Aboriginal and Torres Strait Islander Commission Amendment Act (No. 2) 1993 (Cth)
PART 1—PRELIMINARY
Section
1. Short title etc.
2. Commencement
PART 2—AMENDMENT TO INSERT A DEFINITION OF
“REGIONAL COUNCILLOR”
3. Interpretation
PART 3—AMENDMENTS RELATING TO REGIONAL COUNCIL
ADVISORY COMMITTEES
4. Advisory committees
5. Insertion of new sections:
96A. Advisory committee—disclosure of interests at meetings
96B. Advisory committee—member’s appointment to be terminated for non-disclosure of interests
96C. Advisory committee—resignation
6. Application of amendments
PART 4—AMENDMENTS RELATING TO WARDS
7. Interpretation
8. Insertion of new section:
100A. Regional Council wards
9. Persons entitled to vote at Regional Council elections
10. Persons qualified to be elected to Regional Councils
11. Polling places
TABLE OF PROVISIONS—
Section
12. Fixing of election days, and location of polling places, to be notified in
Gazette 13. Repeal of section and substitution of new section:
107. Effect of nominations
14. Counting of votes and election of candidates
15. Rules for conduct of elections
16. Constitution of Regional Councils
17. Persons taken to have resigned from Regional Councils in certain circumstances
18. Schedule 2
19. Insertion of new Schedule :
SCHEDULE 2A
METHOD OF DETERMINING THE SUCCESSFUL CANDIDATE AT AN
ELECTION FOR A SINGLE MEMBER FOR A REGIONAL COUNCIL WARD
20. Application of amendments
PART 5—AMENDMENTS RELATING TO REGIONAL COUNCILS
21. Interpretation
22. Persons qualified to be elected to Regional Councils
23. Disclosure of interests
24. Persons taken to have resigned from Regional Councils in certain circumstances
25. Persons cease to be members of Regional Councils in certain circumstances
26. Insertion of new sections:
122A. Suspension and removal from office of Regional Councillor
122B. Regional Council may recommend that action be taken against Regional Councillor
27. Chairperson and Deputy Chairperson
28. Suspension and removal from office of Chairpersons
29. Insertion of new sections:
127E. Term of office of Deputy Chairperson
127F. Resignation of Deputy Chairperson
127G. Suspension and removal from office of Deputy Chairperson
127H. Acting appointments
127J. Alternate Deputy Chairperson
30. Meetings of Regional Councils
31. Regulations
32. Application of amendments
PART 6—AMENDMENTS RELATING TO THE TORRES STRAIT
REGIONAL COUNCIL
33. Insertion of new section:
104A. Election for Torres Strait Regional Council deferred from 1993 to 1994
PART 7—AMENDMENTS RELATING TO THE REMUNERATION AND
ALLOWANCES PAYABLE TO CERTAIN OFFICE HOLDERS
34. Insertion of new section:
194A. Global limit on remuneration and allowances payable to certain office holders
TABLE OF PROVISIONS—
Section
PART 8—AMENDMENTS RELATING TO THE MEANING OF
“MISBEHAVIOUR”
35. Interpretation
36. Insertion of new section:
4A. Minister may make determinations about what constitutes misbehaviour
PART 9—AMENDMENTS TO SUBSTITUTE A NEW SCHEDULE 1
(ZONES AND REGIONS)
37. Repeal of Schedule and substitution of new Schedule:
SCHEDULE 1
ZONES AND REGIONS
38. Application of amendments
PART 10—TRANSITIONAL PROVISIONS RELATING TO THE
REPLACEMENT OF 59 ORIGINAL REGIONAL COUNCILS BY 35 NEW
REGIONAL COUNCILS
39. This Part does not apply to Torres Strait Regional Council
40. Object of Part
41. Definitions
42. Minister may make transitional determinations
[
The Parliament of Australia enacts:
2 . This Act commences on the day on which it receives the Royal Assent.
“
“(3) A member of an advisory committee is entitled to remuneration and allowances in accordance with section 194.
“(4) A member of an advisory committee holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Commission by notice published in the
“96A.(1) A member of an advisory committee established under section 96 who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.
“(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the committee.
“96B.(1) This section applies to an advisory committee established under section 96 by a Regional Council.
