Desert Knowledge Australia Act 2003 (Northern Territory)

This Act creates Desert Knowledge Australia (DKA) as a statutory corporation and sets out its objects, powers, governance, finance, precinct management and by‑law regime. Mechanically, the Act:

Establishes DKA as a body corporate with a common seal and legal capacity to hold property and sue or be sued (s 5(1)-(2)). Courts must take judicial notice of the common seal (s 5(3)).
Prescribes DKA’s objects to promote education, research, commerce and technology relevant to deserts and arid lands, sustainable economic and social development, partnerships and the establishment of a statutory corporation to carry out those objects (s 3).
Lists DKA’s functions in detail, including developing a body of knowledge, improving livelihoods and economies of desert communities, establishing a Desert Knowledge Australia Precinct, undertaking and supporting research and training, facilitating networks and attracting participants (s 6(1)(a)-(i)). DKA may operate inside the Territory and elsewhere, including overseas, through cooperative arrangements (s 6(2)).
Confers broad operational powers necessary to perform those functions: entering contracts, acquiring and disposing of property (subject to Treasurer approval for disposals of real property), erecting buildings, accepting gifts, creating and commercialising intellectual property, borrowing, investing, lending and forming or participating in corporations, partnerships and trusts, and charging for services and membership fees, among other powers (s 7(1)-(2)).
Constitutes a Board to conduct DKA’s affairs and prescribes governance features: composition, appointment process (including participant nominations), minimum Aboriginal representation, terms, conflicts disclosure, meetings, delegations and performance of staff (Part 3, ss 11-35).

NORTHERN TERRITORY OF AUSTRALIA DESERT KNOWLEDGE AUSTRALIA ACT 2003 As in force at 22 March 2005 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objects ............................................................................................ 1 4 Definitions ........................................................................................ 2 Part 2 Desert Knowledge Australia 5 Establishment .................................................................................. 2 6 Functions of DKA............................................................................. 3 7 Powers of DKA ................................................................................ 4 8 Conduct of affairs of DKA ................................................................ 6 9 Directions of Minister ....................................................................... 6 10 DKA excluded matter under Corporations Act 2001 ........................ 6 Part 3 Administration Division 1 The Board 11 Establishment of Board ................................................................... 7 12 Composition of Board ...................................................................... 7 13 Appointment of members................................................................. 7 14 Nominations by participants............................................................. 7 15 Other nominations ........................................................................... 8 16 Qualifications etc. of persons appointed .......................................... 8 17 Term of office of members ............................................................... 8 18 Appointment of Chairperson and Deputy Chairperson .................... 9 19 Vacation of office of member ........................................................... 9 20 Termination of appointment of member ......................................... 10 21 Leave of absence .......................................................................... 10 22 Disclosure of interests ................................................................... 10 23 Obligation to disclose interest on becoming aware of conflict of interest ........................................................................................... 11 Division 2 Procedures of Board 24 Convening of Board ....................................................................... 12 25 Meetings of Board ......................................................................... 12 26 Procedure of Board ....................................................................... 13 27 Delegation ..................................................................................... 13

Desert Knowledge Australia Act 2003 ii 28 Validity of proceedings and actions of Board etc. .......................... 14 Division 3 Staff etc. 29 Appointment of staff ....................................................................... 14 30 Appointment and responsibilities of chief executive ...................... 14 31 Powers of chief executive .............................................................. 15 32 Consultants may be engaged ........................................................ 15 Division 4 Committees 33 Committees of Board ..................................................................... 15 34 Composition of committees ........................................................... 15 35 Procedure of committees ............................................................... 15 Division 5 Desert Knowledge Australia Precinct 36 Declaration of precinct ................................................................... 16 37 Purpose of precinct........................................................................ 16 Division 6 Societies of participants and associates 38 Setting up of societies ................................................................... 16 39 Fees .............................................................................................. 16 Part 4 Finance, property, reports and audit 40 Money of DKA ............................................................................... 16 41 Application of money ..................................................................... 17 42 ADI accounts ................................................................................. 17 43 Proper accounts to be kept etc. ..................................................... 17 44 Gifts etc. and trust funds ................................................................ 17 45 Investment ..................................................................................... 18 46 Provision of financial information to Treasurer............................... 18 47 Annual report and audit of report ................................................... 18 Part 5 By-laws 48 Definitions ...................................................................................... 19 49 Power to make by-laws ................................................................. 19 50 Subject matter of by-laws .............................................................. 20 51 Application of by-laws .................................................................... 21 52 Liability of owner of motor vehicle.................................................. 21 53 Evidence of ownership of motor vehicle ........................................ 23 54 Recovery of penalties imposed under By-laws .............................. 24 55 Section 57 of Interpretation Act 1978 does not apply to By-laws .......................................................................................... 24

Desert Knowledge Australia Act 2003 iii Part 6 Miscellaneous 56 Protection from liability .................................................................. 24 57 Form and execution of documents by DKA ................................... 25 58 Proof of resolutions of Board etc. .................................................. 25 59 Regulations.................................................................................... 26 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 22 March 2005

DESERT KNOWLEDGE AUSTRALIA ACT 2003 An Act to encourage and facilitate learning, research and sustainable economic and social development relating to deserts and arid lands and to establish Desert Knowledge Australia, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Desert Knowledge Australia Act 2003. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Objects The objects of this Act are: (a) to encourage and facilitate education and training, research, commerce and technology that is relevant to the health, well- being, sustainable economic and social development and improved livelihoods of all communities in deserts and arid lands; (b) to develop wealth creation activities in deserts and arid lands in a manner that promotes harmony in and between communities in deserts and arid lands while maintaining the economy and environment of deserts and arid lands in an ecologically sustainable manner and the culture and identity of those communities; (c) to encourage and facilitate the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purpose of achieving the objects specified in paragraphs (a) and (b); and (d) to establish a statutory corporation to carry out activities for the purpose of achieving the objects specified in paragraphs (a), (b) and (c).

Part 2 Desert Knowledge Australia Desert Knowledge Australia Act 2003 2 4 Definitions In this Act, unless the contrary intention appears: Aboriginal means a person who is a member of the Aboriginal race of Australia. associate means a person, organisation or authority (whether incorporated or not) who or which has an interest in the activities of DKA and its participants and who or which is a member of a society of associates of DKA set up under section 38. Board means the Board established by section 11. Chairperson means the member who is appointed to be the Chairperson under section 18. chief executive means the chief executive appointed under section 30. committee means a committee of the Board established under section 33. Deputy Chairperson means the member who is appointed to be the Deputy Chairperson under section 18. DKA means Desert Knowledge Australia established by section 5. member means the Chairperson, Deputy Chairperson or other member of the Board appointed under section 13. participant means a person, organisation or authority (whether incorporated or not) who or which is contributing to building a body of knowledge and expertise about deserts and arid lands by means funded or otherwise facilitated, promoted or supported by DKA and who or which is a member of a society of participants set up under section 38. precinct means the Desert Knowledge Australia Precinct declared under section 36. staff means the officers and employees who are appointed, employed or engaged by DKA under Part 3, Division 3. Part 2 Desert Knowledge Australia 5 Establishment (1) Desert Knowledge Australia is established.

Part 2 Desert Knowledge Australia Desert Knowledge Australia Act 2003 3 (2) Desert Knowledge Australia: (a) is a body corporate; (b) has a common seal; and (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially must take judicial notice of the common seal of Desert Knowledge Australia affixed to a document and must presume that it was duly affixed. 6 Functions of DKA (1) The functions of DKA are: (a) to encourage and facilitate the development of a body of knowledge and expertise relevant to deserts and arid lands; (b) to encourage improvements to the economies and livelihoods of communities in deserts and arid lands and further the economic and social development and ecologically sustainable wealth creation of those communities; (c) to establish, develop and manage the Desert Knowledge Australia Precinct as a nationally and internationally renowned centre of knowledge about deserts and arid lands and for its contribution to education and training, research, commerce and technology relevant to the economic and social development of communities in deserts and arid lands; (d) to encourage the provision of high-quality communication and other services to desert areas and arid lands; (e) to undertake, fund, facilitate, promote and support research, study and training that: (i) is relevant to deserts and arid lands; (ii) contributes to the health, well-being, sustainable economic and social development and improved livelihoods of communities in deserts and arid lands; and (iii) encourages practices and programs for use in or relevant to deserts and arid lands that are ecologically and culturally sound and sustainable;

