Chapter 1
Introduction
The Committee's Duty
1.1 This report is prepared pursuant to s.206(c) of the Native Title
Act 1993 (hereafter the Act) as amended by the Land Fund and Indigenous
Land Corporation (ATSIC Amendment) Act 1995 (hereafter the ATSIC Amendment
Act). Section 206(c) of the Act requires the Committee to report
at its discretion to both Houses of Parliament on matters to which Parliament's
attention should be directed about annual reports prepared by the President
of the National Native Title Tribunal (NNTT) or by any person under Part
4A of the Aboriginal and Torres Strait Islander Commission Act 1989
(hereafter the ATSIC Act).
Reports under Consideration
1.2 Three annual reports prepared pursuant to s.206(c) of the Act are
examined in this report. They are the NNTT Annual Report 1997-98, the
Indigenous Land Corporation (ILC) Annual Report 1997-98 and the
report regarding the administration of the Aboriginal and Torres Strait
Islander Land Fund Reserve (the Land Fund) for the period 1997-98. The
Land Fund report is not separately documented, but is included in ATSIC's
Annual Report 1997-98 as Appendix 11. It is also reproduced (in part)
as Appendix 1 to the ILC annual report.
NNTT
1.3 Pursuant to s.133 of the Act, the NNTT President is required to prepare
an annual report and give it to the Commonwealth Minister as soon as practicable
after 30 June each year.
1.4 In its second, fourth, ninth and thirteenth reports, this Committee
reported on the Tribunal's first four annual reports. The fifth annual
report of the NNTT, that for 1997-98, was presented out of session on
4 November 1998; it was tabled in the Senate on 10 November and in the
House of Representatives on 11 November 1998.
ILC and Land Fund
1.5 The 1997-98 ILC report and the 1997-98 Land Fund report are the fourth
such publications produced. The previous reports prepared pursuant to
Part 4A of the ATSIC Act were examined by this Committee in its fifth,
eighth and thirteenth reports.
1.6 The Land Fund report responds to ATSIC's responsibility to keep accounts
and prepare financial statements for the Land Fund under s.193H of the
ATSIC Act. ATSIC also has investment powers in relation to the Land Fund.
The ATSIC annual report for 1997-98 (containing the Land Fund report)
was tabled in the Senate and the House of Representatives on 11 November
1998.
1.7 The 1997-98 annual report of the ILC (with part of the Land Fund
report appended) was presented out of session on 19 October. It was tabled
in the Senate on 10 November 1998 and in the House of Representatives
on 11 November 1998.
1.8 Notably, the ILC's first three annual reports were prepared pursuant
to s.63H of the Audit Act 1901 as applied by s.193K of the ATSIC
Act. The Commonwealth Authorities and Companies Act 1997 (the new
Act) has now replaced the Audit Act. Accordingly, the ILC's fourth annual
report, that for 1997-98, has been prepared pursuant to s.9 of the new
Act.
1.9 In regard to the Committee's duties concerning annual reports for
1997-98, there are no practical implications of this change in legislation.
As a consequence of the transitional provisions for the new Act, the ILC
report for 1997-98 remains subject to the Committee's scrutiny pursuant
to s.206(c) of the Native Title Act 1993.
1.10 However, as a result of the substitution of s.193K of the ATSIC
Act, and the operation of the Commonwealth Authorities and Companies
Act 1997, the Committee may not have the same statutory duty to examine
and report on ILC reports from 1998-99. In any event, the Committee anticipates
that it will continue to examine and report on the ILC's reports pursuant
to paragraph 1 of its terms of appointment passed by the House of Representatives
on 3 December 1998:
That the Committee have power to examine and report on such annual
and related reports as may be referred to it by the President of the
Senate or the Speaker of the House of Representatives.
Public Hearings
1.11 The Committee considered it desirable to hold public hearings prior
to the preparation of this report. Public hearings were held on 25 and
30 March 1999 where evidence was heard from the ILC and the NNTT respectively.
The Committee is grateful to the NNTT and the ILC for their continuing
cooperation in regard to the examination of annual reports.
Committee Report
1.12 This report was adopted by the Committee at a private meeting on
Wednesday 11 August 1999. The report considers the NNTT annual report
at Chapter 2, the Land Fund report at Chapter 3 and the ILC annual report
at Chapter 4.
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