“(2) The Regional Council must terminate the appointment of a member of the committee if the member fails, without reasonable excuse, to comply with section 96A.
“(3) Subsection (2) does not, by implication, limit the power of the Regional Council to terminate the appointment of a member of the committee.
“96C. A member of an advisory committee established under section 96 may resign from the committee by writing signed by the member and sent to the Regional Council concerned.”.
“
8. After section 100 of the Principal Act the following section is inserted:
“100A.(1) The Regional Council election rules may:
(a) provide for the division of a region into such wards as are specified; and
(b) set out the boundaries of each ward so specified; and
(c) fix the designated number for each ward so specified.
“(2) The number of wards in each region must not be more than 5.
“(3) The following is an explanation of the significance of fixing the designated number for a ward:
(a) if the designated number is 1—subject to section 107 (which deals with nominations), there is to be a single member of the Regional Council for the ward;
(b) if the designated number is any other number—subject to section 107 (which deals with nominations), there is to be that number of members of the Regional Council for the ward.
“(4) The total of the designated numbers for the wards in a region must equal the prescribed number in relation to the Regional Council.
“(5) Regional Council election rules made for the purposes of this section:
(a) have effect for the purposes of Regional Council elections held after the commencement of the rules; and
(b) take effect, for all other purposes, at the end of the election period in relation to the first round of Regional Council elections held after the date on which the rules commence.
“(6) For the purposes of this Act, if there are no Regional Council election rules in force that divide a region into wards:
(a) the region is taken to be a single ward; and
(b) the designated number in relation to the ward is equal to the prescribed number in relation to the Regional Council concerned.”.
9 . Section 101 of the Principal Act is amended:
(a) by omitting “an election for the members of a Regional Council” and substituting “a Regional Council ward election”;
(b) by omitting from subparagraph (b)(i) “the region for which the Regional Council is established” and substituting “the ward concerned”.
10. Section 102 of the Principal Act is amended:
(a) by omitting from subsection (1) “of a Regional Council” and substituting “for a Regional Council ward”;
(b) by omitting from paragraph (1)(a) “election” and substituting “ward election concerned”;
(c) by omitting from paragraph (1)(b) “region for which the Regional Council is established” and substituting “ward”.
12. Section 106 of the Principal Act is amended:
(a) by inserting in subsection (3) “, (1A)” after “(1)”;
(b) by adding at the end of subsection (3) the following word and paragraph:“; and (c) if a particular region is divided into wards—a notice setting out an estimate by the Minister, in relation to each ward, of:
(i) the number of persons who will be entitled to vote at the forthcoming Regional Council ward election for that ward; and
(ii) the number of persons living in that ward who are Aboriginal persons or Torres Strait Islanders.”.
“107.(1) If the number of candidates nominated for election as the member or members for a Regional Council ward is equal to or less than the designated number in relation to the ward, the authorised electoral officer must declare the candidate or candidates, as the case requires, to be duly elected. Subsection (3) may require the deferral of the declaration.
“(2) If the number of candidates nominated for election as the member or members for a Regional Council ward is more than the designated number in relation to the ward, a poll must be held.
“(3) If subsection (1) applies to some, but not all, of the wards in a region, all declarations (whether made under this section or otherwise) must be made in respect of all the wards on the same day.”.
(a) whichever of Schedules 2 and 2A applies; and
(b) the Regional Council election rules.”.
“(a) there were fewer than the designated number of candidates for election as the member or members for any ward at the last election for the Regional Council; or”.
17. Section 121 of the Principal Act is amended:
(a) by omitting from subsection (1) “of a Regional Council” and substituting “for a Regional Council ward”;
(b) by omitting from paragraph (1)(a) “region” and substituting “ward”;
(c) by omitting from paragraph (1)(b) “region” and substituting “ward”.
18. Schedule 2 to the Principal Act is amended:
(a) by omitting from the heading “REGIONAL COUNCIL ELECTIONS” and substituting “ELECTIONS FOR 2 OR MORE MEMBERS FOR A REGIONAL COUNCIL WARD”;
(b) by omitting from clause 1 “election” and substituting “ward election for 2 or more members for the ward concerned”;
(c) by omitting from clause 3 “prescribed number in relation to the Regional Council” and substituting “designated number in relation to the ward”;
(d) by inserting “ward” after “Council” in the definition of “leading shortfall” in clause 24;
(e) by inserting “ward” after “Council” in the definition of “shortfall” in clause 24;
(f) by inserting “ward” after “Council” in the definition of “vacancy shortfall” in clause 24.
