Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Act 2023 (57 of 2023)

Schedule 1   Amendments

Part 1   Amendments

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

30   Before section 35

Insert:

34F Meaning of fit and proper person

(1) For the purposes of this Act, a person is a fit and proper person unless:

(a) the following conditions are satisfied:

(i) the person has been convicted of an offence against a law of the Commonwealth, a State or a Territory (not involving dishonesty, violence or an offence against a child) and sentenced to a period of imprisonment of 12 months or more;

(ii) if the person does not serve a term of imprisonment - less than 5 years have elapsed since the day on which the person was convicted;

(iii) if the person serves a term of imprisonment - the person is in prison or less than 5 years have elapsed since the day on which the person was released from prison; or

(b) the following conditions are satisfied:

(i) the person has been convicted of an offence against a law of the Commonwealth, a State or a Territory involving dishonesty, violence or an offence against a child and sentenced to a period of imprisonment of 3 months or more;

(ii) if the person does not serve a term of imprisonment - less than 10 years have elapsed since the day on which the person was convicted;

(iii) if the person serves a term of imprisonment - the person is in prison or less than 10 years have elapsed since the day on which the person was released from prison; or

(c) the following conditions are satisfied:

(i) the person has been convicted of an offence against a law of a foreign country that is punishable by imprisonment for a period of 12 months or more;

(ii) the offence is constituted by conduct that, if engaged in in the Jervis Bay Territory, would constitute an offence against a law of the Commonwealth or that Territory;

(iii) if the person does not serve a term of imprisonment - less than 5 years have elapsed since the day on which the person was convicted;

(iv) if the person serves a term of imprisonment - the person is in prison or less than 5 years have elapsed since the day on which the person was released from prison; or

(d) the person is an undischarged bankrupt under:

(i) a law of the Commonwealth; or

(ii) a law of an external Territory; or

(iii) a law of a foreign country; or

(e) the following conditions are satisfied:

(i) the person has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 or a similar law of an external Territory or a foreign country;

(ii) the terms of the agreement have not been fully complied with; or

(f) the person is disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or

(g) the person is disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.

(2) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

(3) The definition of Territory in section 2 does not apply to this section.

34G Fit and proper person - investigations conducted by the Registrar

(1) The Registrar must, if requested to do so by the Minister, the Chief Executive Officer or an executive member:

(a) investigate whether an executive member is a fit and proper person; or

(b) investigate whether a person nominated under subsection 30(4) is a fit and proper person.

Criminal history check

(2) The Registrar may, by written notice given to a person who is the subject of an investigation under subsection (1) request the person to:

(a) obtain a specified kind of criminal history check and give that criminal history check to the Registrar; and

(b) do so within the period specified in the notice.

(3) If a person has been given a notice under subsection (2), the Registrar may vary the notice by extending the period specified in the notice.

Consent for checking

(4) The Registrar may, by written notice given to a person who is the subject of an investigation under subsection (1), request the person to give to the Registrar, within the period specified in the notice, a specified kind of written consent that the Registrar requires to enable:

(a) criminal records to be checked for the purposes of the investigation; or

(b) bankruptcy or insolvency records to be checked for the purposes of the investigation.

Other matters

(5) A period specified in a notice under subsection (2) or (4) must not be shorter than 30 days.

(6) This section does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).