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This is a Bill, not an Act. For current law, see the Acts databases.
Treaty Authority and Other Treaty Elements
Act 2022
No. of 2022
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 2
1 Purposes 2
2 Commencement 3
3 Definitions 3
4 Construction of Act 3
5 Act ceases effect when Treaty Authority is dissolved in
accordance with the Treaty Authority Agreement 3
Part 2--The Treaty Authority 4
Division 1--Legal capacity, functions and powers 4
6 What is the Treaty Authority? 4
7 Legal capacity of Treaty Authority 4
8 Additional functions of Treaty Authority 4
9 Powers of Treaty Authority 5
10 Performance of functions and exercise of powers within and
outside Victoria 5
11 Execution of documents (including deeds) by Treaty Authority 5
12 Signed documents presumed to be validly executed documents
of Treaty Authority 6
13 Recording of dealings on Register under Transfer of Land
Act 1958 6
Division 2--Specific powers 7
14 Employment of staff and engagement of consultants 7
15 Delegation 7
Division 3--Financial 7
16 Funding of certain activities and expenditures out of the
Consolidated Fund 7
17 Liabilities of Treaty Authority 10
Division 4--Members and employees of the Treaty Authority 10
18 Immunity 10
i
Clause Page
Division 5--Financial reporting 11
19 Financial Management Act 1994 to apply to Treaty Authority 11
Part 3--Amendment of Advancing the Treaty Process with
Aboriginal Victorians Act 2018 12
20 New section 34A inserted 12
21 Aboriginal Representative Body to administer
self-determination fund 12
22 Repeal of amending Part 12
═════════════
Endnotes 13
1 General information 13
ii
Treaty Authority and Other Treaty
Elements Act 2022
No. of 2022
[Assented to ]
Preamble
By this Act, Aboriginal Victorians and the State
take another step on the pathway towards treaty by
making provision in relation to the Treaty
Authority. The Treaty Authority is a necessary
element in advancing the treaty process and has the
functions given by section 28 of the Advancing
the Treaty Process with Aboriginal Victorians
Act 2018. To perform these functions, the Treaty
Authority must be, and must be perceived to be,
independent from and free of interference by any
party to the treaty process. To secure this
independence, the Treaty Authority is established
by the Treaty Authority Agreement made under
Part 4 of the Advancing the Treaty Process with
Aboriginal Victorians Act 2018. The First
Peoples' Assembly of Victoria, as the Aboriginal
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Treaty Authority and Other Treaty Elements Act 2022
Representative Body under the Advancing the
Treaty Process with Aboriginal Victorians
Act 2018, and the State have come together as
2 equal parties to establish the Treaty Authority by
agreement. Under the Treaty Authority Agreement,
the Treaty Authority comprises individuals whose
collective wisdom and guidance will enable treaty
negotiations to proceed on equal footing and with
respect for Aboriginal lore, law and cultural
authority. This Act upholds the independence of
the Treaty Authority, gives legal force to the
Treaty Authority's dealings and relationships and
exists alongside the Advancing the Treaty
Process with Aboriginal Victorians Act 2018.
The Parliament of Victoria therefore enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to make provision in relation to the Treaty
Authority by--
(i) recognising the Treaty Authority's
establishment under the Treaty
Authority Agreement; and
(ii) facilitating the operation of the Treaty
Authority by giving legal force to its
activities; and
(b) to amend the Advancing the Treaty
Process with Aboriginal Victorians
Act 2018 in relation to the treaty negotiation
framework and the administration of the
self-determination fund.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 1--Preliminary
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Definitions
In this Act--
function, of the Treaty Authority, means--
(a) a function referred to in section 28(1)
or (2) of the Advancing the Treaty
Process with Aboriginal Victorians
Act 2018; or
(b) a function referred to in section 8;
member of the Treaty Authority--see
section 6(2);
Treaty Authority--see section 6;
Treaty Authority Agreement means the agreement
establishing the Treaty Authority entered
into by the Aboriginal Representative Body
and the State pursuant to section 27 of the
Advancing the Treaty Process with
Aboriginal Victorians Act 2018.
4 Construction of Act
This Act is to be read as if it formed part of the
Advancing the Treaty Process with Aboriginal
Victorians Act 2018.
5 Act ceases effect when Treaty Authority is dissolved
in accordance with the Treaty Authority Agreement
This Act ceases effect on the day on which the
Treaty Authority is dissolved in accordance with
the Treaty Authority Agreement.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
Part 2--The Treaty Authority
Division 1--Legal capacity, functions and powers
6 What is the Treaty Authority?
(1) The Treaty Authority is the entity established
under the Treaty Authority Agreement.