“
SCHEDULE 2A Section 111
METHOD OF DETERMINING THE SUCCESSFUL CANDIDATE
AT AN ELECTION FOR A SINGLE MEMBER FOR A
REGIONAL COUNCIL WARD
1. A candidate needs an absolute majority of votes to be elected.
(a) the determination of an absolute majority of votes; and
(b) the method of choosing between 2 or more candidates, each of whom has the same number of votes, in order to work out which candidate to exclude; and
(c) determining when a ballot paper is exhausted.”.
22. Section 102 of the Principal Act is amended:(a) by omitting “or” from the end of paragraph (1)(d);
(b) by adding at the end of subsection (1) the following paragraphs:
“; (f) the person is bankrupt; or
(g) there is in operation a composition, deed of arrangement or deed of assignment with the person’s creditors under the law relating to bankruptcy.”.
“(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and the member must not:
(a) unless the Minister otherwise determines in writing—be present during any deliberation of the Regional Council with respect to that matter; or
(b) unless the Minister otherwise determines in writing—take part in any decision of the Regional Council with respect to that matter.
“(3) The Minister may, by writing, delegate to the Commission Chairperson any or all of the Minister’s powers under subsection (2).
“(4) The Minister may make a written determination providing that specified interests are taken to be direct or indirect pecuniary interests for the purposes of this section.
“(5) The Minister may make a written determination providing that specified interests are taken not to be direct or indirect pecuniary interests for the purposes of this section.
“(6) A determination under subsection (4) or (5) is a disallowable instrument for the purposes of section 46A of the
“(1B) Subsection (1) does not apply to the Chairperson of a Regional Council if the Commission makes a written determination that it is satisfied that the Chairperson lives within reasonable daily commuting distance of an office of the Commission that serves the region concerned.”.
25. Section 122 of the Principal Act is amended:
(a) by omitting “or” from the end of paragraph (1)(b);
(b) by inserting after paragraph (1)(c) the following paragraphs:“(d) has been absent from 3 consecutive meetings of the Council without leave of the Council and without reasonable excuse;
(e) has become bankrupt;
(f) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors;
(g) has compounded with his or her creditors; or
(h) has made an assignment of his or her remuneration for the benefit of his or her creditors;”.
“122A.(1) Subject to subsection (2), the Commission may suspend a Regional Councillor from office because of misbehaviour or physical or mental incapacity.
“(2) The Commission must not suspend the Regional Councillor from office unless the Commission has, by written notice served on the Regional Councillor, given the Regional Councillor 30 days within which to show cause why he or she should not be suspended.
“(3) The Commission must cause a statement identifying the Regional Councillor and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.
“(4) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Regional Councillor ought to be restored to office. If each House so passes such a resolution, the Commission must terminate the suspension.
“(5) If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Commission may remove the Regional Councillor from office.
“(6) If the Commission removes a Regional Councillor from office, the Commission must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the removal, a statement:
(a) identifying the Regional Councillor; and
(b) stating that he or she has been removed from office; and
(c) setting out the ground of the removal from office.
“122B.(1) A Regional Council may recommend that the Commission take action against a member of the Council under section 122 or 122A.
“(2) The Commission must consider the recommendation.”.
27 . Section 127 of the Principal Act is amended:
(a) by omitting from subsection (1) “and thereafter at the next meeting held after each anniversary of that first meeting”;
(b) by omitting paragraph (1)(b) and substituting the following paragraph:“(b) a Deputy Chairperson.”;
(c) by inserting in subsection (1A) “or Deputy Chairperson” after “Chairperson”;
(d) by omitting subsection (2);
(e) by omitting paragraph (3)(b) and substituting the following paragraph:“(b) must elect a new Deputy Chairperson if there is a vacancy in the office of Deputy Chairperson of the Regional Council.”;
(f) by adding at the end the following subsection:“(5) The first meeting of a Regional Council after it is elected must be held as soon as practicable after the declaration of the poll in relation to that election.”.
