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Editors --- "Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 (SA) - Digest" [2005] AUIndigLawRpr 72; (2005) 9(4) Australian Indigenous Law Reporter 64


Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 (SA)

Act No 52 of 2005

Assented to 27 October 2005

4. Amendment of section 1–Short title

Section 1–delete ‘Pitjantjatjara’ and substitute:

Anangu Pitjantjatjara Yankunytjatjara

6. Insertion of section 4A

After section 4 insert:

4A–Objects

The objects of this Act are as follows:

(a) to provide for and subsequently acknowledge Anangu ownership of the lands;

(b) to establish Anangu Pitjantjatjara Yankunytjatjara as a body corporate and set out its powers and functions;

(c) to provide for efficient and accountable administration and management of the lands by Anangu Pitjantjatjara Yankunytjatjara.

8. Amendment of section 6 – Powers and functions of Anangu Pitjantjatjara Yankunytjatjara

(4) Section 6(2)(b)(iii)–delete subparagraph (iii) and substitute:

(iii) to grant a lease or licence, for a period not exceeding 10 years, in respect of any part of the lands to any other person or body of persons; and

(5) Section 6–after subsection (2) insert:

(3) Anangu Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period exceeding 5 years under subsection (2)(b)(i) or (iii) except in accordance with a resolution made at an annual general meeting or a special general meeting held in accordance with this Act.

(4) Subject to this or any other Act, a lease or licence relating to the lands may only be granted by resolution of the Executive Board.

(5) An application for a lease or licence under subsection (2)(b)(ii) must be considered, and a resolution made to determine the application, as soon as is reasonably practicable after the application is received by the Executive Board.

(8) The Executive Board–

(a) must not unreasonably withhold consent under subsection (6)(b); and

(b) must not require the payment of a fee for giving such consent, or considering an application for such consent, that exceeds the reasonable expenses of Anangu Pitjantjatjara Yankunytjatjara in relation to that act.

9. Amendment of section 8 – Annual general meetings and special general meetings

(1) Section 8(2)–delete subsection (2)

(2) Section 8(4)–delete subsection (4) and substitute:

(4) A special general meeting of Anangu Pitjantjatjara Yankunytjatjara must be held if–
(a) the Executive Board passes a resolution that such a meeting be held; or
(b) not less than 10 members of Anangu Pitjantjatjara Yankunytjatjara make a request to the Executive Board that such a meeting be held, and such a meeting must be held as soon as is reasonably practicable after the resolution is passed or request made (as the case requires).

10. Amendment of section 9 – Executive Board of Anangu Pitjantjatjara Yankunytjatjara

(1) Section 9(2)–delete subsection (2) and substitute:

(2) The Executive Board consists of 10 members elected or appointed in accordance with this Act.
(2a) A person may not, while holding office as the Director of Administration, the General Manager or an employee of Anangu Pitjantjatjara Yankunytjatjara, be a member of the Executive Board.

(2) Section 9(4)–delete ‘, subject to the provisions of the constitution relating to casual vacancies,’

(3) Section 9(5)–delete subsection (5)

(4) Section 9(6)(a)–delete ‘first’ and substitute:

third

(5) Section 9–after subsection (7) insert:

(8) The Minister must cause the electorates constituted by Schedule 3 to be reviewed not later than 3 months prior to each election (and such a review must include consultation with Anangu Pitjantjatjara Yankunytjatjara and the Executive Board).
(9) Subject to subsection (11), a member of the Executive Board must, within 3 months after being elected or appointed, commence a course of training related to corporate governance that has been approved by the Minister.
(10) The Minister must determine an application for approval of such a course within 28 days after receiving the application, and may, in determining whether to approve a course, take into consideration any matter the Minister thinks fit.
(11) The Minister may, by notice in writing, exempt a member of the Executive Board from the requirement under subsection (9) on any ground the Minister thinks fit.

11. Insertion of sections 9B to 9F

After section 9A insert:

9B–Functions and powers of the Executive Board

(1) The Executive Board is the governing body of Anangu Pitjantjatjara Yankunytjatjara.

