Section 201A (definition of transition period )
Repeal the definition, substitute:
"transition period" means the period beginning at the start of the transitional commencing day and ending at the end of 30 June 2007.
3 Section 201A
Insert:
"transitional commencing day" means the day on which Schedule 1 to the Native Title Amendment Act 2007 commences.
4 Section 201A
Insert:
"transitionally affected area" has the meaning given by section 201C.
5 After paragraph 201B(1)(b)
Insert:
(ba) a company incorporated under the Corporations Act 2001 ; or
6 At the end of Division 1 of Part 11
Add:
201C Transitionally affected areas
(1) Each area for which there was a representative body on the transitional commencing day is a transitionally affected area .
(2) However, if that area (the original area ) is extended under section 203AE, varied under section 203AF or reduced under section 203AG before the day on which particular action is taken, then on that day, the transitionally affected area is taken to be the original area as extended, varied or reduced under the relevant section.
Note: It may be necessary to identify a transitionally affected area when a number of actions are taken, such as the making of an invitation under section 203A in compliance with subsections 203AA(1) and (2), the making of an application under section 203AB for a body to be recognised as the representative body for an area, and the recognition of a body as the representative body for an area under subsection 203AD(1A).
6A Subsection 203A(1)
Repeal the subsection, substitute:
(1) Subject to section 203AA, the Commonwealth Minister may:
(a) invite applications from eligible bodies, in the way determined in writing by the Commonwealth Minister, for recognition as the representative body for an area; or
(b) invite an eligible body, in writing, to make an application for recognition as the representative body for an area.
6B Subsection 203A(2)
After "for which", insert "an application or".
6C Subsection 203A(3)
After "within which", insert "the application or".
7 After subsection 203A(3)
Insert:
(3A) The invitation may specify the period for which an eligible body would be recognised, if the body successfully applied for recognition. The period must be:
(a) unless subsection (3B) applies, of no less than 2 years; and
(b) of no more than 6 years.
(3B) The period specified may be of less than 2 years, but no less than 1 year, if:
(a) the body is under external administration; or
(b) a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or
(c) the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).
7A Subsection 203A(4)
Omit "under subsection (1) for inviting applications", substitute "under paragraph (1)(a) for inviting applications from eligible bodies".
8 Section 203AA
Repeal the section, substitute:
203AA Inviting applications from representative bodies during the transition period
Commonwealth Minister to invite applications
(1) As soon as practicable after the start of the transition period, the Commonwealth Minister must make an invitation under section 203A in respect of each transitionally affected area.
(2) The invitation in respect of a particular transitionally affected area must only be made to the body that was, on the transitional commencing day, the representative body for the transitionally affected area, as it stood on that day.
Example: Body A is the recognised body for Area A on the transitional commencing day. Body B is the recognised body for Area B on the transitional commencing day.
The areas for which Body A and Body B are recognised are varied under section 203AF by recognising Body A as the representative body for a slice of Area B. The variation takes effect after the transitional commencing day.
Invitations are then made. At the time when that action is taken, the transitionally affected area for Body A is Area A, plus the slice of Area B for which Body A has now been recognised as the representative body ( Area A+ ). The transitionally affected area for Body B is Area B, less the slice of Area B for which Body A has now been recognised as the representative body ( Area B - ).
The invitation for Area A+ is made to Body A. The invitation for Area B - is made to Body B.
Period for which the body will be recognised
(3) The invitation must specify the period for which the body would be recognised, if an application were made. The period specified must be:
(a) unless subsection (3A) applies, of no less than 2 years; and
(b) of no more than 6 years.
(3A) The period specified may be of less than 2 years, but no less than 1 year, if:
(a) the body is under external administration; or
(b) a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or
(c) the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).
Invitations need not all be made at same time
(4) The invitations mentioned in subsection (1) need not all be made at the same time.
Further invitations during the transition period
(5) Subject to subsection (6), no other invitation may be made under section 203A in respect of a transitionally affected area or an area wholly or partly within such an area, during the transition period.
(6) The Commonwealth Minister may make another invitation under section 203A within the transition period in respect of a transitionally affected area, or an area wholly or partly within such an area, if the body to whom the invitation was made in compliance with subsections (1) and (2) has not applied for recognition as the representative body for the area within the relevant application period under subsection 203A(3), or such further period as the Commonwealth Minister allows.