28. Section 127C of the Principal Act is amended:
(a) by omitting from paragraph (2)(a) “giving” and substituting “given”;
(b) by omitting from subsections (5), (6) and (7) “terminate the Chairperson’s appointment” and substituting “remove the Chairperson from office”;
(c) by omitting from subsection (6) “may” and substituting “must”;
(d) by omitting from subsection (8) “terminates the appointment of the Chairperson” and substituting “removes a person from the office of Chairperson”;
(e) by omitting from subsection (8) “termination” (first occurring) and substituting “removal”;
(f) by omitting from paragraph (8)(b) “his or her appointment has been terminated” and substituting “he or she has been removed from office”;
(g) by omitting from paragraph (8)(c) “termination” and substituting “removal from office”.
“127E.(1) The Deputy Chairperson of a Regional Council holds office for the period starting when he or she is elected and ending at the end of the next election period of the Regional Council.
“(2) If the Deputy Chairperson of a Regional Council becomes a Commissioner, he or she ceases to be the Deputy Chairperson of the Regional Council.
“127F.(1) The Deputy Chairperson of a Regional Council may resign by writing signed by him or her and sent to the Minister.
“(2) The Deputy Chairperson of a Regional Council is taken to have resigned if:
(a) he or she resigns from the Regional Council; or
(b) under section 121, he or she is taken to have resigned from the Regional Council.
“127G.(1) Subject to subsection (2), the Minister may suspend the Deputy Chairperson of a Regional Council from office because of misbehaviour or physical or mental incapacity.
“(2) The Minister must not suspend the Deputy Chairperson from office unless the Minister has:
(a) by written notice served on the Deputy Chairperson, given the Deputy Chairperson 7 days within which to show cause why the Deputy Chairperson should not be suspended; and
(b) consulted the Commission.
“(3) The Minister must cause a statement identifying the Deputy Chairperson and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.
“(4) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Deputy Chairperson ought to be restored to office. If each House so passes such a resolution, the Minister must terminate the suspension.
“(5) If, at the end of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Minister may remove the Deputy Chairperson from office.
“(6) If the Deputy Chairperson of a Regional Council ceases to be a Regional Councillor otherwise than by resigning from the Regional Council, the Minister must remove the Deputy Chairperson from office.
“(7) If the Minister removes a person from the office of Deputy Chairperson of a Regional Council, the Minister must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the removal, a statement:
(a) identifying the Deputy Chairperson; and
(b) stating that he or she has been removed from office; and
(c) setting out the ground of the removal from office.
“127H.(1) The Deputy Chairperson of a Regional Council is to act as the Chairperson of the Regional Council:
(a) during a vacancy in the office of Chairperson of the Regional Council, whether or not an election has previously been conducted for the office; or
(b) during any period, or during all periods, when the Chairperson of the Regional Council is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
“(2) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid merely because the occasion to act had not arisen or had ceased.
“127J.(1) A Regional Council may elect a member of the Council to be the alternate of the Deputy Chairperson.
“(2) A Regional Council must not elect a Commissioner to be the alternate of the Deputy Chairperson.
“(3) The alternate of the Deputy Chairperson holds office for such period as is determined by the Regional Council. However, the alternate of the Deputy Chairperson may be re-elected under subsection (1).
“(4) If the alternate of the Deputy Chairperson becomes a Commissioner, he or she ceases to be the alternate of the Deputy Chairperson.
“(5) The alternate of the Deputy Chairperson is to act as the Deputy Chairperson:
(a) during a vacancy in the office of Deputy Chairperson, whether or not an election has previously been conducted for the office; or
(b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
“(6) The alternate of the Deputy Chairperson is to act as the Chairperson:
(a) during a vacancy in the offices of both the Chairperson and the Deputy Chairperson, whether or not elections have previously been conducted for the offices; or
(b) during any period, or during all periods, when both of the following subparagraphs apply:
(i) the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chairperson;
(ii) the Deputy Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Deputy Chairperson; or
(c) during any period, or during all periods, when both of the following subparagraphs apply:
(i) the Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Chairperson;
(ii) there is a vacancy in the office of Deputy Chairperson, whether or not an election has previously been conducted for the office; or
(d) during any period, or during all periods, when both of the following subparagraphs apply:
(i) there is a vacancy in the office of Chairperson, whether or not an election has previously been conducted for the office;
(ii) the Deputy Chairperson is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.