(2) For the purposes of this Act, the Treaty Authority
consists of the requisite number of members
(including acting members), as specified under the
Treaty Authority Agreement, who are appointed,
from time to time, in accordance with the Treaty
Authority Agreement.
7 Legal capacity of Treaty Authority
(1) The Treaty Authority--
(a) subject to this Act, has perpetual succession
as if it were a body corporate; and
(b) may sue and be sued in its name; and
(c) subject to this Act, may acquire or hold
(whether on trust or absolutely) and dispose
of real and personal property in its name.
(2) The Treaty Authority has the legal capacity of an
individual and may do and suffer all acts and
things that a body corporate may by law do and
suffer.
8 Additional functions of Treaty Authority
Without limiting section 28 of the Advancing the
Treaty Process with Aboriginal Victorians
Act 2018, the Treaty Authority has any other
function agreed to by the parties under the Treaty
Authority Agreement before, on or after the
commencement of this section.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
9 Powers of Treaty Authority
(1) The Treaty Authority has power to do all things
that are necessary or convenient to be done for or
in connection with the performance of its
functions.
(2) Without limiting subsection (1), the Treaty
Authority may--
(a) enter into any agreements or arrangements in
connection with its functions; and
(b) participate in the formation of companies,
trusts, partnerships and other bodies; and
(c) become a member of a company limited by
guarantee; and
(d) acquire, hold and dispose of company shares
or an interest in a partnership or other body;
and
(e) act as trustee.
10 Performance of functions and exercise of powers
within and outside Victoria
The Treaty Authority may perform its functions
and exercise its powers--
(a) within and outside Victoria; and
(b) outside Australia.
11 Execution of documents (including deeds) by Treaty
Authority
(1) The Treaty Authority may execute a document if
the document is signed by 2 members of the
Treaty Authority.
(2) The Treaty Authority may execute a document as
a deed if the document is expressed to be executed
as a deed and is executed in accordance with
subsection (1).
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
(3) The Treaty Authority may execute a document as
a deed in accordance with subsection (1) without
that execution being witnessed.
(4) Delivery is not necessary if the Treaty Authority
executes a document as a deed in accordance with
subsection (1).
12 Signed documents presumed to be validly executed
documents of Treaty Authority
If a document purports to have been signed by
2 members of the Treaty Authority, it is
presumed, unless the contrary is proved, that--
(a) the document was signed by each of those
persons in their capacity as members of the
Treaty Authority; and
(b) the persons were each a member of the
Treaty Authority when the document was
signed; and
(c) the document was duly executed by the
Treaty Authority.
13 Recording of dealings on Register under Transfer of
Land Act 1958
(1) If the Treaty Authority acquires any land, any
recording in the Register by the Registrar of Titles
of the acquisition must be made in the name of the
Treaty Authority as registered proprietor as if the
Treaty Authority were a body corporate.
(2) If the Treaty Authority disposes of or otherwise
deals with any land held in the name of the Treaty
Authority, any recording in the Register by the
Registrar of Titles of the disposition or dealing
must be made in the name of the Treaty Authority
as if the Treaty Authority were a body corporate.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
(3) If the Treaty Authority lodges with the Registrar
of Titles any dealing in relation to any land, the
Registrar must make any recording in the Register
in relation to that dealing in the name of the
Treaty Authority as if the Treaty Authority were a
body corporate.
(4) In this section--
Register means the Register under the Transfer
of Land Act 1958.
Division 2--Specific powers
14 Employment of staff and engagement of consultants
Without limiting section 9(1), the Treaty
Authority may--
(a) employ any employees that are necessary to
enable it to perform its functions or to
exercise its powers; and
(b) engage consultants to assist with the
performance of its functions or the exercise
of its powers.
15 Delegation
The Treaty Authority, by instrument, may
delegate a function or power of the Treaty
Authority under this Act (other than this power of
delegation) to a member or employee of, or
consultant engaged by, the Treaty Authority.
Division 3--Financial
16 Funding of certain activities and expenditures out of
the Consolidated Fund
(1) Subject to subsection (2), in the 2022-2023
financial year and in every financial year after that
year, there is to be paid out of the Consolidated
Fund (which is appropriated to the necessary
extent) an amount to be applied towards--
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
(a) the payment of the remuneration of and
expenses to members of the Treaty Authority
in the financial year in which the amount is
appropriated; and
(b) fulfilling liabilities incurred by the Treaty
Authority arising out of the performance of
its functions or the exercise of its powers, or
that attach to the Treaty Authority under
section 18, that become payable in the
financial year in which the amount is
appropriated; and
(c) meeting costs incurred in relation to
liabilities referred to in paragraph (b).