8A Subsection 203AB(1)
Repeal the subsection, substitute:
(1) Subject to subsection (3), an eligible body may apply to the Commonwealth Minister, in the form approved by the Commonwealth Minister, for recognition as the representative body for the area, or for one or more of the areas, in respect of which:
(a) the body has been invited under section 203A to make an application; or
(b) eligible bodies have been invited under section 203A to make applications.
9 Subsection 203AB(3)
Repeal the subsection, substitute:
Invitation to existing representative bodies
(3) If the invitation was made for a transitionally affected area in compliance with subsections 203AA(1) and (2):
(a) only the body to whom the invitation was made may make an application; and
(b) the invitation is taken, for the purposes of subsection (1), to have been made for the transitionally affected area as it stands on the day on which the application is made.
10 Paragraph 203AC(1A)(b)
Repeal the paragraph, substitute:
(b) if, during the transition period, an application is made in respect of a transitionally affected area by the body to whom an invitation was made in relation to the area in compliance with subsections 203AA(1) and (2)--in any event before the end of the transition period.
11 Subsection 203AD(1)
Omit "The", substitute "Subject to subsection (1A), the".
12 Subsection 203AD(1)
Omit "by written instrument", substitute "by legislative instrument".
13 Paragraphs 203AD(1)(a) and (b)
Repeal the paragraphs.
14 After subsection 203AD(1)
Insert:
Representative bodies for transitionally affected area
(1A) The Commonwealth Minister must, by legislative instrument, recognise, as the representative body for a transitionally affected area, a body that:
(a) was, on the transitional commencing day, the representative body for the transitionally affected area, as it stood on that day; and
(b) has, during the transition period, applied under section 203AB to be the representative body for the transitionally affected area, as it stood on the day the application was made.
Instrument recognising body not disallowable
(1B) Section 42 of the Legislative Instruments Act 2003 does not apply to a legislative instrument made under subsection (1A).
15 Subsection 203AD(2)
Repeal the subsection, substitute:
When recognition takes effect
(2) The recognition of the body as a representative body takes effect:
(a) if the body is recognised under subsection (1)--on the day specified in the instrument of recognition; or
(b) if the body is recognised under subsection (1A)--on 1 July 2007.
When recognition ceases to have effect
(2A) If a body that is recognised under subsection (1) as the representative body for a transitionally affected area is to be recognised under subsection (1A) as the representative body for the area:
(a) the body's recognition under subsection (1) ceases to have effect at the end of 30 June 2007; and
(b) the body's recognition under subsection (1A) ceases to have effect at the end of the day specified in the instrument of recognition.
(2B) If a body is recognised under subsection (1), and that recognition takes effect on or after 1 July 2007, that recognition ceases to have effect at the end of the day specified in the instrument of recognition.
(2C) In any other case, the recognition of a body ceases to have effect at the end of 30 June 2007 or, if the body's recognition is earlier withdrawn under section 203AH, at the end of the day on which the withdrawal of the recognition takes effect.
Limits on the period of recognition
(2D) However:
(a) if the body applied for recognition on the basis of an invitation in which the period of recognition was specified--the period of recognition specified in the instrument of recognition must be for the period stated in the invitation; and
(b) if the body applied for recognition on the basis of an invitation in which no period of recognition was specified--the period of recognition specified in the instrument of recognition must be:
(i) unless subsection (2E) applies, of no less than 2 years; and
(ii) of no more than 6 years.
(2E) The period specified may be of less than 2 years, but no less than 1 year, if:
(a) the body is under external administration; or
(b) a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or
(c) the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).
16 Subsection 203AD(3)
Omit "The", substitute "Subject to subsection (1A), the".
17 Subsection 203AD(4)
Repeal the subsection (including the note), substitute:
(4) The Commonwealth Minister must not, under this section, recognise a body as the representative body for an area, with effect from a particular day, if a body has already been recognised as the representative body for all or part of the area, and that recognition will still be in effect on that day.
18 Section 203AE
Repeal the section, substitute:
(1) This section applies if the boundary of an area for which a body is the representative body adjoins an area for which there is no representative body.
Commonwealth Minister may extend area
(2) The Commonwealth Minister may, by legislative instrument, extend the area for which the body is the representative body, by adding the adjoining area, if the Commonwealth Minister is satisfied that, after the extension, the body will satisfactorily perform its functions in relation to the extended area.
