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Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions)

Current status

This bill became law on Aug 21st, 2023.

Policy area

Culture, sport & community

What does this bill do?

Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. can enter contracts up to $1 million without needing the minister’s approval, giving the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. more freedom to make decisions and run projects.

Why was it introduced?

Gaps in Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. governance and lease rules left weak accountability, unclear lease terms and ministerial approvalPermission from the responsible minister that the council previously needed before making larger contracts, but the bill lifts that threshold. for contracts above $100,000. The bill lets members remove the executive, requires fit and proper leaders and written long-term leases, allows temporary RegistrarThe official who can step in to run the council temporarily, oversee elections, and check whether executive members meet the rules. control, and lifts the contract approval threshold to $1 million.

Broader context

The Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. already governed Aboriginal land in the Jervis Bay TerritoryThe Commonwealth-run territory where the Wreck Bay community and the land covered by this bill are located., but outdated governance rules, unclear long-term lease arrangements and ministerial sign-off for larger contracts limited accountability, local decision-making and the move toward homeownership-style leases. After years of co-design with the Wreck Bay community, the government introduced the bill to tighten who could lead the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory., give members a way to remove the executive, require written lease terms and reduce red tape, and by August 2023 it had also paired the changes with a $45.1 million housing commitment before the Act received Royal AssentThe final formal step that turns a passed bill into an Act of Parliament..

Key criticism

The main criticism was that the bill focused on governance and leasing mechanics but did not go far enough to strengthen traditional owners' rights within the Wreck Bay system. That concern was raised narrowly by Greens speakers while still supporting the bill, and no party represented in the debate opposed it outright.

Who supported it?

The government introduced this bill. It passed on the voices.

Introduced in House 26 Oct 2022
Passed House 29 Nov 2022
Passed Senate 10 Aug 2023
Became law 21 Aug 2023

Did it become law?

Yes

Became law 21 Aug 2023

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

299 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. can enter contracts up to $1 million without needing the minister’s approval, giving the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. more freedom to make decisions and run projects.

  2. Registered members can force a vote to remove the whole executive committeeThe council's leadership group, which the bill gives more power to run day to day and which members can now remove. if at least 10 per cent sign a written request, which gives members a direct way to hold councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. leaders to account.

  3. If all executive members are removed, the RegistrarThe official who can step in to run the council temporarily, oversee elections, and check whether executive members meet the rules. temporarily runs Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. until a new executive committeeThe council's leadership group, which the bill gives more power to run day to day and which members can now remove. is in place, so the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. can keep operating.

  4. People cannot be executive members unless they are registered members and pass a fit and proper person testA check to make sure a person is suitable to hold office on the executive committee, including looking at criminal and bankruptcy issues., which tightens who can lead Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory..

  5. Long-term leases granted by Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. must now be written down with the lease length and conditions, giving leaseholders clearer terms.

Show source excerpts
  1. Omit “$100,000”, substitute “$1 million”.
    Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) as-passed bill text
  2. (2A) A registered member may, on receipt of a written request signed by not less than 10% of the registered members, convene a special general meeting of the Council to consider and vote on a motion that all executive members be removed from office.
    Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) as-passed bill text
  3. (1) If all executive members are removed from office under subsection 33(3), the Registrar is to be the administrator of the Council during the period (the interim period):
    Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) as-passed bill text
  4. (1) A person is not eligible to be an executive member unless:
    Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) as-passed bill text
  5. (5A) A lease granted under this section must:
    Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) as-passed bill text

Context

Broader context for this bill

The Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. already governed Aboriginal land in the Jervis Bay TerritoryThe Commonwealth-run territory where the Wreck Bay community and the land covered by this bill are located., but outdated governance rules, unclear long-term lease arrangements and ministerial sign-off for larger contracts limited accountability, local decision-making and the move toward homeownership-style leases. After years of co-design with the Wreck Bay community, the government introduced the bill to tighten who could lead the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory., give members a way to remove the executive, require written lease terms and reduce red tape, and by August 2023 it had also paired the changes with a $45.1 million housing commitment before the Act received Royal AssentThe final formal step that turns a passed bill into an Act of Parliament..

  1. 30 Mar 2022

    Government says the bill was co-designed with the Wreck Bay community over several years

    The second reading speech said the bill had been developed with the Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. and broader community to strengthen governance, expand local control and support homeownership-style leases.