Part 2 Desert Knowledge Australia Desert Knowledge Australia Act 2003 4 (f) to encourage and facilitate communication and collaboration between persons and communities, and the formation of partnerships, joint ventures, alliances, networks and other cooperative arrangements for the purposes of paragraphs (a) to (e) (inclusive); (g) to attract suitable persons, organisations and authorities (whether incorporated or not) to be participants in DKA; (h) the prescribed functions, if any; and (i) any other functions imposed on it by or under another Act. (2) DKA may perform its functions: (a) in the Territory; and (b) in other parts of Australia, and in other countries, through partnerships, joint ventures, alliances, networks and other cooperative arrangements. 7 Powers of DKA (1) Subject to this or any other Act or an instrument of a legislative or administrative character made under this or any other Act, DKA has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions. (2) In particular, DKA has power to: (a) negotiate and enter into contracts, agreements, schemes and arrangements; (b) purchase, lease or otherwise acquire and hold real or personal property and, with the approval of the Treasurer, sell, grant leases of or otherwise dispose of real or personal property; (c) erect buildings; (d) occupy, use, control and manage land or a building owned or leased by DKA; (e) seek, apply for and accept gifts, grants, bequests, devises and assignments made to DKA, whether on trust or otherwise, and act as trustee of money and other property vested in it on trust;

Part 2 Desert Knowledge Australia Desert Knowledge Australia Act 2003 5 (f) enter into arrangements with other persons or organisations, whether from Australia or another country, or with the Commonwealth or a State or Territory of the Commonwealth, for the development of DKA; (g) create, develop, apply for, obtain and hold intellectual property and enter into agreements or arrangements of a commercial nature in respect of intellectual property on the terms, including terms as to royalties and lump sum payments, that the Board considers appropriate; (h) with the approval of the Treasurer, borrow and invest money; (i) with the approval of the Treasurer, grant loans to persons carrying on activities related to the operations of DKA on the terms the Board considers appropriate; (j) with the approval of the Treasurer, form or establish or participate in the formation or establishment of bodies corporate; (k) with the approval of the Treasurer, form partnerships and enter into joint ventures or other arrangements, or create trusts, for sharing profits; (l) with the approval of the Treasurer, enter into franchise agreements; (m) confer awards and scholarships; (n) administer schemes of financial and other assistance; (o) establish, manage and control halls of residence and other forms of student and other accommodation; (p) employ or engage staff, engage consultants and appoint agents and attorneys; (q) charge for work, services, goods and information done, supplied or published by DKA and for admission into the precinct or any part of the precinct; (r) call for and evaluate submissions for persons, organisations or authorities to be participants in DKA; (s) set up a society or societies of participants in DKA and a society or societies of associates of DKA, provide for their promotion and development and charge and collect a fee for belonging to the societies; and

Part 2 Desert Knowledge Australia Desert Knowledge Australia Act 2003 6 (t) grant rights to produce and publish documents containing material relating to the functions of DKA. 8 Conduct of affairs of DKA (1) Subject to this Act, the affairs of DKA are to be conducted by the Board. (2) The Board must conduct the affairs of DKA: (a) in a manner that is reasonable and accords with and furthers the objects of this Act; (b) in a manner that directs benefits to the Territory; (c) within a budget approved by the Minister; and (d) to the extent the affairs involve commercial activities, in a commercial manner consistent with the principle of competitive neutrality. (3) All acts, matters and things done by the Board, or by the Chairperson, a member, a member of a committee, a member of the staff or any other person in the name of or on behalf of DKA with the express or implied authority of the Board, are taken to have been done by DKA. 9 Directions of Minister (1) In conducting the affairs of DKA, the Board is subject to the written directions of the Minister. (2) The Minister must lay before the Legislative Assembly a copy of a direction given under subsection (1) within 6 sitting days of the Assembly after giving the direction. (3) A copy of a direction given under subsection (1) in a financial year is to be included in the Board's report for the year prepared under section 47. 10 DKA excluded matter under Corporations Act 2001 DKA is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation.

Part 3 Administration Division 1 The Board Desert Knowledge Australia Act 2003 7 Part 3 Administration Division 1 The Board 11 Establishment of Board There is a Board of DKA. 12 Composition of Board The Board consists of at least 5 and not more than 11 members. 13 Appointment of members (1) Subject to this Division, the Minister may appoint in writing the members of the Board in accordance with subsection (5). (2) Half the members are to be persons nominated by participants in accordance with section 14. (3) A reference in subsection (2) to half the number of members is a reference to the whole number that represents half the number of members or, if half the number of members is represented by a number that is not a whole number, the next lowest whole number. (4) Of the persons appointed to be members, the Minister must appoint: (a) if the Board is to be composed of 5 members – 2 persons who are Aboriginals; (b) if the Board is to be composed of 6, 7 or 8 members – 3 persons who are Aboriginals; or (c) if the Board is to be composed of 9, 10 or 11 members – 4 persons who are Aboriginals. (5) In appointing persons as members, the Minister must comply with sections 14, 15 and 16. 14 Nominations by participants (1) The Minister must invite the participants, and the societies of participants set up under section 38, to nominate for appointment as members persons who hold suitable qualifications or have suitable knowledge and experience relating to the objects of this Act and the powers and functions of DKA.

Part 3 Administration Division 1 The Board Desert Knowledge Australia Act 2003 8 (2) The Minister must consult and make inquiries about the suitability of each person nominated under subsection (1) and, having done so, appoint from those persons nominated the number of members required by section 13(2) to be nominated by participants. 15 Other nominations To assist the Minister in appointing persons who are not referred to in section 14(2), the Minister may invite the Australian Prime Minister, a Premier of a State of the Commonwealth or any other person the Minister considers appropriate to nominate a person who is suitable for appointment. 16 Qualifications etc. of persons appointed (1) The Minister must not appoint a person unless he or she is satisfied that the person holds suitable qualifications or has suitable knowledge and experience relating to the objects of this Act and the powers and functions of DKA. (2) The Minister must appoint only persons who, in his or her opinion: (a) represent the interests of: (i) communities in deserts and arid lands; (ii) the indigenous people of deserts and arid lands; (iii) persons with a special expertise or interest relevant to deserts and arid lands; and (iv) the different levels of Government, in the proportion the Minister considers appropriate for the conduct of the affairs of DKA; and (b) are collectively capable of conducting the affairs of DKA so that it carries out activities and achieves outcomes that accord with and further the objects of this Act. 17 Term of office of members (1) A member holds office for: (a) 4 years; or (b) if a shorter period is specified in the instrument of appointment of the member – the shorter period. (2) A person may be re-appointed as a member.

Part 3 Administration Division 1 The Board Desert Knowledge Australia Act 2003 9 (3) Despite subsection (1), unless a member sooner vacates his or her office or is removed from office under section 20, on the expiration of the term of office of the member, the member continues to hold office until a successor is appointed. 18 Appointment of Chairperson and Deputy Chairperson (1) The Minister must appoint in writing a member to be the Chairperson and another member to be the Deputy Chairperson. (2) The Minister must appoint a member from amongst the members who are Aboriginals to be either the Chairperson or Deputy Chairperson. (3) Subject to subsection (4), the term of office of the Chairperson or Deputy Chairperson is the term specified by the Minister in the instrument of appointment. (4) The Chairperson or Deputy Chairperson holds office until: (a) the expiry of his or her term of office as Chairperson or Deputy Chairperson; (b) he or she resigns the office of Chairperson or Deputy Chairperson by writing signed by him or her and delivered to the Minister; or (c) a vacancy occurs in his or her office as member. (5) A member may be re-appointed as the Chairperson or Deputy Chairperson. (6) If, for any reason, the Chairperson is unable to exercise his or her powers or perform his or her functions or there is a vacancy in the office of Chairperson, the Deputy Chairperson must act in the office of Chairperson. 19 Vacation of office of member (1) A member vacates the member's office if: (a) the member's term of office expires; or (b) the member resigns the member's office by writing signed by the member and delivered to the Chairperson. (2) If a member resigns, the Chairperson must inform the Minister of the member's resignation within 5 days after receiving it.

Part 3 Administration Division 1 The Board Desert Knowledge Australia Act 2003 10 20 Termination of appointment of member (1) The Minister may terminate the appointment of a member on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a member if the member: (a) is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board; or (b) knowingly contravenes or fails to comply with section 22 or 23. (3) A member's appointment terminates if the member: (a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the member's remuneration for their benefit; or (b) is found guilty by a court in the Territory of an offence punishable by imprisonment for 12 months or more or is found guilty by a court outside the Territory of an offence which, if committed against a law in force in the Territory, would be an offence punishable by imprisonment for 12 months or more. (4) The termination of an appointment under subsection (1) or (2) is to be in writing and a copy is to be given to the member. 21 Leave of absence (1) The Board may grant a member leave of absence. (2) In granting a member leave of absence, the Board must specify the period of leave granted. (3) The Board must inform the Minister of a member's leave (including the period of leave granted) as soon as practicable after granting the leave. 22 Disclosure of interests (1) At the first meeting of the Board after a person becomes a member, he or she must disclose: (a) the name and a description of any body corporate, association, society or other body of which he or she is a member or an officer or by which he or she is employed;

Part 3 Administration Division 1 The Board Desert Knowledge Australia Act 2003 11 (b) the name and a description of any partnership of which he or she is a partner or by which he or she is employed; (c) any other interest he or she has in relation to a person or body that is likely to give rise to a conflict with his or her duties as member; and (d) any other information prescribed by the Regulations. (2) The disclosure is to be made in the manner determined by the Board. (3) On a member making a disclosure in accordance with subsections (1) and (2), the member is taken to have given sufficient disclosure of any direct or indirect pecuniary interest of the member in relation to any matter that might be considered at a meeting of the Board or any thing that might be done by the Board after the disclosure. (4) If there is a change to information disclosed by the member or the member acquires new interests likely to give rise to a conflict with his or her duties as member, the member must vary his or her disclosure accordingly, in the manner determined by the Board – (a) at the first meeting of the Board after the change or acquisition; or (b) where the Board does not meet within 30 days after the change or acquisition – within that 30 day period. (5) A disclosure (as varied) remains effective during the member's term of office and any successive term of office held by the member. (6) The Board must: (a) keep a record of the particulars of all disclosures and variations of disclosures made under this section; and (b) make the record available at all reasonable times for inspection on payment of the fee (if any) determined by the Board for that purpose. 23 Obligation to disclose interest on becoming aware of conflict of interest (1) In this section: Board includes a committee. member includes a member of a committee.