Extension on application by the body or on Commonwealth Minister's own initiative
(3) The Commonwealth Minister may extend the area:
(a) on the application, in writing, of the body; or
(b) on the Commonwealth Minister's own initiative.
Notice that extension of area is being considered
(4) The Commonwealth Minister may only extend the area on his or her own initiative if, at least 60 days before deciding to extend the area, the Commonwealth Minister:
(a) notifies the body, in writing, that the extension is being considered; and
(b) notifies the public in the determined way that the extension is being considered.
(5) The notice to the body must:
(a) identify the proposed extension; and
(b) state the reasons why the Minister is considering extending the area; and
(c) invite the body to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the area should be extended.
The period specified must not begin before the day on which the notice is given to the body, and must be a period of at least 60 days.
(6) The notice to the public must invite the public to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the area should be extended. The period specified must not begin before the day on which notice is given to the body in accordance with subsections (4) and (5), and must be a period of at least 60 days.
Consideration of reports etc.
(7) In deciding whether to extend the area, the Commonwealth Minister may consider the following:
(a) any reports under section 203DF of audits or investigations of the body;
(b) any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2005 in relation to funding provided to the body under section 203C or 203FE of this Act;
(c) any notices that the Secretary of the Department has given to the Commonwealth Minister under section 203F in relation to the body.
Commonwealth Minister's consideration of other matters unaffected
(8) Subsection (7) does not limit any other matters that the Commonwealth Minister may take into account in deciding whether to extend the area.
Consideration of submissions
(9) In deciding whether to extend the area, the Commonwealth Minister must consider any submissions made by the body or the public within the periods referred to in subsections (5) and (6).
Notice of decision
(10) As soon as practicable after deciding whether to extend the area, the Commonwealth Minister must notify the body, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
When extension takes effect
(11) The extension of the area for which the body is the representative body takes effect on:
(a) the day on which the instrument extending the area is made; or
(b) if a later day is specified in that instrument--that day.
19 Section 203AF
Repeal the section, substitute:
203AF Variation of adjoining areas
(1) This section applies if the boundary of an area for which a body is the representative body adjoins the boundary of an area for which another body is the representative body.
Commonwealth Minister may vary areas
(2) The Commonwealth Minister may, by legislative instrument, vary the areas for which each body is the representative body if the Commonwealth Minister is satisfied that, after the variation, the bodies will satisfactorily perform their functions in relation to their respective areas.
Variation on application by the bodies or on Commonwealth Minister's own initiative
(3) The Commonwealth Minister may vary the areas:
(a) on the joint application, in writing, of the bodies; or
(b) on the Commonwealth Minister's own initiative.
Notice that variation of areas is being considered
(4) The Commonwealth Minister may only vary the areas on his or her own initiative if, at least 60 days before deciding to vary the areas, the Commonwealth Minister:
(a) notifies the bodies, in writing, that the variation is being considered; and
(b) notifies the public in the determined way that the variation is being considered.
(5) The notice to the bodies must:
(a) identify the proposed variation; and
(b) state the reasons why the Minister is considering varying the areas; and
(c) invite the bodies to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the areas should be varied.
The period specified must not begin before the day on which the notice is given to the bodies, and must be a period of at least 60 days.
(6) The notice to the public must invite the public to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the areas should be varied. The period specified must not begin before the day on which notice is given to the bodies in accordance with subsections (4) and (5), and must be a period of at least 60 days.
Consideration of reports etc.
(7) In deciding whether to vary the areas, the Commonwealth Minister may consider the following:
(a) any reports under section 203DF of audits or investigations of the bodies;
(b) any reports under section 193X of the Aboriginal and Torres Strait Islander Act 2005 in relation to funding provided to the bodies under section 203C or 203FE of this Act;
(c) any notices that the Secretary of the Department has given to the Commonwealth Minister under section 203F in relation to the bodies.
Commonwealth Minister's consideration of other matters unaffected
(8) Subsection (7) does not limit any other matters that the Commonwealth Minister may take into account in deciding whether to vary the areas.
Consideration of submissions
(9) In deciding whether to vary the areas, the Commonwealth Minister must consider any submissions made by the bodies or the public within the periods referred to in subsections (5) and (6).