(2) Subject to this Act, the Executive Board–

(a) is responsible for carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara and the day-to-day business of Anangu Pitjantjatjara Yankunytjatjara; and

(b) may, in carrying out the functions of Anangu Pitjantjatjara Yankunytjatjara, exercise any power conferred on Anangu Pitjantjatjara Yankunytjatjara by or under this Act.

(3) The Executive Board must, in carrying out its functions, endeavour to advance the interests of Anangu at all times.

(4) The Executive Board must comply with a resolution of Anangu Pitjantjatjara Yankunytjatjara made at an annual or special general meeting held in accordance with this Act that directs the Executive Board to act, or to not act, in a specified manner.

(5) An act of the Executive Board done in accordance with this Act is binding on Anangu Pitjantjatjara Yankunytjatjara.

9C–Chairperson and Deputy Chairperson

(1) Subject to this section, the Executive Board must elect 1 of its number to be the Chairperson, and 1 to be the Deputy Chairperson.

(2) An election of a Chairperson or Deputy Chairperson–

(a) must take place at the first meeting of the Executive Board following the office or offices of Chairperson or Deputy Chairperson (as the case requires) becoming vacant; and
(b) must, unless the election is uncontested, be by secret ballot.

(3) The office of Chairperson or Deputy Chairperson–

(a) becomes vacant on the day that an election is held under section 9; and
(b) becomes vacant when the Chairperson or Deputy Chairperson (as the case requires) resigns from that position by notice in writing given to–
(i) in the case of the resignation of the Chairperson–the Deputy Chairperson; or
(ii) in the case of the resignation of the Deputy Chairperson–the Chairperson; and
(c) becomes vacant when a casual vacancy occurs in the office of the member of the Executive Board who is the Chairperson or Deputy Chairperson (as the case requires); and
(d) becomes vacant when the casual vacancy referred to in paragraph (c) is filled in accordance with section 9D.

(4) The Chairperson is, in addition to his or her remuneration, allowances and expenses as a member of the Executive Board, entitled to an allowance determined by the Executive Board and approved by the Minister.

(5) The Minister must determine to approve, or not approve, the proposed allowance within 28 days after receiving the proposal, and may, in determining whether to approve the allowance, take into consideration any matter the Minister thinks fit.

9D–Casual Vacancies

(1) The Executive Board may, by resolution passed by at least a two-thirds majority, remove a member of the Executive Board from office if the member–

(a) becomes physically or mentally incapable of carrying out official duties satisfactorily; or
(b) fails to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
(c) is absent, without leave of the Executive Board, from 3 or more consecutive meetings (the first of which having been held 3 months or more before the last); or
(d) engages in serious misconduct.

(2) The office of a member of the Executive Board becomes vacant if the member–

(a) dies; or
(b) completes a term of office and is not re-elected or reappointed; or
(c) resigns by notice in writing addressed to the Chairperson; or
(d) is sentenced to imprisonment for an offence; or

(e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

(f) is appointed to the office of Director of Administration or General Manager or is employed by Anangu Pitjantjatjara Yankunytjatjara; or

(g) is removed from office by the Executive Board under subsection (1).

(3) Subsection (2)(d) does not apply until the period for appealing against the conviction has expired or, if an appeal is lodged within that period, until the appeal is finalised.

(4) The Minister may direct the Executive Board to remove a member from office who–

(a) has failed to comply with a duty imposed under section 12B, 12C, 12D or 12F; or
(b) has failed to attend 6 or more consecutive meetings of the Executive Board (the first of which having been held 6 months or more before the last).

12. Substitution of sections 10, 11 and 12

Sections 10, 11 and 12–delete the sections and substitute:

10–Procedure of the Executive Board

(1) The Chairperson must call a meeting of the Executive Board for the transaction of business at least once in every 2 months.

(2) 6 members constitute a quorum of the Executive Board.

11–Minister may call meetings

(1) If–

(a) the Chairperson refuses or fails to call a meeting of the Executive Board within 4 months after the previous meeting; or
(b) 2 or more successive meetings are inquorate, then the Minister may call a meeting of the Executive Board.

