Angus Taylor (Hume, Liberal Party, Assistant Minister for Cities and Digital Transformation) Share this | Hansard source

I move:

That this bill be now read a second time.

Today I introduce the Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Bill 2017, which would amend, and in some circumstances repeal, legislation within the Prime Minister and Cabinet portfolio, including the Indigenous Affairs portfolio.

Schedules 1 and 2 of the bill amend the Aboriginal and Torres Strait Islander Act 2005 and the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 to remove legal uncertainty and update outdated provisions.

The bill amends the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 to enable the Commonwealth and its portfolio bodies to waive the exercise of its statutory consent power by providing written notice to the Indigenous organisation concerned that consent to dispose of an interest in land is no longer required. These amendments will reduce red tape for the Commonwealth and provide opportunities to further the social, economic and cultural development of Aboriginal persons and Torres Strait Islanders.

Before its abolition in 2005, the Aboriginal and Torres Strait Islander Commission had powers to make certain grants or loans of money to individuals or bodies and to guarantee due payment of a loan made to individuals or bodies for the purpose of furthering social, economic or cultural development.

An organisation that acquired an interest in land with Commonwealth assistance could not dispose of the interest without the consent of the Aboriginal and Torres Strait Islander Commission.

In 2005, the ATSIC Amendment Act vested the Aboriginal and Torres Strait Islander Commission's statutory consent power in other Commonwealth agencies, including the department responsible for Indigenous Affairs and Indigenous Business Australia.

This measure will enable the appropriate consenting authority, such as Indigenous Business Australia or the Department of the Prime Minister and Cabinet, to waive the exercise of its statutory consent power by providing written notice to the organisation concerned that consent is no longer required.

Allowing these agencies to remove the consent requirement in particular cases will reduce the administrative burden and will support the more flexible use of assets by Indigenous organisations.

The government has consulted with Indigenous stakeholders on this amendment, which reaffirms the government's commitment to work with Indigenous people to empower Indigenous organisations and communities.

In addition, the bill streamlines the annual reporting requirements of Indigenous Business Australia by repealing the requirement for the responsible minister to table a corporate plan from Indigenous Business Australia, which duplicates reporting requirements in the Public Governance, Performance and Accountability Act 2013.

Schedule 3 of the bill repeals redundant legislation. The bill would repeal the Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978 and the Council for Aboriginal Reconciliation Act 1991. These two acts are both redundant, as the Commonwealth can no longer declare Aboriginal and Torres Strait Islander reserves in Queensland and the Council for Aboriginal Reconciliation is no longer in use.

Schedule 4 of the bill amends the Auditor-General Act 1997 to align the annual reporting requirements of the Auditor-General with his or her responsibility to the parliament, in line with international best practice for comparable auditing institutions.

Schedule 5 of the bill amends the Royal Commissions Act 1902 to make some changes to commission powers and to the offence provisions in the act. Those changes will not apply to the current royal commissions. A key change is to give a royal commission the power to require a person to give a written statement. This is an alternative to requiring a person to attend at a hearing to give evidence. This power was recommended by Commissioner Hanger in his report into the Home Insulation Program.

Changes to the offence provisions include increasing the penalty for failure to comply with a summons or notice to produce documents to a royal commission. This implements Commissioner Heydon's recommendation in the final report into trade union governance and corruption.

This bill reinforces the government's commitment to removing red tape and improving the administration of government and its agencies.

Debate adjourned.

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