“(7) Anything done by or in relation to a person purporting to act under subsection (5) or (6) is not invalid merely because the occasion to act had not arisen or had ceased.
“(8) The Regional Council may remove the alternate of the Deputy Chairperson from office.
“(9) The alternate of the Deputy Chairperson may resign the office of alternate Deputy Chairperson by writing signed by the alternate and given to the Regional Council.”.
“(7) If the Chairperson of a Regional Council is not present at a meeting of the Regional Council:
(a) if the Deputy Chairperson of the Regional Council is present—the Deputy Chairperson of the Regional Council is to preside at the meeting; and
(b) if:
(i) the Deputy Chairperson of the Regional Council is not present; and
(ii) the alternate of the Deputy Chairperson of the Regional Council is present;
the alternate of the Deputy Chairperson is to preside at the meeting; and
(c) in any other case—the Regional Councillors present are to elect one of their number to preside at the meeting.”.
“104A.(1) The Torres Strait Regional Council is exempt from the 1993 round of Regional Council elections.
“(2) Unless the Parliament otherwise provides, the election for the Torres Strait Regional Council that would otherwise have been held in 1993 must be held in 1994.
“(3) Unless the Parliament otherwise provides, the polling day or days for the 1994 election for the Torres Strait Regional Council must be not later than the day in 1994 on which the triennial election is held for an Island Council under the Queensland Act.
“(4) A reference in a provision of this Act (other than this section), or in a provision of any other law of the Commonwealth, to:
(a) the end of the election period for the round of Regional Council elections for 1993; or
(b) the end of the round of Regional Council elections for 1993;
has effect, for the purposes of the application of that provision to the Torres Strait Regional Council, as if it were a reference to:
(c) the end of the election period for the Torres Strait Regional Council election for 1994; or
(d) the end of the Torres Strait Regional Council election for 1994;
as the case requires.
“(5) The following provisions apply in relation to the Torres Strait Regional Council election for 1994 as if that election were a round in its own right:
(a) definition of ‘election period’ in subsection 4(1);
(b) paragraph 91(7)(b);
(c) paragraph 100A(5)(b);
(d) subsection 104(2);
(e) subsection 130(3);
(f) paragraph 132(1)(b);
(g) section 133.
“(6) Subsection 106(1A) applies in relation to the Torres Strait Regional Council as if a reference in that subsection to the round of Regional Council elections for 1993 were a reference to the Torres Strait Regional Council election for 1994.
“(7) Subsections 20(1) and 32(2) of the
“(8) Division 7 applies in relation to the zone election for the Torres Strait zone that is required to be held as soon as practicable after the Torres Strait Regional Council election for 1994 as if the zone election were a round in its own right.
“(9) In this section:
“194A.(1) The object of this section is to enable the Commission to set a global limit on the remuneration and allowances payable to the holders of certain offices. The purpose of the global limit is to assist the Commission to manage its finances effectively.
“(2) This section applies to the following bodies:
(a) an advisory committee established under section 13;
(b) the Torres Strait Islander Advisory Board established under section 82;
(c) an advisory committee established under section 96;
(d) a Regional Council.
“(3) The Commission may make a written determination fixing an opening remuneration credit of a specified body for a specified period. Subject to subsection (9), the period must not begin before the determination is made.
“(4) The opening remuneration credit of the body arises, or is taken to have arisen, at the start of the period.
“(5) The Commission may make a written determination fixing a supplementary remuneration credit of the body for the period.
“(6) A supplementary remuneration credit arises at the start of the day specified in the determination. The day must be within the period. The day must not be earlier than the day on which the determination is made.
“(7) If, on a particular day in the period, an entitlement to remuneration or allowances accrues to a member of the body in that capacity, there arises, or is taken to have arisen, at the end of that day, a remuneration debit of the body equal to the amount of that entitlement.
