Aboriginal Heritage Amendment Bill
2011
Introduction Print
EXPLANATORY MEMORANDUM
General
The Aboriginal Heritage Amendment Bill 2011 amends the Aboriginal
Heritage Act 2006.
Clause Notes
Clause 1
sets out the purposes of the Bill.
The purpose of the Bill is to amend the Aboriginal Heritage Act
2006 (the Principal Act) to validate certain acts, matters or
things, arising or done for the purposes of the Principal Act.
Clause 2
provides for the commencement of the Act.
The Act comes into operation on the day after the day on which
the Act receives the Royal Assent.
Clause 3
inserts a new section 197 in the Principal Act. New section 197
is a validation provision.
Subclause (1) provides that a director, officer or employee of a
RAP who, on or before the validation date, has made a decision
or taken any action or purported to make a decision or take any
action under section 63(1) of the Principal Act, on behalf of the
RAP, is by virtue of that section, taken to have been authorised
by the RAP to make the decision or take the action.
Subclause (2) provides that a decision or action or purported
decision or action to which subclause (1) applies, is a decision or
action made by the RAP under section 63(1) of the Principal Act.
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Subclause (3) provides that any action, matter or thing, taken,
arising or done as result of or in consequence of, or in reliance
upon, a decision or action or purported decision or action is
deemed to be and always have been valid and effective.
Subclause (4) sets out definitions of RAP and validation date for
the purposes of the section.
Clause 4
provides for the automatic repeal of the Act on the first
anniversary of its commencement. The repeal of the Act does
not affect in any way the continuing operation of the amendments
made by the Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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