Part 3 Administration Division 2 Procedures of Board Desert Knowledge Australia Act 2003 12 (2) Despite section 22, if a member becomes aware that he or she has or may have a direct or indirect pecuniary interest in: (a) a matter being considered or about to be considered by the Board; or (b) a thing being done or about to be done by the Board, the member must as soon as possible disclose the nature of the interest or possible interest at a meeting of the Board. (3) Subject to a resolution of the Board to the contrary, a member who discloses a pecuniary interest in a matter or thing in accordance with subsection (2): (a) may be present during deliberations by the Board but must not take part in the making of the decisions of the Board in relation to that matter or thing; and (b) must not perform a function under this Act in relation to that matter or thing. (4) The resolution of the Board to the contrary is to be deliberated and voted on in the absence of the member. Division 2 Procedures of Board 24 Convening of Board (1) Subject to subsection (2), the Board must meet as often as is necessary for the exercise of its powers and the performance of its functions. (2) The Board must meet at least 4 times in each year. (3) The Minister may give a direction to the Board under section 9 requiring the Board to meet. (4) The Chairperson must make the arrangements that enable the Board to meet. 25 Meetings of Board (1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both the Chairperson and the Deputy Chairperson, the member elected by the members present from amongst their number must preside at a meeting of the Board. (2) Subject to subsection (3), each member present at a meeting (including the member presiding over the meeting) has one vote.

Part 3 Administration Division 2 Procedures of Board Desert Knowledge Australia Act 2003 13 (3) Questions arising at a meeting of the Board are to be determined by a majority of the votes of the members present and, in the event of an equality of votes, the person presiding over the meeting has a casting vote. (4) At a meeting of the Board: (a) one member appointed on nomination under section 14 and one member who was not appointed on nomination under that section must be present; and (b) the number of members equal to half the number of members holding the office of member plus one constitutes a quorum. (5) A reference in subsection (4)(b) to half of the number of members holding office is a reference to the whole number that represents half the number of members or, if half the number of members is represented by a number that is not a whole number, the next lowest whole number. (6) Subject to a resolution of the Board to the contrary, the chief executive must attend all meetings of the Board to inform and advise the Board on matters before it. 26 Procedure of Board (1) Unless otherwise prescribed, the procedures of the Board are to be determined by the Board. (2) The Board must keep a record of all its meetings and other proceedings and all its decisions made during the course of its meetings and other proceedings. 27 Delegation (1) The Board may delegate in writing to a person or a committee or other body any of the Board's powers and functions under this Act, other than this power of delegation and the power to make by-laws. (2) If the Board delegates a power or function to a committee or other body and there is a change in the membership of the committee or body, the delegation continues in force as a delegation of the power or function to the committee or body as newly constituted unless the Board expressly revokes or varies the instrument of delegation.

Part 3 Administration Division 3 Staff etc. Desert Knowledge Australia Act 2003 14 28 Validity of proceedings and actions of Board etc. A proceeding of the Board or a committee or act or thing done by the Board, a committee, the Chairperson, the Deputy Chairperson, the chief executive, a member of the Board or a committee or a delegate of the Board is not invalid by reason only of one or more of the following: (a) a defect in the appointment of a member; (b) a defect in the appointment of a member as the Chairperson or Deputy Chairperson; (c) a defect in the appointment of a member of a committee; (d) a defect in the appointment of the chief executive; (e) a defect in a delegation by the Board; (f) a defect in the convening or conduct of a meeting of the Board or a committee; (g) there being a vacancy in the membership of the Board or a committee; (h) the fact that a person who purported to be a member of the Board or a committee, or to be the Chairperson, Deputy Chairperson or chief executive, was not a member of the Board or committee or was not the Chairperson, Deputy Chairperson or chief executive; (i) a contravention of or failure to comply with section 22 or 23. Division 3 Staff etc. 29 Appointment of staff (1) The Board may appoint the officers and employ or engage the employees it considers necessary for the purposes of DKA. (2) The terms and conditions of appointment, employment or engagement of the staff are to be determined by the Board. 30 Appointment and responsibilities of chief executive (1) The Board must appoint in writing a person to be the chief executive of DKA.

Part 3 Administration Division 4 Committees Desert Knowledge Australia Act 2003 15 (2) The chief executive: (a) is responsible to the Board for the management and administration of DKA; and (b) must perform the functions imposed on him or her under this Act or another Act. (3) In performing his or her functions and exercising his or her powers, the chief executive: (a) must act in accordance with the decisions of the Board; and (b) is subject to the directions of the Board. 31 Powers of chief executive The chief executive has power to do all things that are necessary or convenient to be done for or incidental to the proper management and administration of DKA and the proper performance of his or her functions. 32 Consultants may be engaged The Board may engage consultants and make arrangements for the provision of advice and services as it considers necessary for the purposes of DKA. Division 4 Committees 33 Committees of Board The Board may establish the committees it considers necessary to perform its functions and exercise its powers. 34 Composition of committees (1) A committee is to be composed of at least 3 persons appointed by the Board. (2) The Board is not required to appoint any of its members or a member of the staff to be a member of a committee. 35 Procedure of committees (1) Unless otherwise prescribed, the procedures of a committee are to be determined by the committee. (2) A committee must keep a record of its proceedings and all its decisions made during the course of its proceedings.

Part 4 Finance, property, reports and audit Desert Knowledge Australia Act 2003 16 Division 5 Desert Knowledge Australia Precinct 36 Declaration of precinct (1) The Minister may, by notice in the Gazette, declare an area, or 2 or more non-contiguous areas, in the Territory to be the Desert Knowledge Australia Precinct. (2) The notice must include a description of the area or areas declared to be the precinct. 37 Purpose of precinct The precinct is the principal place where the affairs and operations of DKA are to be located, managed and conducted. Division 6 Societies of participants and associates 38 Setting up of societies The Board must: (a) set up a society or societies of participants and a society or societies of associates; and (b) do all things it considers appropriate to promote the societies and attract members to the societies. 39 Fees The Board may charge and collect an annual fee for membership of a society of participants or associates as it considers appropriate. Part 4 Finance, property, reports and audit 40 Money of DKA The money of DKA consists of: (a) money that is appropriated for its purposes; (b) dividends on shares owned by DKA; (c) interest on the investment of money of DKA; (d) proceeds from the sale or other disposition of property and investments of DKA; (e) money received as grants; and

Part 4 Finance, property, reports and audit Desert Knowledge Australia Act 2003 17 (f) any other money that from time to time becomes available for use by DKA. 41 Application of money The money of DKA is only to be applied: (a) by or with the authority of the Board; and (b) for the purposes of DKA. 42 ADI accounts DKA must open and maintain an account or accounts with one or more ADIs as it considers necessary for the conduct of its affairs. 43 Proper accounts to be kept etc. (1) The Board must ensure: (a) proper accounts and records of the transactions and affairs of DKA are kept; (b) there are adequate controls over the incurring of liabilities by DKA; (c) all payments out of the money of DKA are correctly made and properly authorised; and (d) adequate control is maintained over the property of or in the custody, control and management of DKA. (2) In keeping its accounts and records and making reports under this Act, DKA must, to the extent necessary, comply with the accounting standards within the meaning of the Corporations Act 2001 as if it were a company within the meaning of that Act. 44 Gifts etc. and trust funds (1) DKA may agree to and carry out the conditions of a gift, grant, bequest, devise, purchase or any other means of conveyance or transfer by which it acquires, holds and uses property for its purposes. (2) DKA may create and administer a trust fund or trust funds for any purpose relating to the performance of its functions that it considers appropriate, including acquiring or holding property.