Notice of decision
(10) As soon as practicable after deciding whether to vary the areas, the Commonwealth Minister must notify the bodies, in writing, of:
(a) the decision; and
(b) the reasons for the decision.
When variation takes effect
(11) The variation of the areas takes effect on:
(a) the day on which the instrument varying the areas is made; or
(b) if a later day is specified in that instrument--that day.
20 Subsections 203AG(1) and (2)
Repeal the subsections, substitute:
Grounds for reducing the area of representative bodies
(1) The Commonwealth Minister may, by legislative instrument, reduce the area for which a body is the representative body by excising a specified part of the area if the Commonwealth Minister is satisfied that the body is not satisfactorily performing its functions in relation to that part of the area.
Effect on remainder of areas
(2) The Commonwealth Minister must not reduce the area unless satisfied that, after the reduction, the body will satisfactorily perform its functions in relation to the remainder of the area.
21 Subsection 203AG(3)
Omit "90 days" (wherever occurring), substitute "60 days".
22 At the end of section 203AG
Add:
When reduction takes effect
(8) The reduction of the area for which the body is the representative body takes effect on:
(a) the day on which the instrument reducing the area is made; or
(b) if a later day is specified in that instrument--that day.
23 Subsection 203AH(1)
Omit "by written instrument", substitute "by legislative instrument".
24 Subsection 203AH(2)
Repeal the subsection, substitute:
Discretionary grounds for withdrawing recognition
(2) The Commonwealth Minister may, by legislative instrument, withdraw the recognition of a body as the representative body for an area if satisfied that:
(a) the body is not satisfactorily performing its functions; or
(b) there are serious or repeated irregularities in the financial affairs of the body.
25 Subsection 203AH(3)
Omit "90 days" (wherever occurring), substitute "60 days".
26 At the end of section 203AH
Add:
(8) The withdrawal of the recognition takes effect:
(a) on the day on which the instrument withdrawing recognition is made; or
(b) if a later day is specified in that instrument--that day.
27 Subsection 203AI(1)
Repeal the subsection, substitute:
Fairness of organisational structures and administrative processes
(1) In considering, for the purposes of making a decision under this Division in relation to a particular area, whether a body will satisfactorily perform, or is satisfactorily performing, its functions as a representative body, the Commonwealth Minister must take into account whether, in the Commonwealth Minister's opinion, the body's organisational structures and administrative processes will operate, or are operating, in a fair manner.
28 Paragraph 203BD(a)
Omit "the body", substitute "a body".
29 Paragraph 203CA(1)(d)
Repeal the paragraph, substitute:
(d) the giving of information relating to the expenditure of the money, including the production and publication of financial statements; and
30 Subsection 203CA(2)
Repeal the subsection.
31 Section 203D
Repeal the section.
32 Subsection 203DA(1) (second sentence)
Repeal the sentence, substitute:
It must keep those records in a way that allows them to be conveniently and properly audited in accordance with this Division.
33 Sections 203DC and 203DD
Repeal the sections.
34 Section 203DE
Repeal the section.
35 Paragraph 203DF(2)(b)
Repeal the paragraph, substitute:
(b) a failure to satisfactorily perform its functions.
36 Section 203DH
Before "A withdrawal", insert "(1)".
37 At the end of section 203DH
Add:
(2) The fact that the recognition of a body as a representative body for a particular area ceases to have effect does not affect the undertaking of an inspection and audit, or investigation, under section 203DF.
38 Paragraphs 203F(a) and (b)
Repeal the paragraphs.
39 Paragraph 203F(d)
After "there may be", insert "serious or repeated".
40 Paragraphs 203FB(3)(b) and (7)(b)
Omit "a grant of money", substitute "funding available".
41 After subsection 203FC(1)
Insert:
(1A) An instrument made under subsection (1) is not a legislative instrument.
42 Subsection 203FE(1)
Omit "for which there is no representative body".
Note: The heading to subsection 203FE(1) is replaced by the heading " Funding to perform functions of a representative body ".
44 Paragraph 203FE(3)(g)
Repeal the paragraph, substitute:
(g) the giving of information relating to the performance of the functions referred to in subsection (1) or (2), as the case requires, including the production and publication of financial statements.
45 After section 203FE
Insert:
203FEA Application of this Act to persons and bodies funded under subsection 203FE(1)
Subsection 203FE(1) body has the same obligations and powers as a representative body
(1) A person or body to whom funding is made available under subsection 203FE(1) to perform a function in respect of a particular area has the same obligations and powers in relation to the performance of that function as a body recognised as the representative body for that area would have in relation to the performance of that function.