(2) The Minister may direct the members of the Executive Board to attend a meeting called under subsection(1).

12–Meetings to be open to all Anangu

(1) Subject to subsection (2), a meeting of the Executive Board must be open to all Anangu.

(2) The Executive Board may exclude Anangu, or a class of Anangu, who are not members of the Executive Board from a meeting, or part of a meeting, if, in the opinion of the Executive Board, there are reasonable grounds for so doing.

12B–Duty to exercise care and diligence

(1) A member of the Executive Board must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.

(2) A member of the Executive Board does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara.

12C–Duty to act honestly

A member of the Executive Board must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.

12D–Duty with respect to conflict of interest

(1) A member of the Executive Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Executive Board–

(a) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and
(b) must not take part in any discussion by the Executive Board relating to that matter; and
(c) must not vote in relation to that matter; and
(d) must be absent from the meeting room when any such discussion or voting is taking place.

(2) If a member of the Executive Board makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract–

(a) the contract is not liable to be avoided by the Executive Board; and
(b) the member is not liable to account to the Executive Board for profits derived from the contract.

12E–Civil liability for contravention of section12C or 12D

If a person who is a member of the Executive Board or a former member of the Executive Board fails to comply with a duty under section 12C or 12D, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction–

(a) if the person or any other person made a profit as a result of the failure–an amount equal to the profit; and

(b) if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure–compensation for the loss or damage.

12F–Code of conduct

(1) The Executive Board must prepare a code of conduct to be observed by members of the Executive Board, the Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara.

(2) The code of conduct must contain the following provisions:

(a) a provision requiring that a person referred to in subsection (1) must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except–
(i) as required or authorised by or under this Act or any other Act or law; or
(ii) with the consent of the person to whom the information relates; or
(iii) in connection with the administration of this Act;

(b) a provision requiring that a person referred to in subsection (1) must not engage in bullying of, harassment of or threatening behaviour towards any Anangu or persons employed by Anangu Pitjantjatjara Yankunytjatjara, in the course of, or the purported course of, official duties;

(c) a provision requiring that a person referred to in subsection (1) must declare any unsolicited gifts received by them in the course of, or related to, official duties;
(d) any other provision prescribed by the regulations.

(3) Subject to this Act, the Executive Board may at any time amend the code of conduct, or substitute a new code of conduct.

12G–Guidelines

(1) The Executive Board must, within 6 months after the commencement of this section, prepare and submit to the Minister for approval guidelines to be followed by the Executive Board and the General Manager when entering contracts or engaging in other commercial activities.

(2) Subsection (1) does not apply in relation to a lease or licence granted under this Act.

12H–Prudential requirements for certain activities

(1) The Executive Board must obtain and consider a report that addresses the prudential issues set out in subsection (2) before the Executive Board engages in any project (whether commercial or otherwise and including through participation in a joint venture, trust, partnership or other similar body) if the expected expenditure of Anangu Pitjantjatjara Yankunytjatjara in relation to the project is likely to exceed 20 per cent of Anangu Pitjantjatjara Yankunytjatjara’s approved budget for the year during which the project would be undertaken.

(4) A copy of the report must be provided to the Minister as soon as practicable after being received by the Executive Board.

13. Amendment of section 13–Accounts and audit

Section 13(2)–delete subsection (2) and substitute:

(2) The Executive Board must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor.

(3) The Auditor-General may audit the accounts of Anangu Pitjantjatjara Yankunytjatjara at any time.

(4) The Executive Board must, at the annual general meeting of Anangu Pitjantjatjara Yankunytjatjara–

(a) make copies of the audited accounts for the financial year ending on the preceding 30 June available to Anangu; and
(b) provide an explanation of the audited accounts, or a part of the audited accounts, if requested by any Anangu.

14. Insertion of section 13A and Part 2 Division 4A and 4B

After section 13 insert:

13A–Reports and Budget

(1) The Executive Board must, not later than 31 December in each year, prepare and submit to the Minister an annual report on the operations of the Executive Board during the financial year ending on the preceding 30 June (and must provide a copy of the audited accounts for that financial year with the annual report).