Part 4 Finance, property, reports and audit Desert Knowledge Australia Act 2003 18 45 Investment (1) Subject to this section and the approval of the Treasurer, the Board may invest the money of DKA or other money held by or in the custody, management or control of DKA. (2) The money of DKA (including money held on trust or subject to a condition) is not to be invested by the Board unless invested in a class of investments approved by the Treasurer. (3) The Board must not invest money if doing so would: (a) be inconsistent with a trust; or (b) constitute a breach of a condition under which the money was acquired. 46 Provision of financial information to Treasurer (1) The Treasurer may at any time request the chief executive to provide the Treasurer with the information that the Treasurer considers will enable him or her to accurately assess the financial affairs of DKA. (2) Information to be provided to the Treasurer under subsection (1) includes information about the following: (a) financial investments by DKA in bodies corporate, trusts, partnerships and joint ventures; (b) contingent liabilities of DKA; (c) guarantees given by DKA. (3) The chief executive must comply with the Treasurer's request. 47 Annual report and audit of report (1) At the end of each financial year, the Board must prepare a report on the operations and performance of DKA during the financial year. (2) The report is to include: (a) a financial statement in respect of the financial year prepared in the form approved by the Treasurer; (b) the information specified in section 46(2); and (c) any other information requested by the Treasurer.

Part 5 By-laws Desert Knowledge Australia Act 2003 19 (3) The Board must forward a copy of the report to the Minister and to the Auditor-General by 30 September following the end of the financial year. (4) By 30 November following the end of the financial year: (a) the Auditor-General must audit the financial statement contained in the report received under subsection (3) and report on the statement to the Minister; and (b) the Minister must lay before the Legislative Assembly a copy of the report received under subsection (3) and the report of the Auditor-General received under paragraph (a). Part 5 By-laws 48 Definitions In this Part: motor vehicle has the same meaning as in the Motor Vehicles Act 1949. site means: (a) land, a building or a part of land or a building in the precinct; or (b) land, a building or a part of land or a building outside the precinct (but in the Territory) that is under the control or management of DKA. vehicle means any means of transport whether self-propelled or not and whether used on land or sea or in the air. 49 Power to make by-laws (1) The Board may make by-laws relating to the management of the precinct and land and buildings of or under the control or management of DKA that is or are outside the precinct (but only in respect of land or a building in the Territory or a matter that is connected with the Territory). (2) The Board may not make a by-law that is inconsistent with this Act, or any other Act or any regulations, or that is unlawful.

Part 5 By-laws Desert Knowledge Australia Act 2003 20 50 Subject matter of by-laws (1) The By-laws may provide for any of the following: (a) the establishment, management or control of cultural centres, libraries or museums on a site; (b) the establishment, management or control of halls of residence or other accommodation on a site; (c) the regulation or prohibition of access to or use of a site; (d) the regulation or prohibition of the conduct of persons on a site; (e) the regulation or prohibition of the presence or use of vehicles and animals on a site; (f) speed limits for riding or driving vehicles on a site; (g) the removal impounding or disposal of vehicles or animals referred to in paragraph (e); (h) offences in relation to the use of motor vehicles, including offences for: (i) bringing a vehicle onto or parking or standing a vehicle on a site in breach of a by-law; (ii) driving a vehicle on a site in breach of a by-law; (iii) driving a vehicle on a site at a speed in excess of a speed fixed by a by-law; (iv) driving a vehicle on a site contrary to a direction, whether given by a traffic control device on the site or by a person authorised by a by-law to do so; and (v) doing any other prescribed act on a site; (i) penalties not exceeding 2 penalty units for an offence against the By-laws. (2) A by-law may provide for matters of regulation or prohibition, either absolutely or conditionally or in relation to a class of acts, matters or things or a situation or other circumstance. (3) A by-law may: (a) authorise a member of the staff or a committee to do an act or thing; or

Part 5 By-laws Desert Knowledge Australia Act 2003 21 (b) provide that an act or thing is to be done with the approval, or at the direction, of a member of the staff or a committee. 51 Application of by-laws (1) A by-law may be limited in its application: (a) to a specified site; or (b) in relation to a specified class of persons or circumstances. (2) The Board may, in the manner prescribed by the Regulations, suspend the application of a by-law: (a) for a specified period; (b) to a specified site; or (c) in relation to a specified class of persons or circumstances. 52 Liability of owner of motor vehicle (1) Subject to this section, if an offence against the By-laws relating to a motor vehicle is allegedly committed and the name of the offender is not ascertained, the owner of the motor vehicle at the time the offence occurs is, whether or not the owner in fact committed the offence: (a) taken to have committed the offence; and (b) if a notice of infringement is issued in relation to the commission of the offence – to be issued the notice of infringement. (2) The owner of a motor vehicle is not taken to have committed an offence if: (a) the motor vehicle was, at the time of the offence, stolen or unlawfully used without the owner's consent; (b) the motor vehicle is registered under the Motor Vehicles Act 1949 and at the time of the offence: (i) the owner had sold or disposed of the motor vehicle but the registration of the motor vehicle had not been transferred to the new owner; and (ii) the owner had provided the Registrar, within the meaning of the Motor Vehicles Act 1949, with a notice of disposal in respect of the motor vehicle as required by section 20 of that Act; or

Part 5 By-laws Desert Knowledge Australia Act 2003 22 (c) within 14 days after the owner is, in relation to the alleged offence, served or issued with: (i) a notice of infringement; (ii) a summons; or (iii) any other document dealing with the recovery or enforcement of a penalty for an offence that may be served or issued under an Act, the owner delivers to the Board a statutory declaration made by the owner: (iv) stating that some other person was in control of the motor vehicle at the time the offence was allegedly committed and setting out the name and address of that other person and any other information known to the owner that may assist in identifying or locating that other person; (v) stating that the motor vehicle was sold before the offence was allegedly committed and setting out the date of the sale, the name and address of the person to whom it was sold and, if the sale was made through an agent, the name and address of the agent; or (vi) stating that at the time when the offence was allegedly committed the motor vehicle had been stolen or was being used unlawfully without the owner's consent. (3) If the owner of the motor vehicle is a body corporate, a director, secretary or manager of the body corporate may make a statutory declaration for the purposes of subsection (2). (4) If the owner of the motor vehicle is the Territory, the Commonwealth, a State or another Territory of the Commonwealth or a statutory corporation, a person authorised, or apparently authorised, for the purpose may make a statutory declaration for the purposes of subsection (2). (5) A person named in a statutory declaration as being in control of a motor vehicle at the time of an alleged offence cannot be found guilty of the offence unless a copy of the statutory declaration is affixed to the summons for the offence at the time the summons is served on the person.

Part 5 By-laws Desert Knowledge Australia Act 2003 23 (6) If a person is specified as the new owner of a motor vehicle in a notice of disposal referred to in subsection (2)(b)(ii): (a) the person is taken to be the owner of the motor vehicle at the time of the offence for the purposes of this section (other than subsection (2)(b)); and (b) this section applies as if a reference to the owner of the motor vehicle (other than in subsection (2)(b)) were a reference to the person. (7) A statutory declaration referred to in subsection (2)(c): (a) is admissible in evidence in a prosecution against the person in relation to the offence; and (b) is evidence that the person was the driver of the motor vehicle at the time of the offence. (8) Subject to subsection (9), this section does not affect the liability of an actual offender who is not the owner of the motor vehicle. (9) If a penalty has been imposed on a person in relation to an offence referred to in this section: (a) another person cannot be charged with the same offence; and (b) a further penalty cannot be imposed on or recovered from another person in relation to the same offence. 53 Evidence of ownership of motor vehicle In a prosecution for an offence against the By-laws, a certificate that is issued by a person authorised to issue the certificate under an Act (including an Act of the Commonwealth or a State or another Territory of the Commonwealth) and that states: (a) that a specified person was the registered owner of a specified motor vehicle on a specified date; (b) that a specified person was recorded as the new owner of a specified motor vehicle on and from a specified date in a record of a notice of disposal in respect of the motor vehicle; or (c) if the specified motor vehicle is not registered at the time of issuing the certificate – that a specified person was the last registered owner of the motor vehicle to and including a specified date,

Part 6 Miscellaneous Desert Knowledge Australia Act 2003 24 is evidence of the matters set out in the certificate and a court must assume that the certificate was duly issued. 54 Recovery of penalties imposed under By-laws (1) If a penalty is imposed on a person as a result of a prosecution for an offence committed against a by-law, or an amount is payable by a person instead of a penalty that may otherwise be imposed for an offence committed against a by-law, the penalty or amount may be recovered as a debt due and payable to DKA by the person. (2) Subsection (1) does not affect the application of the Fines and Penalties (Recovery) Act 2001. 55 Section 57 of Interpretation Act 1978 does not apply to By-laws Section 57 of the Interpretation Act 1978 does not apply to the By-laws. Part 6 Miscellaneous 56 Protection from liability (1) This section applies to a person who is or has been: (a) a member; (b) a member of a committee; or (c) a member of the staff. (2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (3) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by DKA, the Board or a committee in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (4) Subsections (2) and (3) do not affect any liability the Territory or DKA would, apart from those subsections, have for an act or omission.

