Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:4_100a:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 4 cl 100A (pt 1/2)
Character Range: 60032–62746

100A  Declarations by Indigenous Affairs Minister
 (1) The Indigenous Affairs Minister may, by legislative instrument, declare that this Part ceases to have effect in relation to a specified prescribed area or a specified part of a prescribed area.
 (2) The Indigenous Affairs Minister must not make a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area unless a request is made to the Indigenous Affairs Minister to do so by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.
 (3) If the Indigenous Affairs Minister makes a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, this Part continues to apply in relation to that area or part after the declaration takes effect in relation to things done, or omitted to be done, before the declaration takes effect.

Community consultation
 (4) Before making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must ensure that:
 (a) information setting out:
 (i) the proposal to make the declaration; and
 (ii) an explanation, in summary form, of the consequences of the making of the declaration;
  has been made available in the prescribed area or the part of the prescribed area; and
 (b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:
 (i) the proposal to make the declaration; and
 (ii) the consequences of the making of the declaration; and
 (iii) their circumstances, concerns and views, so far as they relate to the proposal;
  with employees of the Commonwealth or such other persons as the Indigenous Affairs Minister thinks appropriate.
 (5) A failure to comply with subsection (4) does not affect the validity of a declaration under subsection (1).

Criteria for making a declaration
 (6) In making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Indigenous Affairs Minister must have regard to the following matters:
 (a) the well‑being of people living in the prescribed area or the part of the prescribed area;
 (b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of violence or sexual abuse during a period the Indigenous Affairs Minister considers appropriate;
 (c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Indigenous Affairs Minister considers appropriate, expressed their concerns about being at risk of violence or sexual