Third parties should treat subsection 203FE(1) bodies in the same way as representative bodies
(2) A person (the third party ) has the same obligations and powers, in relation to a person or body to whom funding is made available under subsection 203FE(1) to perform a function in respect of a particular area, as the third party would have in relation to a body recognised as the representative body for that area who is performing, or has performed, that function.
Effect of certain provisions on subsection 203FE(1) bodies
(3) Without limiting subsection (1) or (2), the following provisions apply in the following ways:
(a) subsection 24DD(2) applies as if a person or body to whom funding is made available under subsection 203FE(1) to perform all of the functions of a representative body in respect of a specified area were the representative body for the area;
(b) section 203BD applies as if a person or body to whom funding is made available under subsection 203FE(1) to perform the facilitation and assistance functions in respect of a particular area were the representative body for the area;
(c) section 203FC applies in relation to a person or body to whom funding was made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area, but who has ceased to perform those functions in respect of that area, in the same way as it would apply in relation to a former representative body (as defined for the purposes of that section) who had performed those functions in respect of that area;
(d) section 203FCA applies:
(i) in relation to a person or body to whom funding is made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area--in the same way as it applies in relation to a representative body performing those functions in respect of that area; and
(ii) in relation to a person or body to whom funding was made available under subsection 203FE(1) to perform some or all of the functions of a representative body in respect of a particular area, but who has ceased to perform those functions in respect of that area--in the same way as it would apply in relation to a former representative body (as defined for the purposes of section 203FC) who had performed that function in respect of that area.
Inspection, audit and investigation under section 203DF not affected by funding ceasing
(4) The fact that:
(a) the period within which funding made available under subsection 203FE(1) is to be spent has expired; or
(b) funding under that subsection has otherwise ceased to be available;
does not affect the undertaking of an inspection and audit, or investigation, under section 203DF.
Further application may be prescribed
(5) Without limiting the other provisions of this section, the regulations may prescribe the way in which other provisions of this Act are to apply in relation to a person or body to whom funding is made available under subsection 203FE(1).
203FEB Application of this Act to persons and bodies funded under subsection 203FE(2)
Obligations and powers of persons and bodies to whom funding is made available
(1) A person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter has the same obligations and powers in relation to the performance of those functions in relation to that matter as a body recognised as the representative body for that area would have in relation to the performance of those functions in relation to that matter.
Obligations and powers of third parties in relation to those bodies
(2) A person (the third party ) has the same obligations and powers, in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, as the third party would have in relation to a body recognised as the representative body for the relevant area who is performing, or has performed, those functions in relation to that matter.
Section 203BD arrangements ineffective during funding period
(3) Subsection (4) applies if, as a result of a review under section 203FB of a refusal by a representative body for an area (the original body ) to perform facilitation and assistance functions in relation to a matter, funding is made available to a person or body under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to the matter.
(4) Despite section 203BD, the representative body for an adjoining area cannot perform those functions in relation to that matter during the period within which the funding is to be spent, even if that body enters into an arrangement with the original body to do so.
Effect of certain other provisions on subsection 203FE(2) bodies
(5) Without limiting subsection (1) or (2), the following provisions apply in the following ways:
(a) section 203FC applies in relation to a person or body to whom funding was made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, but who has ceased to perform those functions in relation to that matter, in the same way as it would apply in relation to a former representative body (as defined for the purposes of that section) who had performed those functions in relation to that matter;
(b) section 203FCA applies:
(i) in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter--in the same way as it would apply in relation to a representative body performing those functions in relation to that matter; and
(ii) in relation to a person or body to whom funding was made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, but who has ceased to perform those functions in relation to that matter--in the same way as it would apply in relation to a former representative body (as defined for the purposes of section 203FC) who had performed those functions in relation to that matter.
Inspection, audit and investigation under section 203DF not affected by funding ceasing
(6) The fact that:
(a) the period within which funding made available under subsection 203FE(2) is to be spent has expired; or
(b) funding under that subsection has otherwise ceased to be available;
does not affect the undertaking of an inspection and audit, or investigation, under section 203DF.