Part 6 Miscellaneous Desert Knowledge Australia Act 2003 25 57 Form and execution of documents by DKA (1) A deed, instrument, contract or agreement relating to any property or matter that, if made or executed by an individual, would by law be required to be in writing under seal may be made on behalf of DKA in writing under its common seal. (2) An instrument, contract or agreement relating to any property or matter that, if made by or between individuals, would be required to be in writing signed by the parties to it may be made or entered into on behalf of DKA in writing by a person acting under the authority, express or implied, of the Board. (3) A contract relating to any property or matter that, if made between individuals, would by law be valid although made or entered into by parole only and not reduced to writing may be made on behalf of DKA by a person acting under the authority, express or implied, of the Board. (4) A contract entered into or an instrument, contract or agreement signed in relation to any property or obligation of DKA is taken to have been entered into or signed with the express authority of the Board if it is entered into or signed in accordance with a resolution of the Board. 58 Proof of resolutions of Board etc. (1) The minutes of a meeting of the Board, or a document purporting to be a true copy of or an extract from the minutes of a meeting of the Board and signed by the Chairperson, may be received in a court or a tribunal or by a person acting judicially as evidence of the particulars contained in the minutes without further proof. (2) In any proceedings, the production of: (a) a copy of a by-law purporting to be certified as a true copy of the by-law and signed by the Chairperson; (b) the minutes of the meeting of the Board at which the Board made the by-law or a copy of a document purporting to be a true copy of or an extract from the minutes of that meeting and signed by the Chairperson; and (c) the Gazette in which notification of the making of the by-law is published, is conclusive evidence of the by-law having been made and the contents of the by-law.

Part 6 Miscellaneous Desert Knowledge Australia Act 2003 26 (3) In any proceedings, the production of the following is conclusive evidence of the suspension of the application of a by-law under section 51(2): (a) the minutes of the meeting of the Board at which the application of the by-law was suspended or a copy of a document purporting to be a true copy of or an extract from the minutes of that meeting and signed by the Chairperson; (b) a copy of a notice (if any) required by the Regulations to be given of the suspension. 59 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may provide for any of the following: (a) the use or custody of the common seal of DKA; (b) the manner of holding or adjourning meetings of the Board; (c) the quorum, procedures, powers or functions of committees; (d) the manner in which the Board may suspend the application of a by-law; (e) review of or appeal against decisions made under the By-laws; (f) penalties not exceeding 100 penalty units or, where offences are committed by bodies corporate, 500 penalty units for offences against the Regulations; (g) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the By-laws or the Regulations and for the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice; (h) the designation of an offence against the By-laws or the Regulations as a regulatory offence.

ENDNOTES Desert Knowledge Australia Act 2003 27 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Desert Knowledge Australia Act 2003 (Act No. 30, 2003) Assent date 26 June 2003 Commenced 22 September 2003 (Gaz S19, 22 September 2003) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 48, 52, 54 and 55. 4 LIST OF AMENDMENTS pt 7 hdg exp No. 30, 2003, s 68 ss 60 – 68 exp No. 30, 2003, s 68

1 Desert Knowledge Australia Act 2003

The Act builds around a small set of defined concepts and operational levers. Key definitions and their statutory effects are:

DKA and corporate personality: “Desert Knowledge Australia” is the statutory body established by s 5. It is a body corporate with a common seal, capable of holding property and suing and being sued (s 5(2)). The common seal has presumptive authenticity (s 5(3)).
Objects: The object clause (s 3) establishes a policy frame: education, research, commerce and technology relevant to deserts and arid lands (s 3(a)); sustainable wealth creation that maintains economy and environment and community culture (s 3(b)); facilitation of partnerships and cooperative arrangements (s 3(c)); and establishment of the statutory corporation to advance those objects (s 3(d)). These objects are the statutory purpose to guide Board decisions (s 8(2)(a)).
Functions and powers: Section 6 lists functions (build knowledge, improve livelihoods, manage the precinct, support research and training, facilitate networks, attract participants, and perform prescribed or other statutory functions). Section 7 furnishes a broad residual power to do anything necessary or convenient to deliver those functions (s 7(1)), then enumerates specific commercial, property and transactional powers (s 7(2)(a)-(t)).
Participants and associates: “Participant” and “associate” are persons or organisations that contribute to or have an interest in DKA’s activities and are members of participant or associate societies established under s 38. The Act foresees membership and fee collection (s 39) and requires the Minister to invite participants to nominate Board members (s 14).
Governance architecture: The Board (ss 11-27) conducts DKA’s affairs (s 8(1)). Composition rules prescribe between 5 and 11 members (s 12); half must be nominated by participants (s 13(2) and s 14); minimum Aboriginal representation is mandatory (s 13(4)); the Minister appoints members after consultation and must be satisfied of relevant qualifications and representational qualities (ss 13, 14, 16).
Ministerial and Treasurer roles: The Minister can issue written directions to the Board (s 9). The Treasurer’s approval is required for sale/disposal of property and certain financial acts (borrowing, investment, loans, forming bodies corporate, partnerships, franchises) (s 7(2)(b), (h)-(l); s 45). The Treasurer may request financial information from the chief executive at any time (s 46).
Precinct: The Minister may declare by Gazette one or more areas in the Territory to be the Desert Knowledge Australia Precinct (s 36); the precinct is the principal locus for DKA operations (s 37).
Accountability and financial management: DKA must keep proper accounts, operate ADI accounts as necessary, comply with accounting standards “as if it were a company within the meaning of” the Corporations Act 2001 (s 43(2)), and produce an annual report with audited financial statements to be sent to Minister and Auditor‑General (s 47).
By‑laws and regulatory powers: The Board may make by‑laws for precinct management and DKA‑controlled sites in the Territory (s 49(1)), limited by the requirement that by‑laws not be inconsistent with Acts or Regulations (s 49(2)). By‑laws may regulate access, conduct, vehicle control, impounding, and create offences with penalties up to two penalty units (s 50). Regulations may set higher penalties and designate regulatory offences (s 59(2)(f), (h)). Section 55 disapplies s 57 of the Interpretation Act 1978 to the By‑laws.

Two statutory interactions are notable as conceptual tensions embedded in the drafting. First, s 10 declares DKA an “excluded matter” for the purposes of s 5F of the Corporations Act 2001 in relation to the whole Corporations legislation. That declaration is textual and creates a special regulatory regime, yet s 43(2) requires DKA to comply with accounting standards “as if it were a company” under the Corporations Act. Second, while the Board operates the corporation, the Minister has a formal written direction power (s 9), and the Treasurer holds approval powers over significant financial acts (s 7, s 45). Those provisions allocate oversight and veto points for executive government over corporate decisions.

The Act identifies both directly affected stakeholders and classes of persons with consequential regulatory or practical obligations. The principal affected parties are:

Communities in deserts and arid lands: The objects in s 3 and functions in s 6 repeatedly target communities in desert and arid lands, including economic, social and cultural outcomes. These communities are intended beneficiaries of DKA programs and recipients of research, training and services.
Aboriginal people: The Act defines “Aboriginal” (s 4) and imposes minimum Aboriginal representation on the Board (s 13(4)) and requires that either the Chairperson or Deputy Chairperson be an Aboriginal (s 18(2)). These provisions affect selection processes and representation.
Participants and associates: Persons, organisations or authorities that contribute to or have an interest in DKA’s work are defined as participants and associates (s 4), and the Board must establish societies for participants and associates (s 38). Participants have formal influence over Board composition because half the Board must come from participant nominations (s 13(2)-(5); s 14).
The Territory Government (Minister and Treasurer): The Minister appoints Board members (s 13(1)), may give written directions to the Board (s 9) and must receive DKA’s annual report (s 47). The Treasurer has approval rights over disposal of real property and major financial transactions and may request financial information (s 7(2)(b), (h)-(l); s 45; s 46). The Minister and Treasurer thereby exercise appointment, direction and financial oversight power.
Board members, committees and staff: The Act creates duties, disclosure obligations and immunities for Board members, committee members and staff (ss 22-23; s 56). It prescribes appointment, terms, vacation, termination and meeting procedures (ss 11-31).
Users of the precinct and DKA‑controlled sites: By‑laws regulate access, conduct, vehicle use, speed and penalties on a site (ss 48-51). Owners of motor vehicles entering sites may be held liable for by‑law offences subject to statutory exceptions and evidence provisions (ss 52-53).
Third parties contracting or partnering with DKA: The Act gives DKA power to enter contracts, commercialise IP, form companies, trusts and alliances and to provide loans (s 7(2)(a), (g)-(l), (i)). Those powers affect potential private sector partners, licensees, and service providers.
Donors and grantors: DKA may accept gifts, grants and bequests and hold property on trust (s 7(2)(e); s 44). Donors will be subject to any trust terms DKA agrees to and to the Board’s administration of trust funds (s 44(1)-(2)).
Auditors and financial regulators: DKA’s annual financial statement must be audited by the Auditor‑General and tabled in the Legislative Assembly (s 47). The Treasurer may request financial information and DKA must comply (s 46). Accounting standards comparable to corporation standards apply (s 43(2)).
Courts and enforcement bodies: Courts must take judicial notice of the common seal (s 5(3)); by‑law offences and recoveries interact with the Fines and Penalties (Recovery) Act 2001 (s 54(2)); regulations may designate regulatory offences (s 59(2)(h)).

