EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 257

 

Issued by the Authority of the Minister for Families, Housing, Community Services and Indigenous Affairs

 

Corporations (Aboriginal and Torres Strait Islander) Act 2006

 

Corporations (Aboriginal and Torres Strait Islander) Amendment Regulations 2010 (No. 1)

 

The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the Act) and the Corporations (Aboriginal and Torres Strait Islander) Regulations 2007 (the Principal Regulations) provide for the regulation of Aboriginal and Torres Strait Islander corporations.

 

Subsection 633-1(1) of the Act provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The purpose of the Regulations is to amend the Principal Regulations to protect the name of Mary MacKillop from commercial exploitation by individuals or corporations who have no connection to her.

 

Paragraph 85-5(1)(c) of the Act provides that a name is unavailable to an Aboriginal or Torres Strait Islander corporation if the name is unacceptable for registration under the Principal Regulations, unless the consent of the Registrar of Aboriginal and Torres Strait Islander Corporations is given under paragraph 85-5(2)(b).

 

Subregulation 85-5.01(2) of the Principal Regulations provides that a name is unacceptable for registration if it is unacceptable under the rules set out in Part 2 of Schedule 1 to the Principal Regulations.

 

Paragraph 201(e) of Schedule 1 to the Principal Regulations provides that a name is unacceptable for registration if, in the context in which it is proposed to be used, the name suggests a connection with one of the listed groups of people or organisations and that connection does not exist.

 

The Regulations add the name ‘Mary MacKillop’ to the people or organisations listed under paragraph 201(e) of Schedule 1.

 

Details of the Regulations are set out in the Attachment.

 

The Act does not impose any conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

Consultation

 

The Registrar did not consult because the Registrar is satisfied that consultation is unnecessary and inappropriate in this case. The Act is a modern statute of incorporation that aligns with the Corporations Act 2001 in many significant respects. A similar protection to protect the name of Mary MacKillop will be inserted in the Corporations Act and the Corporations Regulations 2001.

 

Regulatory Impact Analysis

 

The Regulations do not require a Regulatory Impact Statement or a Business Cost Calculator Figure. The Regulations will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

 

ATTACHMENT

 

Details of the Corporations (Aboriginal and Torres Strait Islander) Amendment Regulations 2010 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the name of the Regulations is the Corporations (Aboriginal and Torres Strait Islander) Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of the Corporations (Aboriginal and Torres Strait Islander) Regulations 2007

 

This regulation provides that the Corporations (Aboriginal and Torres Strait Islander) Regulations 2007 (the Principal Regulations) are amended as set out in the Schedule.

 

Schedule 1 – Item 1

 

This item would amend Schedule 1, Part 2, subparagraph 201(e)(iv) of the Principal Regulations. It would insert the word ‘or’ after the name ‘Sir Donald Bradman’ and allow for the extension of the list of persons and organisations under subparagraph 201(e). It is a consequential amendment because of the amendment made by item 2.

 

Schedule 1 – Item 2

 

This item would amend Schedule 1, Part 2, paragraph 201(e) of the Principal Regulations by inserting subparagraph 201(e)(v) and the name ‘Mary MacKillop’. This item would make a name unacceptable for registration by an Aboriginal and Torres Strait Islander corporation if the name, in the context in which it is proposed to be used, suggests a connection with Mary MacKillop and that connection does not exist.