(2) The Executive Board must, not later than the prescribed day in each year, prepare and submit to the Minister for approval a budget setting out estimates of the Executive Board’s proposed expenditure for the next financial year or for some other period determined by the Minister.

(3) The Minister may, if he or she is satisfied that the Executive Board has refused or failed to perform or discharge a function or duty under this Act, by notice in writing, direct the Executive Board to prepare a report on the matter.

(6) The Minister must determine to approve, or not approve, a budget within 28 days after receiving the proposed budget, and may, in determining whether to approve the budget, take into consideration any matter the Minister thinks fit.

Division 4A–Director of Administration and General Manager
13B–Director of Administration

(1) There will be a Director of Administration for the lands.

(2) The Director of Administration will be appointed by the Executive Board.

(4) The Director of Administration will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

(5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit.

13C–Functions of Director of Administration

The functions of the Director of Administration are–

(a) to oversee the implementation of resolutions of Anangu Pitjantjatjara Yankunytjatjara and the Executive Board; and

(b) to carry out any other functions assigned to the Director of Administration–
(i) in the instrument of appointment; or
(ii) by the Minister after consultation with the Executive Board.

13D–General Manager

(1) There will be a General Manager for the lands.

(2) The General Manager will be appointed by the Executive Board.

(4) The General Manager will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

(5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit.

13E–Functions of General Manager

The functions of the General Manager are–

(a) to implement the resolutions of the Executive Board in a timely and efficient manner; and

(b) to undertake responsibility for the day-to-day operations and affairs of Anangu Pitjantjatjara Yankunytjatjara; and

(c) to ensure that records required under this or another Act are properly kept and maintained; and
(d) to discharge any duties under this or any other Act relating to financial and annual reports; and

(e) to ensure that the assets and resources of Anangu Pitjantjatjara Yankunytjatjara are properly managed and maintained; and

(f) to exercise, perform or discharge any other powers, functions or duties conferred on the General Manager by or under this or any other Act.

13F–Director of Administration and General Manager subject to direction

If an Administrator is appointed in accordance with section 13O, the Director of Administration and the General Manager are subject to the direction and control of the Administrator.

13G–Termination of appointment of Director of Administration or General Manager by Executive Board

(1) The Executive Board may terminate the appointment of the Director of Administration or the General Manager if the Director of Administration or the General Manager (as the case requires)–

(a) becomes physically or mentally incapable of carrying out official duties satisfactorily; or
(b) fails, without reasonable excuse, to carry out official duties to the performance standards specified in the instrument of appointment; or
(c) fails to comply with a duty imposed under section 12F, 13H, 13I or13J; or
(d) engages in serious misconduct; or
(e) in the case of the General Manager–
(i) is convicted of an indictable offence; or
(ii) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors.

(2) The appointment of the Director of Administration or the General Manager may only be terminated by resolution passed by at least a two-thirds majority of the members of the Executive Board.

(3) The office of Director of Administration or the General Manager becomes vacant if the Director of Administration or General Manager (as the case requires)–

(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by notice in writing addressed to the Executive Board; or
(d) is sentenced to imprisonment for an offence; or

(e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

(f) is removed from the office by the Executive Board under subsection (1).

(4) The Minister may direct the Executive Board to terminate the appointment of the Director of Administration or the General Manager if he or she–

(a) in the case of the General Manager–is convicted of an indictable offence; or
(b) in any case–has failed to comply with a duty imposed under section 12F, 13H, 13I or 13J.

(5) Subsections (1)(e)(i), (3)(d) and (4)(a) do not apply until the period for appealing against the conviction has expired or, if an appeal is lodged within that period, until the appeal is finalised.

(6) If the Director of Administration or General Manager is temporarily absent, or temporarily unable to discharge his or her official duties, the Executive Board may appoint a person in accordance with this section to act in the position of Director of Administration or General Manager (as the case requires) during the period during which Director of Administration or General Manager (as the case requires) is absent or unable to discharge his or her official duties.