Who pays, who decides, what changes in behaviour: the Territory funds appropriations (s 40(a)) and the Board may charge fees and recover penalties (s 7(2)(q); s 50(1)(i)). The Minister decides appointments and directions (ss 13, 9), the Treasurer controls approvals for major financial acts (s 7, s 45) and the Board runs day‑to‑day affairs (s 8(1)). Participants gain formal nomination influence (s 14). Private parties contracting with DKA will face standard commercial negotiation but also Treasurer approval requirements for certain structures. Owners and users of the precinct must follow by‑laws and risk small penalties or vehicle liability if offences are committed (Pt 5).

The Act allocates definitive duties and rights across institutional players. Below are the principal operational obligations and entitlements spelled out in the text.

Board duties and constraints

Conduct of affairs: The Board must conduct DKA’s affairs in a manner reasonable and consistent with the objects (s 8(2)(a)), direct benefits to the Territory (s 8(2)(b)), operate within a Minister‑approved budget (s 8(2)(c)), and where commercial activities are involved, act in a commercial manner consistent with competitive neutrality (s 8(2)(d)). These are statutory constraints the Board must observe in exercising its broad s 7 powers.
Meetings and records: The Board must meet as often as necessary but at least four times per year (s 24(1)-(2)); maintain minutes and records of meetings and decisions (s 26(2)); and ensure quorum requirements are met (s 25(4)).
Conflicts and disclosure: Members must disclose corporate, partnership and other interests at their first Board meeting and vary disclosures on change; the Board must keep a register available for inspection (s 22(1)-(6)). If a member becomes aware of a pecuniary interest, they must disclose it as soon as possible at a meeting, and unless the Board resolves otherwise they cannot take part in decisions on that matter (s 23(2)-(3)).
Delegation and committees: The Board may delegate its powers (other than the delegation power and the power to make by‑laws) to persons or committees (s 27(1)); committees must keep records (s 35(2)).
Accountability: The Board must prepare an annual report containing a form of financial statement approved by the Treasurer and specified financial information, and forward the report to the Minister and Auditor‑General by 30 September following the financial year (s 47(1)-(3)). The Auditor‑General audits the financial statement and reports by 30 November (s 47(4)).

Minister and Treasurer duties and rights

Ministerial directions: The Minister may give written directions to the Board and those directions must be tabled in the Legislative Assembly within six sitting days and included in the annual report for the relevant financial year (s 9(1)-(3)). The Minister also appoints members and must comply with the nomination and consultation requirements (ss 13-16).
Treasurer approvals and oversight: Treasurer approval is required for certain property and financial acts (s 7(2)(b), (h)-(l)) and s 45 subjects all investments to Treasurer approval and to classes of investments the Treasurer approves. The Treasurer may request financial information from the chief executive at any time and the chief executive must comply (s 46).

Chief executive duties

Appointment and management: The Board must appoint a chief executive who is responsible for management and administration of DKA and performs functions imposed by this Act or another Act (s 30). The chief executive must act in accordance with Board decisions and is subject to Board directions (s 30(3)). Unless resolved otherwise, the chief executive must attend Board meetings to advise the Board (s 25(6)).

DKA rights and entitlements

Corporate capacities: DKA has the corporate rights of property, contractual capacity and litigation standing (s 5(2)).
Commercialisation and charging: The Board may create and commercialise intellectual property, enter into commercial arrangements, provide loans and grants (subject to Treasurer approval in some cases), establish halls of residence, charge for admission and services, and set membership fees for societies (s 7(2)(g), (i), (o), (q), (s); s 39).
By‑law making: The Board may make by‑laws for precinct management (s 49(1)) and impose penalties for breaches (s 50(1)(h)-(i)) subject to statutory constraints (s 49(2)).

Protections and liabilities

Immunity: Members, committee members and staff are not civilly or criminally liable for acts or omissions done in good faith in the exercise or purported exercise of powers or functions under the Act (s 56(2)-(3)). Subsections (2) and (3) do not affect any liability the Territory or DKA would otherwise have (s 56(4)).
Vehicle owner liability: The By‑laws impose a regime where the owner of a motor vehicle may be taken to have committed an offence if the offender is not identified, subject to statutory exceptions and a statutory declaration procedure to avoid liability (s 52).

Administrative constraints

Budget and Territory benefits: The Board must operate within a Minister‑approved budget (s 8(2)(c)) and direct benefits to the Territory (s 8(2)(b)). This formally aligns DKA’s operations to Territory public interest priorities in statute.
Accounting standards: While declared an excluded matter under the Corporations Act for some purposes (s 10), DKA is required to keep accounts and comply with accounting standards “as if it were a company” under the Corporations Act (s 43(2)).

These duties and rights form the statutory compliance perimeter for Board members, management and participants. Meeting, disclosure and financial reporting requirements impose recurring administrative obligations; Treasurer and Minister powers create gatekeeping on significant decisions.

The Act provides several enforcement mechanisms, varying by instrument (by‑laws, Regulations, recovery provisions) and allocates enforcement roles between DKA and external bodies.

By‑laws: offences and penalties

The Board may make by‑laws regulating precinct management and behaviour, including vehicle use, access, conduct of persons, speed limits, removal or impounding, and specific motor vehicle offences such as driving contrary to signs or directions (s 50(1)(a)-(h)). By‑laws may create offences and provide penalties not exceeding two penalty units for an offence against the By‑laws (s 50(1)(i)). A by‑law may operate absolutely or conditionally and be limited to sites or classes of persons (s 50(2); s 51(1)). The Act expressly excludes s 57 of the Interpretation Act 1978 from applying to the By‑laws (s 55), which can affect interpretation of by‑law provisions.

Regulations and higher penalties

The Administrator may make Regulations to support the Act (s 59(1)). The Regulations can prescribe procedural and operational matters, including penalties not exceeding 100 penalty units or 500 penalty units for bodies corporate for breaches of the Regulations (s 59(2)(f)). The Regulations may also provide for payment of an amount instead of a penalty and for designating an offence against the By‑laws or Regulations as a regulatory offence (s 59(2)(g)-(h)). Those Regulation powers create a parallel enforcement ladder that can be higher than the by‑law maximum.

Recovery and procedural enforcement

Penalties imposed following prosecution for a by‑law offence, or amounts payable in lieu of penalties, may be recovered as a debt due to DKA (s 54(1)). Section 54(2) expressly preserves application of the Fines and Penalties (Recovery) Act 2001, so recovery can be pursued under that established enforcement regime as appropriate. The Act also includes provisions dealing with evidence of ownership of motor vehicles (s 53) and liability of vehicle owners in situations where the offender is not ascertained, subject to statutory declaration exceptions (s 52).

Governance and member removal

The Minister may terminate appointment of a Board member on grounds of inability, inefficiency, misbehaviour or incapacity (s 20(1)). The Minister must terminate a member if the member is absent from three consecutive meetings without Board leave, or knowingly contravenes ss 22 or 23 (conflict disclosure obligations) (s 20(2)(a)-(b)). Criminal convictions or bankruptcy also end appointment (s 20(3)). These provisions are disciplinary enforcement levers within the governance framework.

Audit and financial oversight

The Board must prepare annual financial statements and an annual report (s 47). The Auditor‑General must audit the financial statement and report on it to the Minister (s 47(4)). The Treasurer may request financial information at any time, including investments, contingent liabilities and guarantees, and the chief executive must comply (s 46(1)-(3)). These provisions create audit and reporting controls and administrative enforcement channels.

Immunity and limits on liability

While s 56 provides immunity for Board members, committee members and staff for acts done in good faith, subsection (4) states these immunities do not affect any liability the Territory or DKA would, apart from those subsections, have for an act or omission. This duality limits personal exposure for good faith actions while preserving institutional accountability for wrongful acts.

Practical enforcement implications

Maximum by‑law penalties are low (2 penalty units) but Regulations may increase monetary exposure considerably (up to 100/500 units) (s 50(1)(i); s 59(2)(f)). Recovery as a debt and the interaction with the Fines and Penalties (Recovery) Act provide clear civil enforcement routes (s 54(1)-(2)). The owner liability regime for motor vehicle offences shifts initial liability to owners unless they make a qualifying statutory declaration within fourteen days of service of a notice (s 52(2)(c)). Evidence provisions for registration certificates are conclusive evidence of ownership for prosecutions (s 53). The Minister and Treasurer controls over appointments and finances provide non‑criminal enforcement levers in governance oversight.