    Hansard ↗
  2. 26 Oct 2022

    Bill introduced to strengthen councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. governance and lease rules

    The bill was introduced to let the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. handle larger contracts without ministerial approvalPermission from the responsible minister that the council previously needed before making larger contracts, but the bill lifts that threshold., tighten executive eligibility, allow members to force a vote on the executive and require written long-term leases.

    Parliamentary timeline ↗
  3. 29 Nov 2022

    House passes the bill

    House passage showed parliamentary support for updating the rules governing the Wreck Bay Aboriginal community in the Commonwealth-run Jervis Bay TerritoryThe Commonwealth-run territory where the Wreck Bay community and the land covered by this bill are located..

    Parliamentary timeline ↗
  4. 10 Aug 2023

    Government commits $45.1 million to repair and build homes at Wreck Bay

    Senate debate recorded that the government had committed $45.1 million over eight years so homes could be upgraded and new houses built before homeownership-style leases were offered.

    Hansard ↗
  5. 10 Aug 2023

    Parliament passes the bill

    Both houses agreed on the same text, completing the bill's passage after Senate amendments were settled.

    Parliamentary timeline ↗
  6. 21 Aug 2023

    Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. turns the bill into law

    Royal AssentThe final formal step that turns a passed bill into an Act of Parliament. completed the reform so the new governance, executive accountability and lease provisions could take legal effect.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 26 Oct 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 26 Oct 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Scrutiny of Bills review 23 Nov 2022

Considered by scrutiny committee (23/11/2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2023

Considered by scrutiny committee

APH bill page notes
Second reading debate 29 Nov 2022

The bill reached this recorded parliamentary step.

House second reading agreed 29 Nov 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed 29 Nov 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.

Third reading agreed to

Introduced 30 Nov 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 30 Nov 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 10 Aug 2023

The bill reached this recorded parliamentary step.

Senate second reading agreed 10 Aug 2023

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate agreed to amendment packages 10 Aug 2023

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed 10 Aug 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

House agreed to Senate amendments on Senate review 10 Aug 2023

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main amendments were: The Senate agreed to 4 Government amendments in committee of the whole, including limits on delegations to suitably trained employees and clearer written lease terms, and the House later agreed to the Senate amendments.

Consideration of Senate message

Passed both houses 10 Aug 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 21 Aug 2023

The Governor-General gave Royal AssentThe final formal step that turns a passed bill into an Act of Parliament., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that the bill focused on governance and leasing mechanics but did not go far enough to strengthen traditional owners' rights within the Wreck Bay system. That concern was raised narrowly by Greens speakers while still supporting the bill, and no party represented in the debate opposed it outright.

Criticism was limited and mostly about scope, not a broad case against the bill.

Does not go far enough on traditional owners' rights

The sharpest criticism was that the bill modernised governance rules but stopped short of putting traditional owners' rights more clearly at the centre of the legal framework.

Raised by Greens senators, especially Dorinda Cox Source ↗

Lease responsibilities could be hard for tenants to manage

A narrower reservation was that shifting future maintenance responsibility under clearer long-term lease arrangements could still be difficult for residents, even if the broader housing reforms were welcomed.

Raised by Lidia Thorpe, while supporting the bill after government amendments Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

29 Nov 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

10 Aug 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.

House

Carried

House accepted all Senate amendments

The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

Senate

Carried

Government package: 4 amendments

Government amendments tighten delegation rules by limiting the Chief Executive Officer and executive committee to suitably trained and experienced employees, and require written lease terms for clearer land governance and accountability.

10 Aug 2023

Passed on the voices

The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.

Themes in the public amendment sheets

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Trevor Evans

Liberal Party • MP 30 Mar 2022

Evans supports the bill, saying it was co-designed with the Wreck Bay community and will strengthen governance, reduce red tape, and make homeownership-style leases easier for community members.

Read in Hansard ↗
Lead supporting voice Supports

Anthony Chisholm

Australian Labor Party • Senator 30 Nov 2022

Chisholm supports the bill and says it is the product of co-design with the Wreck Bay community.

Read in Hansard ↗
Lead non-major voice Supports

Lidia Thorpe

Independent • Senator 10 Aug 2023

Lidia Thorpe supports the bill and the government amendments, saying her concerns have been addressed and the changes should improve clarity and housing conditions for the Wreck Bay community.