(7) If a casual vacancy occurs in the office of Director of Administration or General Manager, the Executive Board must, as soon as practicable after the vacancy occurs, appoint a person in accordance with this section to fill the vacancy.

13H–Duty to exercise care and diligence

(1) The Director of Administration and General Manager must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.

(2) The Director of Administration or General Manager does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara.

13I–Duty to act honestly

The Director of Administration and General Manager must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.

13J–Duty with respect to conflict of interest

(1) If the Director of Administration or General Manager has a direct or indirect personal or pecuniary interest in a matter in relation to which he or she is required or authorised to act in the course of official duties, he or she–

(a) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and
(b) must not, unless the Executive Board otherwise determines, act in relation to the matter.

(2) If the Director of Administration or General Manager makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract–

(a) the contract is not liable to be avoided by the Executive Board; and
(b) the Director of Administration or General Manager (as the case requires) is not liable to account to the Executive Board for profits derived from the contract.

(3) If the Director of Administration or General Manager fails to make a disclosure of interest in respect of a proposed contract, the contract is liable to be avoided by the Executive Board.

(4) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.

(5) If the Director of Administration or General Manager has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her official duties, the Director of Administration or General Manager (as the case requires) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office.

(6) A disclosure under this section must be recorded in the minutes of the Executive Board and reported to the Minister.

(7) If, in the opinion of the Executive Board, a particular interest or office of the Director of Administration or General Manager is of such significance that the holding of the interest or office is not consistent with the proper discharge of the official duties of the Director of Administration or General Manager (as the case requires), the Executive Board may require the Director of Administration or General Manager (as the case requires) either to divest himself or herself of the interest or office or to resign from the office of Director of Administration or General Manager (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for termination of the appointment of the Director of Administration or the General Manager).

(8) The Director of Administration and the General Manager are exempt from this section in respect of an interest in a matter–

(a) while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the Director of Administration or the General Manager the burden will lie on Director of Administration or the General Manager (as the case requires) to prove that he or she was not, at the material time, aware of his or her interest; or
(b) that is shared in common with Anangu generally, or a substantial section of Anangu.

13K–Civil liability for contravention of section 13I or 13J

If the Director of Administration or the General Manager, or a former Director of Administration or General Manager, fails to comply with a duty under section 13I or 13J, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction–

(a) if the person or any other person made a profit as a result of the failure–an amount equal to the profit; and
(b) if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure–compensation for the loss or damage.

13L–Appointment etc by General Manager

(1) Subject to this Act, the General Manager is responsible for appointing, managing, suspending and dismissing the employees of Anangu Pitjantjatjara Yankunytjatjara on behalf of Anangu Pitjantjatjara Yankunytjatjara.

(2) The General Manager may only appoint an employee of Anangu Pitjantjatjara Yankunytjatjara–

(a) if the appointment is consistent with the approved budget for the financial year in which the appointment is to be made; or
(b) with the approval of the Executive Board and the Minister.

(3) Subject to this Act, the remuneration and other conditions of service of an employee of Anangu Pitjantjatjara Yankunytjatjara will be as determined by the General Manager.

(4) The General Manager must, in the exercise of powers under this section, comply with any relevant Act, award or industrial agreement.

(5) Suspension of an employee by the General Manager does not affect a right to remuneration in respect of the period of suspension.

(6) The Minister must determine to approve, or not approve, a proposed appointment under subsection (2)(b) within 28 days after receiving the proposal, and may, in determining whether to approve the appointment, take into consideration any matter the Minister thinks fit.

13M–Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board

The Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara are not subject to direction by an individual member of the Executive Board unless the member of the Executive Board is acting in accordance with a resolution of the Executive Board.

Division 4B–Limited intervention by Minister
13N–Minister may direct Executive Board

(1) If the Minister is satisfied that–

(a) the Executive Board has refused or failed to exercise, perform or discharge a power, function or duty under the Act or the constitution; and
(b) the refusal or failure has resulted in, or will result in, a detriment to Anangu generally, or to a substantial section of Anangu,

the Minister may direct the Executive Board to take such action as the Minister requires to correct or prevent such detriment.