The Act explicitly creates intersections and exceptions with other legal instruments and prescribes rules for coordinating with Territory and Commonwealth law.

Corporations law

Section 10 declares that DKA “is an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation.” The Act thereby signals a statutory carve‑out from aspects of federal corporations law through the mechanism referenced. The text does not restate the full legal effect of a s 5F exclusion; it simply records the declaration. At the same time, s 43(2) requires DKA to keep accounts and make reports “to the extent necessary” that comply with accounting standards “within the meaning of the Corporations Act 2001 as if it were a company.” That creates partial adoption of accounting standards from the Corporations Act while preserving an exclusionary status in some other respects. The result is a selective interaction: accounting standards apply; other Corporations rules are subject to the exclusion declared in s 10.

Interpretation Act and by‑laws

Section 55 expressly provides that s 57 of the Interpretation Act 1978 does not apply to the By‑laws. That statutory carve‑out modifies how By‑laws are interpreted relative to other subordinate legislation in the Territory; practitioners must check the Interpretation Act when reading by‑laws and bear in mind that s 57 (which normally affects commencement or publication interpretation) is disapplied here.

Fines and enforcement legislation

Recovery of penalties under the By‑laws as a debt due to DKA is permitted by s 54(1). Section 54(2) states that this does not affect the application of the Fines and Penalties (Recovery) Act 2001. That Act’s procedures therefore continue to govern enforcement and recovery practice, creating an immediate enforcement route already established in Territory law.

Registrar and motor vehicle registration acts

The Act cross‑references the Motor Vehicles Act 1949 for the definition of “motor vehicle” and for notice of disposal procedures that excuse owner liability when a vehicle has been sold but registration has not been transferred (s 52(2)(b)). Evidence provisions permit certificates issued under an Act (including Commonwealth or State Acts) to be conclusive evidence of registration facts in prosecutions (s 53). Those cross‑references bind DKA’s vehicle enforcement to existing motor vehicle registration processes.

Auditor‑General and public finance law

The Act requires the Auditor‑General to audit the DKA financial statement and report to the Minister (s 47(4)). The annual reporting and audit timetable aligns DKA with Territory public finance oversight mechanisms and the Parliamentary process for tabling reports (s 47(3)-(4)).

Regulations and subordinate legislation

Section 59 authorises the Administrator to make Regulations “not inconsistent with this Act.” The Regulations may cover a broad set of matters, including procedures for Board meetings, committee powers, suspension of by‑laws, review and appeal against by‑law decisions, penalties, and designation of regulatory offences (s 59(1)-(2)). This empowers subordinate law to fill procedural and enforcement gaps, subject to the Act’s constraints.

Other cooperation with Commonwealth/States

The Act explicitly authorises DKA to “enter into arrangements with other persons or organisations, whether from Australia or another country, or with the Commonwealth or a State or Territory” for development (s 7(2)(f)). This provision situates DKA to partner across jurisdictions, but any such arrangements remain subject to Treasurer approval where the Act requires it for specific financial or corporate formations (s 7(2)(h)-(l)).

In short, the Act creates selective harmonisation and carve‑outs with external legal regimes. It imports corporate accounting standards, excludes DKA from at least some Corporations Act coverage, relies on existing motor vehicle registration processes for evidence and procedural defences, and subjects finance and institutional arrangements to Treasurer and Auditor‑General oversight. Practitioners must read the Act alongside the Corporations Act, the Motor Vehicles Act 1949, the Interpretation Act 1978 and the Fines and Penalties (Recovery) Act 2001 in any compliance or enforcement matter.

The text supplied includes an Endnotes section that records key dates and a small set of amendments. The Act’s enactment and commencement dates and noted amendments are:

Assent and commencement: Desert Knowledge Australia Act 2003, Act No. 30 of 2003, received assent on 26 June 2003 and commenced on 22 September 2003 (Gaz S19, 22 September 2003) per Endnote 2.
Formal amendments: The Endnotes record that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to sections 48, 52, 54 and 55 (Endnote 3). Those are described as “general amendments of a formal nature” in the Endnotes.
Expiry notes: Endnote 4 notes that “pt 7 hdg exp No. 30, 2003, s 68” and “ss 60 - 68 exp No. 30, 2003, s 68” indicating some parts or sections that were in the original Act (Part 7 and ss 60-68) were expiry provisions in Act No. 30/2003 under s 68. The current reprint shows Parts 1-6 only; the endnote indicates that later or original expiry of certain sections occurred under the original Act. The reprint as included is “As in force at 22 March 2005” and the Endnotes record those historical technical changes.
No other amendment history is recorded in the provided text: there are no further amendment tables or schedules in the supplied version beyond the formal 2018 Interpretation Act amendments noted.

Readers should treat the endnotes as the only amendment record contained in the supplied document. For any present‑day compliance or litigation question, confirm whether subsequent amending instruments or reprints post‑2018 have altered text beyond the formal drafting amendments recorded here. The Act as reprinted for the date specified captures the form and content included above and the Endnotes reflect specific formal amendments and expiry notes in the original enactment.

The supplied Act text contains no case law, judicial decisions, or reports of litigation involving DKA. The Act itself does not cite any judicial decisions, nor does it include schedules identifying litigation. The only provision engaging courts is procedural and evidentiary:

Courts must take judicial notice of the common seal of DKA affixed to a document and must presume it was duly affixed (s 5(3)).
Minutes and certified copies of by‑laws and Gazette notices are conclusive evidence of by‑law making for court purposes (s 58(1)-(2)). Production of specified documents is conclusive evidence of a by‑law having been made (s 58(2)). Production of minutes and required notices is conclusive evidence of suspension of a by‑law (s 58(3)).

Because the supplied text does not name any judicial decisions or list disputes, there is no litigation history to summarise from the Act itself. Practitioners requiring cases that interpret DKA’s provisions, the effect of the s 10 Corporations Act exclusion, or disputes about by‑laws, ministerial directions or Treasurer approvals should search Territory court and tribunal decisions and subsequent reported cases; none are provided in the source text.

What the Act does supply are procedural evidentiary tools likely to shorten evidentiary disputes in prosecutions and administrative challenges: certified minutes, Chairperson‑signed copies of by‑laws and Gazette publication operate as conclusive evidence in proceedings (s 58). This creates an evidentiary posture favouring administrative records when enforcement of by‑laws or proof of Board decisions is in issue.

Several operational and legal “sharp edges” arise directly from the Act draft. These are not evaluative conclusions but practical risks or friction points grounded in the statutory text that practitioners and administrators should note.

Ministerial directions, tabling and accountability

The Minister’s written direction power (s 9(1)) subjects Board activity to executive direction. Directions must be tabled within six sitting days and included in the annual report (s 9(2)-(3)). The mechanics create a formal political oversight lever that must be recorded and disclosed, which can affect Board strategy and budgets, and may impose reputational and compliance reporting burdens.

Treasurer veto points and approval requirements

Several materially commercial powers are conditional on Treasurer approval: disposals of real or personal property (s 7(2)(b)), borrowing and investment (s 7(2)(h); s 45(1)-(2)), grants of loans (s 7(2)(i)), forming or participating in bodies corporate or partnerships and creating certain sharing profit arrangements (s 7(2)(j)-(k)), and entering franchises (s 7(2)(l)). These approvals create gatekeeping: they can delay transactions, require additional documentation and centralise financial risk assessment with the Treasurer. The Treasurer may request financial information at any time and the chief executive must comply (s 46), adding recurring reporting requirements and potential information burdens.

Corporations Act exclusion and accounting standards tension

Section 10 declares DKA an excluded matter for purposes of the Corporations Act s 5F in relation to the whole Corporations legislation, while s 43(2) requires compliance with accounting standards within the meaning of the Corporations Act “as if it were a company.” The practical effect is a partial adoption of corporations’ accounting standards but a statutory exclusion from other Corporations Act controls. That can produce ambiguity over which Corporations Act duties apply; the Act itself does not list the precise consequences of the s 10 exclusion. Practitioners must be careful to reconcile compliance with accounting standards while recognising the declared exclusion.

Board composition and participant influence

Half the Board must be persons nominated by participants (s 13(2); s 14) yet appointments are made by the Minister (s 13(1)). The Minister must invite participants to nominate and is required to consult, but the ultimate appointment power is executive. Minimum Aboriginal membership levels are mandated (s 13(4)) and either the Chair or Deputy must be Aboriginal (s 18(2)). These rules create representational guarantees but also political appointment points: selection processes for nominated positions and Ministerial appointments will materially affect governance dynamics.

By‑law interpretation and penalties

By‑laws can create offences with penalties up to 2 penalty units (s 50(1)(i)), but Regulations may impose penalties up to 100 units, or 500 units for bodies corporate (s 59(2)(f)). The disapplication of s 57 of the Interpretation Act 1978 to By‑laws (s 55) alters the default interpretive framework for by‑laws. Practitioners should not assume standard Interpretation Act presumptions apply to DKA By‑laws. There is also a risk of regulatory complexity from overlapping enforcement under by‑laws, Regulations and the Fines and Penalties (Recovery) Act (s 54(2)).