Read in Hansard ↗
Lead voice Supports

Julian Leeser

Liberal Party • MP 29 Nov 2022

Leeser says the opposition supports the bill and commends it to the House because it was developed in the same form by the former coalition minister and continues the co-designed reforms for the Wreck Bay community.

Read in Hansard ↗

All speeches by bloc

Labor

3 speakers · 3 support

  1. Anthony Chisholm ★ Chisholm supports the bill and says it is the product of co-design with the Wreck Bay community.
    “I commend this Bill to the chamber.”

    Australian Labor Party • Senator • 30 Nov 2022

    Read the full speech in Hansard ↗
  2. Andrew Leigh Leigh strongly supports the bill, saying it will give the Wreck Bay Aboriginal community greater autonomy, strengthen governance, and help deliver homeownership-style leases and better housing.
    “I acknowledge the community, particularly the Wreck Bay Aboriginal Community Council's board members both past and present, for working in partnership with the Australian government to develop these reforms. Every reform in this bill has been explicitly endorsed by the council's board. It's an example of shared decision-making under closing the gap. I commend this bill to the House.”

    Australian Labor Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  3. Carol Brown Brown supports the bill, saying it will strengthen local governance and decision-making in Wreck Bay and help the councilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. offer homeownership-style leases.
    “The bill strengthens local governance and decision-making and assists the council with issuing homeownership-style leases.”

    Australian Labor Party • Senator • 10 Aug 2023

    Read the full speech in Hansard ↗

Coalition

3 speakers · 3 support

  1. Julian Leeser ★ Leeser says the opposition supports the bill and commends it to the House because it was developed in the same form by the former coalition minister and continues the co-designed reforms for the Wreck Bay community.
    “I want to acknowledge the local member for the Jervis Bay Territory, the member for Fraser, who is in the chamber at the moment. I think he also has some responsibility for carriage of this bill. The opposition supports the bill. As I said, it was introduced in the same form by the former coalition minister. We commend the work that he's done, and we commend the work that Minister Burney has done in maintaining that work. We commend the bill to the House.”

    Liberal Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  2. Trevor Evans ★ Evans supports the bill, saying it was co-designed with the Wreck Bay community and will strengthen governance, reduce red tape, and make homeownership-style leases easier for community members.
    “The bill will: strengthen the council's governance structures; enhance local control over decision-making; and help to enable homeownership style leases on Aboriginal land in the Jervis Bay Territory. The bill supports economic empowerment for the Wreck Bay community by ensuring people can access the benefits that come with homeownership and by reducing red tape in council administration.”

    Liberal Party • MP • 30 Mar 2022

    Read the full speech in Hansard ↗
  3. Kerrynne Liddle Liddle says the opposition supports the bill and wants it passed because it reflects extensive consultation with the Wreck Bay community and will deliver practical governance and housing changes for the Jervis Bay TerritoryThe Commonwealth-run territory where the Wreck Bay community and the land covered by this bill are located..
    “The opposition supports this bill.”

    Liberal Party • Senator • 10 Aug 2023

    Read the full speech in Hansard ↗

Greens

1 speaker · 1 support

  1. Dorinda Cox Cox says the Greens will support the bill because it modernises outdated governance rules for the Wreck Bay Aboriginal Community CouncilThe local body that manages Aboriginal land and community affairs at Wreck Bay in the Jervis Bay Territory. and should help it operate more efficiently.
    “While the Greens support this bill, we believe it could have gone further in placing the rights of traditional owners front and centre because ultimately that is what we First Nations people have been fighting for and there is so much that needs to be done in this space to ensure the equity of First Nations people across the country, so that is an issue that is much bigger than just the piece of legislation that we currently have before us.”

    Australian Greens • Senator • 10 Aug 2023

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

  1. Lidia Thorpe ★ Lidia Thorpe supports the bill and the government amendments, saying her concerns have been addressed and the changes should improve clarity and housing conditions for the Wreck Bay community.
    “I will not be moving my amendments today as the concerns I have raised have been addressed by the government and partially included in the government amendments we have before us today, which I will support.”

    Independent • Senator • 10 Aug 2023

    Read the full speech in Hansard ↗

Record

Full record

Full chat