(2) If the requirements of a direction under subsection (1) are not complied with, the Minister may take any action required by the direction.

(3) Action taken by the Minister may be taken on the Minister’s behalf by a member of the Minister’s department, or another person authorised by the Minister for the purpose.

(4) A person must not hinder or obstruct the Minister or another person taking action under subsection (2).

Maximum penalty: $5000.

13O–Minister may suspend Executive Board

(1) If the Executive Board refuses or fails to comply with a direction of the Minister under section 9D(4), 13A(3), 13G(4) or 13N, or not less than 4 members of the Executive Board refuse or fail to attend a meeting called by the Minister under section 11, the Minister may, by notice in the Gazette, suspend the Executive Board for a period specified in the notice or until further notice in the Gazette.

(2) Despite any other provision of this Act, if the Executive Board is suspended the following provisions apply:

(a) the Minister may, by notice in the Gazette, appoint an Administrator, on terms and conditions determined by the Minister, to administer the affairs of Anangu Pitjantjatjara Yankunytjatjara in the name of, and on behalf of, Anangu Pitjantjatjara Yankunytjatjara during the period of the suspension;
(b) the Administrator is entitled to remuneration, allowances and expenses determined by the Minister;
(c) the Minister may remove a person from the office of Administrator for any reason the Minister thinks fit;
(d) the office of Administrator becomes vacant if the Administrator–
(i) dies; or
(ii) completes a term of office; or
(iii) resigns by written notice to the Minister; or
(iv) is removed from office under paragraph(c);
(e) the Minister may appoint a person to act as the Administrator–
(i) during a vacancy in the office of Administrator; or
(ii) when the Administrator is absent from, or unable to discharge, official duties;
(f) the Administrator has all the functions and powers of Anangu Pitjantjatjara Yankunytjatjara;

(k) the Administrator must cause proper accounts to be kept of the financial affairs of Anangu Pitjantjatjara Yankunytjatjara and must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor;
(l) to avoid doubt–
(i) the Administrator must, in the course of the administration, endeavour to advance the interests of Anangu at all times;
(ii) the Administrator must comply with section 4(2) and section 7 and any other provision of this Act that requires consultation with, or a resolution of, Anangu Pitjantjatjara Yankunytjatjara.

15. Substitution of section 14

Section 14–delete the section and substitute:

14–Constitution

(1) Subject to this Act, the proceedings of Anangu Pitjantjatjara Yankunytjatjara and the administration of its affairs will be governed by a constitution determined by Anangu Pitjantjatjara Yankunytjatjara and approved in accordance with this section.

(2) The constitution must, within 12 months after the commencement of this section–

(a) be amended so as to be consistent with the Act; and
(b) be submitted to the Minister for approval.

25. Substitution of section 35

Section 35–delete the section and substitute:

35–Conciliator

(1) There will be a conciliator for the lands.

(2) The conciliator will be appointed by the Minister, with the approval of Anangu Pitjantjatjara Yankunytjatjara, for a term, and on conditions, determined by the Minister.

32. Review of Act by Minister

(1) The Minister responsible for the administration of the Pitjantjatjara Land Rights Act 1981 (the Minister) must cause an independent review of the operation of the amendments effected by this Act to be conducted and a report on the results of the review to be submitted to him or her.

(2) The review must be conducted by a panel of 3 persons of whom–

(a) 1 must be an Anangu nominated by the Executive Board of Anangu Pitjantjatjara Yankunytjatjara; and
(b) 2 must be persons selected by the Minister with the agreement of the Executive Board of Anangu Pitjantjatjara Yankunytjatjara.

(3) The Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from Anangu Pitjantjatjara Yankunytjatjara, the Executive Board of Anangu Pitjantjatjara Yankunytjatjara and the Aboriginal Lands Parliamentary Standing Committee.

(4) The review and the report must be completed before the third anniversary of the commencement of section 1.

(5) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

(6) In this section–

Anangu has the same meaning as in the Pitjantjatjara Land Rights Act 1981.

The full text of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981(SA), as amended by the Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 (SA), is available online at <http://www.parliament.sa.gov.au/dbsearch/acts-list.htm> .

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