(2) An amount that is appropriated for the purposes of
subsection (1) must not exceed the amount
specified in column 3 of the Table for the
financial year specified in column 2 of the Table
opposite that amount.
Table
Column 1 Column 2 Column 3
Maximum
appropriated
Item Financial year amount
1 2022-2023 $6 500 000
2 2023-2024 $14 500 000
3 2024-2025 $19 200 000
4 2025-2026 and every $20 300 000
financial year after
2025-2026
(3) Subject to subsection (4), in the financial years
2022-2023 to 2025-2026 there is to be paid out of
the Consolidated Fund (which is appropriated to
the necessary extent) an amount for use as capital
expenditure by the Treaty Authority in the
financial year in which the amount is
appropriated.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
(4) An amount that is appropriated for the purposes of
subsection (3) must not exceed the amount
specified in column 3 of the Table for the
financial year specified in column 2 of the Table
opposite that amount.
Table
Column 1 Column 2 Column 3
Maximum
appropriated
Item Financial year amount
1 2022-2023 $800 000
2 2023-2024 $1 700 000
3 2024-2025 $1 700 000
4 2025-2026 $1 700 000
(5) The Minister and Treasurer may agree for
amounts, in addition to those appropriated under
subsection (1) or (3), to be paid in a financial year
to the Treaty Authority for specified purposes.
(6) The Treasurer must publish notice of an
agreement under subsection (5) in the
Government Gazette.
(7) A notice under subsection (6) must specify--
(a) the amount agreed by the Minister and
Treasurer to be paid to the Treaty Authority;
and
(b) the purpose for the payment of the amount;
and
(c) the financial year in which the amount is to
be paid to the Treaty Authority.
(8) On publication of a notice under subsection (6),
there is to be paid out of the Consolidated Fund
(which is appropriated to the necessary extent), in
the financial year specified in the notice, the
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
amount specified in the notice for payment to the
Treaty Authority.
17 Liabilities of Treaty Authority
(1) A liability incurred as a result of the performance
of a function or exercise of a power by the Treaty
Authority is to be fulfilled through the application
of the property of the Treaty Authority to that
liability.
(2) A member of the Treaty Authority is not
personally liable for anything done or omitted to
be done by the Treaty Authority in the
performance of a function or the exercise of a
power by the Treaty Authority.
Division 4--Members and employees of the Treaty
Authority
18 Immunity
(1) A member of the Treaty Authority, or an
employee of the Treaty Authority, is not
personally liable for anything done or omitted to
be done in good faith--
(a) in the performance of a function or exercise
of a power under a delegation under
section 15; or
(b) in the reasonable belief that the act or
omission was in the performance of a
function or the exercise of a power under a
delegation under section 15.
(2) Any liability resulting from an act or omission
that, but for subsection (1), would attach to a
person to whom this section applies attaches
instead to the Treaty Authority.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 2--The Treaty Authority
Division 5--Financial reporting
19 Financial Management Act 1994 to apply to Treaty
Authority
Section 53A of the Financial Management
Act 1994 applies to the Treaty Authority as if--
(a) subsections (1) and (2) of that section were
omitted; and
(b) in subsections (3) to (7) of that section, a
reference to a "body to which this section
applies", "the body" or "that body" were a
reference to the Treaty Authority.
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Part 3--Amendment of Advancing the Treaty Process with Aboriginal
Victorians Act 2018
Part 3--Amendment of Advancing the
Treaty Process with Aboriginal Victorians
Act 2018
20 New section 34A inserted
After section 34 of the Advancing the Treaty
Process with Aboriginal Victorians Act 2018
insert--
"34A Aboriginal Representative Body may be a
party to treaty negotiations
Nothing in this Act prevents the entity that is
the Aboriginal Representative Body from
entering into treaty negotiations.".
21 Aboriginal Representative Body to administer
self-determination fund
At the end of section 37 of the Advancing the
Treaty Process with Aboriginal Victorians
Act 2018 insert--
"(2) Without limiting subsection (1), the
Aboriginal Representative Body may, for the
purpose of performing its duty under that
subsection, appoint a company, wholly
owned by the Aboriginal Representative
Body, to hold the self-determination fund on
trust consistent with the purposes specified
in section 36.".
22 Repeal of amending Part
This Part is repealed on the first anniversary of its
commencement.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by the Part (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Treaty Authority and Other Treaty Elements Act 2022
No. of 2022
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to provide
for various matters in relation to the Treaty Authority, to amend the
Advancing the Treaty Process with Aboriginal Victorians Act 2018
and for other purposes."
By Authority. Government Printer for the State of Victoria.
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