Owner liability regime for motor vehicle offences

Section 52 shifts primary liability for unidentified offenders to the owner of the vehicle subject to exceptions and a statutory declaration process within 14 days of service. This is effectively a reverse‑onus procedural regime to facilitate enforcement. Owners must keep records and be ready to make a statutory declaration quickly to avoid liability. A statutory declaration attached to a summons operates as evidentiary shield for the named person (s 52(5)). Administrative errors in registration transfers can cause unintended liability if notice of disposal requirements under the Motor Vehicles Act 1949 are not complied with (s 52(2)(b)).

Conflicts disclosure and termination

A member must disclose interests at the first meeting and on changes (s 22). Knowingly contravening ss 22 or 23 is ground for mandatory termination by the Minister (s 20(2)(b)). The disclosure regime is detailed and the termination consequence is severe; Board members must maintain accurate registers and apply abstention rules when pecuniary interests arise (s 23(3)).

Immunity versus institutional liability

Members and staff are protected from civil and criminal liability for acts done in good faith under s 56(2)-(3), but s 56(4) preserves any liability the Territory or DKA would otherwise have. This means personal immunity does not negate institutional exposure and practitioners must separate personal protection from organisational risk management.

Administrative cadence and reporting deadlines

The annual report timeline is tightly drawn: the Board must forward a copy to the Minister and Auditor‑General by 30 September, and the Auditor‑General must audit and report by 30 November for the Minister to table in the Legislative Assembly (s 47). Missing these dates can create compliance and Parliamentary reporting issues; DKA needs processes to meet those temporal obligations.

Delegation limits

The Board may delegate most powers but not the power to make by‑laws or the delegation power itself (s 27(1)). If the Board wishes to devolve day‑to‑day regulation of the precinct it must ensure it keeps the by‑law power and any necessary constraints under direct control.

Those are the principal “gotchas” embedded in the Act’s text. They translate into implementation risks: transactional delays from Treasury approvals, appointment politics and representational complexity, interpretive uncertainty on by‑laws, and administrative burdens from disclosure and reporting rules.

This section translates the Act’s requirements into a practical compliance checklist for the Board, chief executive, members, participants and third parties interacting with DKA. Each item cites the relevant statutory source.

Governance and Board compliance

Appointment processes: Ensure Ministerial appointment processes comply with ss 13-16. For nominations from participants, invite participants and participant societies to nominate suitable persons (s 14(1)), conduct required consultation and inquiries about nominees, and document the Minister’s basis for appointment against s 16(1) qualifications and s 16(2) representational requirements.
Meeting cadence and quorum: Meet at least four times per year (s 24(2)), ensure quorum rules are met at each meeting (s 25(4)(b)) and maintain minutes and records of all meetings and decisions (s 26(2)). The Chairperson presides; if absent, the Deputy or an elected member presides (s 25(1)).
Conflicts of interest: Keep a register of disclosures and update it when interests change. Require new members to disclose corporate, partnership and other interests at their first meeting (s 22(1)). If a member becomes aware of a pecuniary interest in a matter before the Board, require immediate disclosure at a meeting and ensure abstention from decision‑making unless the Board resolves otherwise (s 23(2)-(3)). Keep records of disclosures per s 22(6)(a) and make the register available for inspection as provided (s 22(6)(b)).
Delegations: Where the Board delegates powers under s 27, create written instruments of delegation, specify limits, and periodically review delegations. The Board cannot delegate its power to make by‑laws or the power of delegation itself (s 27(1)).

Financial and Treasury compliance

Treasurer approvals: Identify transactions that require Treasurer approval (s 7(2)(b), (h)-(l); s 45). Establish internal approval workflows, supporting documentation and timeline expectations for seeking Treasurer approval for property disposals, borrowing, investments, loans, corporate formations and partnerships.
Accounting standards and accounts: Maintain ADI accounts as necessary (s 42). Implement accounting systems that comply with Corporations Act accounting standards “as if” DKA were a company (s 43(2)), and have controls over liabilities, authorisations for payments, and custody of property (s 43(1)(b)-(d)). Engage qualified accounting staff or contractors to meet the standards required.
Annual report and audit schedule: Prepare an annual report and financial statement for each financial year (s 47(1)-(2)). Forward the report to the Minister and Auditor‑General by 30 September (s 47(3)). Coordinate with the Auditor‑General to enable audit and reporting by 30 November (s 47(4)). Keep the Treasurer informed of investments, contingent liabilities and guarantees as requested (s 46(2)(a)-(c)), and respond to Treasurer requests for financial information promptly (s 46(3)).

By‑laws and precinct management

By‑law drafting process: Draft by‑laws under s 49(1) that are consistent with the Act and other legislation (s 49(2)). Consider limiting by‑laws to specific sites or classes of persons where appropriate (s 51(1)). Prepare processes for suspension of by‑laws in accordance with Regulations when needed (s 51(2)) and ensure Gazette notification procedures are followed for precinct declaration and by‑law publication.
Enforcement and penalties: If by‑laws will create offences, ensure drafting accounts for the maximum penalty (2 penalty units under s 50(1)(i)) and whether Regulations will be used to create higher penalties (s 59(2)(f)). Implement signage and operational procedures for speed limits, vehicle control and directions on sites to support enforcement.
Vehicle owner procedures: Develop templates and administrative procedures to process statutory declarations under s 52(2)(c). If issuing notices of infringement or summonses for motor vehicle by‑law offences, ensure statutory declarations are attached and processed; track 14‑day time limits and registration disposal notices under the Motor Vehicles Act 1949 to avoid wrongful owner liability (s 52(2)(b), (c)).

Operational and program compliance

Societies and fees: Set up participant and associate societies under s 38 and establish fee structures and membership administration processes under s 39. Keep transparent records of memberships and fee receipts to support governance and participation nominations required under s 14.
Gifts and trust funds: When accepting gifts or trust funds, document the conditions and ensure compliance with them (s 44(1)). If creating trust funds, set up trust accounts, record‑keeping and reporting for trust administration (s 44(2)).
Intellectual property and commercial arrangements: When developing or commercialising IP, follow Board approvals and Treasurer sign‑off if the arrangement triggers the approvals in s 7(2)(h)-(l). Negotiate royalties and lump sum payments consistent with Board procedures and commercial scrutiny (s 7(2)(g)).

Personnel, procurement and consultancy

Staff appointments: Appoint staff and define terms and conditions as the Board sees necessary (s 29(1)-(2)). Ensure the chief executive is appointed in writing (s 30(1)) and that job descriptions reflect responsibilities to the Board (s 30(2)).
Consultants and contracts: Where engaging consultants (s 32), use clear contracts that set out deliverables, IP ownership or licensing, and procurement rules. For contracts and deeds, follow the formal execution provisions: deeds under common seal, and other instruments by persons authorised by the Board (s 57(1)-(3)).
Minutes as evidence: Keep corporate minutes and obtain Chairperson certification for key decisions and by‑laws (s 58(1)-(2)). This facilitates enforcement and court proof, as minutes and certified by‑law copies are conclusive evidence in proceedings (s 58(2)).

Risk management and insurance

Institutional liability: Although individuals enjoy immunity for acts done in good faith (s 56(2)-(3)), the Territory and DKA may still bear institutional liability (s 56(4)). Maintain appropriate insurance, legal review processes and risk registers to manage institutional exposure.
Record retention and audits: Maintain records required by the Board, Auditor‑General and Treasurer. Ensure records are accessible for inspection where the Board has determined the register must be available pursuant to s 22(6).

Practical timelines and process notes

Board members: Ensure new members disclose interests at their first meeting and update the register on any change within 30 days where the Board does not meet before that (s 22(4)); observe leave procedures (s 21); and note that failure to comply with disclosure rules can lead to termination (s 20(2)(b)).
Public transparency: Record and retain a copy of any written Minister direction and ensure it is tabled and disclosed according to s 9(2)-(3).
Regulation readiness: Anticipate Regulations under s 59 that may affect board procedures, penalties and appeals from by‑law decisions; monitor for issuing of Regulations and adjust compliance accordingly.

This checklist should be adapted into internal operating procedures, an annual compliance calendar keyed to reporting deadlines and Treasurer approval lead times, a conflicts and gifts policy consistent with ss 22-23 and s 44, and templates for statutory declarations and by‑law notices consistent with ss 52-53. Conformance with these statutory steps will reduce implementation risk and evidence gaps in enforcement or audit scenarios.

Desert Knowledge Australia Act 2003

Plain English Summary

Deep Dive

What it does

Current sections

Desert Knowledge Australia Act 2003

Source text: opening excerpt

1 Desert Knowledge Australia Act 2003

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply