Aboriginal and Torres Strait Islander Act 2005

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A03898 In force Act

Legislation content

Aboriginal and Torres Strait Islander Act 2005

No. 150, 1989

Compilation No. 56

Compilation date: 15 February 2025

Includes amendments: Act No. 9, 2025

About this compilation

This compilation

This is a compilation of the Aboriginal and Torres Strait Islander Act 2005 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects

4 Interpretation

4A Minister may make determinations about what constitutes misbehaviour

4B Indigenous‑held land

4C Water‑related rights

5 Act binds the Crown

5A Application of the Criminal Code

Part 3A—Torres Strait Regional Authority

Division 1—Torres Strait Regional Authority

142 Torres Strait Regional Authority

Division 2—Functions of TSRA

142A Functions of TSRA

142AA Conferring functions on TSRA

142B Minister may approve performance of functions under State or Territory laws

142C Powers of TSRA

142D Torres Strait Development Plan

142E Directions by Minister

Division 3—General funding powers of TSRA

142F TSRA may make grants and loans

142G TSRA may give guarantees

142GA TSRA may make grants and loans to Queensland government etc.

142H Grants and loans to be repayable if conditions breached etc.

142J Restriction on right to dispose of interest in land

142JA TSRA’s interest in land

142K TSRA to formulate decision‑making principles about grants, loans and guarantees

142L Review of operation of Part etc.

142M Advisory committees

142N Advisory committee—disclosure of interests at meetings

142P Advisory committee—member’s appointment to be terminated for non‑disclosure of interests

142Q Advisory committee—resignation

Division 4—Constitution of TSRA

142R Constitution of TSRA

142S Minister may determine manner…

Overview

The Aboriginal and Torres Strait Islander Act 2005 was enacted by the Australian Parliament to address the historical and ongoing issues of dispossession and disadvantage faced by Aboriginal and Torres Strait Islander peoples. This Act was established to provide a framework for the participation of Aboriginal and Torres Strait Islander peoples in the formulation and implementation of policies affecting them, to promote their economic, social and cultural development, and to ensure their full recognition and participation in Australian society. The Act establishes the Torres Strait Regional Authority, Indigenous Business Australia, and the Indigenous Land and Sea Corporation, among other provisions, with a view to fostering self-determination, economic empowerment, and cultural preservation for these communities. The overarching policy objective is to facilitate reconciliation and address systemic inequalities by empowering Indigenous Australians through self-governance and economic initiatives.

Scope and Application

The Aboriginal and Torres Strait Islander Act 2005 applies to the establishment of a Torres Strait Regional Authority (TSRA), an Indigenous Business Australia (IBA), and an Indigenous Land and Sea Corporation (ILSC). The Act primarily targets Aboriginal and Torres Strait Islander peoples and aims to ensure their maximum participation in the formulation and implementation of policies and programs affecting them. The Act applies across the Commonwealth, establishing these entities to provide a voice for these communities at a national level. The TSRA is tasked with recognising and maintaining the unique cultural heritage of the Torres Strait Islanders and Aboriginal persons, as well as promoting their social and economic well-being. IBA is responsible for enhancing the commercial and economic status of Aboriginal and Torres Strait Islander businesses, while the ILSC focuses on the acquisition and management of land and waters for the benefit of these communities. The Act binds the Crown in all States and Territories of Australia and in the Australian Capital Territory and the Northern Territory. It also extends to any external territories of Australia. Notably, Part 2 of the Act, which dealt with Regional Councils, was repealed by the Aboriginal and Torres Strait Islander Commission Amendment Act 2005. The Act's provisions can be further detailed or modified by subordinate instruments such as regulations and directions, but the core principles and objectives as set out in the Act remain unalterable by these subordinate instruments.

Key Provisions

  • The Aboriginal and Torres Strait Islander Act 2005 (the Act) establishes the Torres Strait Regional Authority (TSRA) (sections 142 and 142A), Indigenous Business Australia (sections 145 and 146) and the Indigenous Land and Sea Corporation (sections 191A and 191B). Section 142A outlines the functions of the TSRA, which include recognising and maintaining the special and unique Ailan Kastom of Torres Strait Islanders and Aboriginal persons living in the Torres Strait area, and formulating and implementing programs to improve the economic, social, and cultural development of these communities. Section 146 describes the purpose of Indigenous Business Australia as assisting and enhancing the self-management and economic self-sufficiency of Aboriginal and Torres Strait Islander peoples.
  • The Act imposes various obligations on the TSRA, including the requirement to formulate and revise the Torres Strait Development Plan (section 142D). The TSRA must also ensure that the collection and publication of statistical information about Torres Strait Islanders and Aboriginal persons living in the Torres Strait area are conducted in a manner that respects their privacy (section 142I). Indigenous Business Australia must act in accordance with the Public Governance, Performance and Accountability Act 2013 (section 145) and the Indigenous Land and Sea Corporation must act in accordance with the Act itself (section 191A). The functions of the Indigenous Land and Sea Corporation include the acquisition and management of land and water-related rights for the benefit of Aboriginal and Torres Strait Islander peoples (sections 191C and 191D).
  • Sections 197, 198, and 199 of the Act detail offences and penalties for breaches. Section 197 outlines the criminal offence of making a false statement in a claim under a guarantee, grant, or loan provided by the TSRA, Indigenous Business Australia, or the Indigenous Land and Sea Corporation, with a maximum penalty of five years imprisonment or 100 penalty units. Section 198 specifies offences related to electoral misconduct in TSRA elections, including bribery or undue influence, with penalties up to five years imprisonment or 100 penalty units. Section 199 details offences related to the conduct of directors, employees, and agents of the entities governed by the Act, including misbehaviour and failure to comply with directions, with penalties up to one year imprisonment or 50 penalty units.
  • Civil and criminal consequences for breaches of the Act include imprisonment and fines, as specified in the various sections addressing offences. For example, section 197 imposes a penalty of up to five years imprisonment or 100 penalty units for making false statements in claims under guarantees, grants, or loans. Section 198 imposes penalties of up to five years imprisonment or 100 penalty units for electoral misconduct in TSRA elections. Section 199 imposes penalties of up to one year imprisonment or 50 penalty units for breaches by directors, employees, or agents of the entities governed by the Act. Additionally, section 193S imposes a penalty of imprisonment for up to one year or 50 penalty units for disclosing certain information without authorisation. The Act also includes provisions for the review of decisions by the Administrative Review Tribunal (sections 196A and 196AA) and for the recall of members of the TSRA (section 143T).

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.