“(8) If, on a particular day in the period, the total of the body’s remuneration debits arising before that day and during that period is equal to or more than the sum of:
(a) the body’s opening remuneration credit arising before that day and during that period; and
(b) each of the body’s supplementary remuneration credits (if any) arising before that day and during that period;
no entitlement to remuneration or allowances accrues, or is taken to have accrued, to a member of the body in respect of anything done by that member in that capacity on that day.
“(9) If, at its first meeting after the commencement of this section, the Commission makes a determination fixing an opening remuneration credit of a body for a period, the period may be expressed to start at a time before the commencement of this section. The time must not be earlier than the start of 19 August 1993.
“(10) This section has effect despite anything in this Act or in any other law of the Commonwealth.
“(11) If the Commission makes a determination under this section in relation to a body, the Commission must give a copy of the determination to the body as soon as practicable after the determination is made.
“(12) In this section, a reference to remuneration or allowances is a reference to remuneration or allowances to which a member of a body is entitled in that capacity in accordance with section 194, but does not include a reference to the remuneration payable to the Chairperson of a Regional Council.
“(13) The following is an example of the operation of this section:
(a) On 1 December 1993, the Commission makes a determination fixing an opening remuneration credit of $1,000 of body ‘A’ for the period 1 December 1993 to 31 December 1993.
(b) On 3 December 1993, ‘A’ holds a meeting. The total remuneration and allowances to which the members of ‘A’ are entitled in respect of the meeting is $400.
(c) On 7 December 1993, ‘A’ holds another meeting. The entitlements of members amount to $400.
(d) On 9 December 1993, the Commission makes a determination fixing a supplementary remuneration credit determination of $200.
(e) On 12 December 1993, ‘A’ holds another meeting. The entitlements of members amount to $400.
(f) On 15 December 1993, ‘A’ holds another meeting. The entitlements of members amount to $400.
The following table illustrates the effect of each of these events:
TABLE | ||||||
Date |
| Rem’n credit | Rem’n debit | Remuneration balance | Effect on entitlement to remuneration | |
|
|
| ||||
Start of day | End of day | |||||
1 Dec | Opening remuneration credit determined | 1,000 | 1,000 | 1,000 | ||
3 Dec | Meeting of ‘A’ | 400 | 1,000 | 600 | Members of ‘A’ entitled to remuneration | |
7 Dec | Meeting of ‘A’ | 400 | 600 | 200 | Members of ‘A’ entitled to remuneration | |
9 Dec | Suppl’y remuneration credit determined | 200 | 400 | 400 | ||
12 Dec | Meeting of ‘A’ | 400 | 400 | 0 | Members of ‘A’ entitled to remuneration | |
15 Dec | Meeting of ‘A’ | 0 | 0 | Members of ‘A’ not entitled to remuneration | ||
”.
“
36. After section 4 of the Principal Act the following section is inserted:
“4A.(1) The Minister may make a written determination providing that specified behaviour is taken to be misbehaviour for the purposes of this Act.
“(2) The Minister may make a written determination providing that specified behaviour is taken not to be misbehaviour for the purposes of this Act.
“(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the
“SCHEDULE 1 Subsections 91(1) and 130(1)
ZONES AND REGIONS
|
|
|
|
|
|
| |
|
|
|
|
| |
| |
|
|
| |
| |
| |
|
|
| |
| |
|
|
| |
|
| |
|
|
| |
|
|
| |
|
|
| |
| |
|
|
|
|
|
|
| |
|
|
|
| |
|
|
|
|
| |
| |
|
|
| |
|
|
|
”.
38. Section 24 of the
39. This Part does not apply to the Torres Strait Regional Council.
41. In this Part:
(2) Without limiting subsection (1), a determination may provide that:
(a) specified Regional Council estimates for one or more specified old Regional Councils have effect, after the transition time, as if they were a single set of Regional Council estimates for a specified new Regional Council; or
(b) a specified thing done by or in relation to one or more old Regional Councils has effect, after the transition time, as if it had been done by or in relation to a specified new Regional Council.
(3) A determination under this section is a disallowable instrument for the purposes of section 46A of the
1. No. 150, 1989, as amended. For previous amendments, see No. 122, 1991; and No. 26, 1993.
[
House of Representatives on 18 August 1993
Senate on 1 September 1993
0
0
0