Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:4_100b:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 4 cl 100B (pt 1/2)
Character Range: 63522–66306

100B  Reapplication of this Part
 (1) The Indigenous Affairs Minister may, by legislative instrument, revoke a declaration made under subsection 100A(1) in relation to a prescribed area or a part of a prescribed area.
 (2) At and after the time the revocation takes effect, this Part again has effect in relation to the prescribed area or the part of the prescribed area.
 (3) The Indigenous Affairs Minister may make a revocation under subsection (1):
 (a) on the Indigenous Affairs Minister's own initiative; or
 (b) following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

Community consultation
 (4) Before making a revocation under subsection (1), the Indigenous Affairs Minister must ensure that:
 (a) information setting out:
 (i) the proposal to make the revocation; and
 (ii) an explanation, in summary form, of the consequences of the making of the revocation;
  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 revocation; and
 (ii) the consequences of the making of the revocation; 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 revocation under subsection (1).

Criteria for making a revocation
 (6) In making a revocation under subsection (1), 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 abuse;
 (d) whether there is reason to believe that children living in the prescribed area or the part of the prescribed area have been exposed to prohibited material during a period the Indigenous Affairs Minister considers appropriate;
 (e) 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 the