Further application may be prescribed
(7) Without limiting the other provisions of this section, the regulations may prescribe the way in which other provisions of this Act are to apply in relation to a person or body to whom funding is made available under subsection 203FE(2).
203FEC Certain provisions do not apply to persons and bodies funded under subsection 203FE(1) or (2)
(1) Section 203C does not apply in relation to the performance of a function, or the exercise of a power in relation to the performance of a function, by a person or body if funding is made available to the person or body under subsection 203FE(1) or (2) to perform the function.
(2) Section 203F does not apply in relation to:
(a) the performance of a function by a person or body; or
(b) serious or repeated irregularities in the financial affairs of a person or body in relation to the performance of a function by the person or body;
if funding is made available to the person or body under subsection 203FE(1) or (2) to perform the function.
(3) Section 203FB does not apply in relation to a person or body to whom funding is made available under subsection 203FE(2) to perform specified facilitation and assistance functions in relation to a matter, to the extent that the section would otherwise apply to the performance of those functions in relation to that matter by that person or body.
(1) A person to whom funding is made available under subsection 203FE(1) or (2) to perform a function is not personally liable to an action or other proceeding for damages in relation to an act done or omitted to be done in good faith by the person in connection with the performance of the function, or the exercise of the person's powers in relation to the performance of the function.
(2) An executive officer or a member of a body to whom funding is made available under subsection 203FE(1) or (2) to perform a function is not personally liable to an action or other proceeding for damages in relation to an act done or omitted to be done in good faith by:
(a) the body; or
(b) the person in the capacity of executive officer or member of the body;
in connection with the performance of the function, or the exercise of powers in relation to the performance of the function.
46 Subsection 203FF(2)
Repeal the subsection.
47 Section 203FI
Omit ", 203FE and 203FG", substitute "and 203FE".
Legislative Instruments Act 2003
47A Subsection 54(2) (table item 26)
Omit "section 203AD, 203AE, 203AF or 203AG, subsection 203AH(1) or (2),", substitute "subsection".
48 Definition
In this Part:
commencing day means the day on which this Schedule commences.
49 Amendment made by item 7
The amendment made by item 7 applies to an invitation made on or after the commencing day.
50 Amendment made by item 12
The amendment made by item 12 applies to the recognition of an eligible body as a representative body for an area where the instrument of recognition is made on or after the commencing day.
51 Amendment made by item 13
The amendment made by item 13 applies to the recognition of an eligible body as a representative body for an area where that recognition takes effect on or after the commencing day.
52 Amendment made by item 18
The amendment made by item 18 applies to an extension of the area for which a body is the representative body where the instrument extending the area is made on or after the commencing day.
53 Amendment made by item 19
The amendment made by item 19 applies to a variation of areas where the instrument varying the areas is made on or after the commencing day.
54 Amendments made by items 20, 21 and 22
The amendments made by items 20, 21 and 22 apply to a reduction of the area for which a body is the representative body where the instrument reducing the area is made on or after the commencing day.
55 Amendment made by item 23
The amendment made by item 23 applies to the withdrawal of the recognition of a body as the representative body for an area where the instrument withdrawing the recognition of the body is made on or after the commencing day.
56 Amendments made by items 24, 25 and 26
The amendments made by items 24, 25 and 26 apply to the withdrawal of the recognition of a body as the representative body for an area where the instrument withdrawing the recognition of the body is made on or after the commencing day.
57 Amendment made by item 27
The amendment made by item 27 applies to the recognition of a body as the representative body for an area, the extension, variation or reduction of the area in respect of which a body is recognised, and the withdrawal of the recognition of a body, where the relevant instrument is made on or after the commencing day.
58 Amendment made by item 29
The amendment made by item 29 applies in relation to funds provided to a representative body under Division 4 of Part 11 of the Native Title Act 1993 on or after the commencing day.
59 Amendments made by items 33 and 34
The amendments made by items 33 and 34 apply in relation to financial years beginning on or after 1 July 2006.
60 Amendments made by items 42 and 43
The amendments made by items 42 and 43 apply to funding made available to a person or body on or after the commencing day.
61 Amendment made by item 44
The amendment made by item 44 applies to funds provided to a person or body under section 203FE of the Native Title Act 1993 on or after the commencing day.
62 Amendment made by item 45
The amendment made by item 45 applies to funding made available to a person or body under section 203FE of the Native Title Act 1993 on or after the commencing day.