Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 (Cth)
PART 1—PRELIMINARY
Section
1. Short title etc.
2. Commencement
PART 2—AMENDMENTS RELATING TO THE DIRECTOR OF THE OFFICE OF EVALUATION AND AUDIT
3. Insertion of new sections:
77A. Period of appointment
77B. Remuneration and allowances
77C. Leave of absence
77D. Acting Director of Evaluation and Audit
77E. Disclosure of interests
77F. Resignation
TABLE OF PROVISIONS—
Section
77G. Termination of appointment
77H. Director of Evaluation and Audit not personally liable
77J. Other terms and conditions
4. Application of amendments
PART 3—AMENDMENTS RELATING TO THE FUNCTIONS OF THE OFFICE OF EVALUATION AND AUDIT
5. Repeal of section and substitution of new section:
76. Functions of Office
PART 4—AMENDMENTS RELATING TO THE TERM OF APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION
6. Period of appointment
PART 5—AMENDMENTS RELATING TO ADVISORY COMMITTEES ESTABLISHED UNDER SECTION 13 OF THE PRINCIPAL ACT
7. Advisory committees
8. Insertion of new sections:
13A. Advisory committee—disclosure of interests at meetings
13B. Advisory committee—member’s appointment to be terminated for non-disclosure of interests
13C. Advisory committee—resignation
PART 6—AMENDMENTS RELATING TO THE TORRES STRAIT ISLANDER ADVISORY BOARD
9. Insertion of new sections:
86A. Advisory Board—disclosure of interests at meetings
86B. Advisory Board—member’s appointment to be terminated for non-disclosure of interests
86C. Advisory Board—resignation
PART 7—AMENDMENTS RELATING TO ADMINISTRATORS
10. Interpretation
11. Constitution of Regional Councils
12. Removal of Regional Council
13. Powers of Administrator
14. Insertion of new sections:
124A. Remuneration and allowances
124B. Administrator holds office on a full-time basis
124C. Disclosure of interests
124D. Resignation of Administrator
124E. Leave of absence
124F. Termination of appointment
124G. Acting Administrator
124H. Other terms and conditions
124J. Commission may appoint replacement Administrator if there is a vacancy in an office of Administrator
15. Members of Regional Councils, and Administrators, not personally liable
16. Application of amendments
TABLE OF PROVISIONS—
Section
PART 8—AMENDMENTS RELATING TO THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMERCIAL DEVELOPMENT CORPORATION
17. Appointment of Directors
18. Selection of Directors
19. Period of appointment
20. Termination of appointment
21. Application of amendments—section 157 of the Principal Act
22. Transitional provision—section 159 of the Principal Act
PART 9—AMENDMENT RELATING TO TAXATION
23. Exemption from taxation
24. Application of amendment
PART 10—REPEAL OF REDUNDANT PROVISIONS
25. Heading to Part 6
26. Repeal of Division 2 of Part 6
27. Repeal of Division 5 of Part 6
28. Savings
PART 11—AMENDMENTS RELATING TO REVIEWS OF THE OPERATION OF THE PRINCIPAL ACT
29. Repeal of section and substitution of new section:
26. Review of operation of Act
PART 12—AMENDMENT RELATING TO ABORIGINAL HOSTELS LIMITED
30. Aboriginal Hostels Limited
31. Application of amendments
PART 13—AMENDMENT TO RELOCATE HEADING TO PART 5
32. Heading to Part 5
PART 14—AMENDMENT RELATING TO SECRECY
33. Secrecy
PART 15—AMENDMENTS RELATING TO THE ANNUAL REPORTS OF REGIONAL COUNCILS
34. Annual report
35. Application of amendments
TABLE OF PROVISIONS—
Section
36. This Division does not apply to the Torres Strait Regional Council
37. Definitions
38. Minister may determine the predecessor or predecessors of a new Regional Council
39. Transitional provision—annual report of new Regional Council to deal with the operations of its predecessor or predecessors
40. Transitional provision—annual report of new Regional Council
PART 16—AMENDMENTS RELATING TO THE DRAFT BUDGETS OF REGIONAL COUNCILS
41. Regional Councils to prepare draft budgets
42. Application of amendments
PART 17—AMENDMENT RELATING TO DELEGATIONS
43. Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission
PART 18—AMENDMENTS RELATING TO THE COMMISSION’S GENERAL FUNDING POWERS
44. Repeal of sections and substitution of new sections:
14. Commission may make grants and loans
15. Commission may give guarantees
16. Commission may make grants and loans to State and Territory governments etc.
17. Commission may subscribe for shares in the capital of a body corporate etc.
45. Repeal of sections and substitution of new section:
22. Commission to formulate decision-making principles about grants, loans and guarantees
46. Amendments relating to the Commission’s general funding powers
47. Transitional provision—repeal of section 24
48. Transitional provision—sections 20, 76 and 197
49. Transitional provision—section 21
50. Transitional provision—amendment of section 67
51. Transitional provision—amendment of section 90
52. Transitional provision—amendments of sections 195 and 196
PART 19—AMENDMENTS TO ALLOW BY-ELECTIONS TO FILL CASUAL VACANCIES IN REGIONAL COUNCILS
53. Rules for conduct of elections
54. Term of office of members of Regional Council
TABLE OF PROVISIONS—
Section
PART 20—AMENDMENTS RELATING TO MEMBERS OF STAFF OF THE COMMISSION AND CONSULTANTS TO THE COMMISSION
55. Corporate plan
56. Staff
57. Consultants
58. Annual report and financial statements
59. Application of amendments
PART 21—AMENDMENTS RELATING TO DRAFT BUDGETS
60. Form of estimates
61. Commission to prepare draft budget
62. Regional Councils to prepare draft budgets
63. Application of amendments
PART 22—AMENDMENT RELATING TO THE HOUSING FUND OF THE COMMISSION
64. Housing Fund
PART 23—AMENDMENTS RELATING TO THE REGIONAL LAND FUND OF THE COMMISSION
65. Regional Councils to prepare draft budgets
66. Application of amendments
PART 24—AMENDMENT RELATING TO THE REVISION OF REGIONAL COUNCIL ESTIMATES ETC.
67. Estimates
68. Application of amendment
PART 25—AMENDMENTS TO ALLOW THE COMMISSION TO REMOVE REGIONAL COUNCILLORS FROM OFFICE AND APPOINT AN ADMINISTRATOR IF THE REGIONAL COUNCIL CONTRAVENES CERTAIN STATUTORY OBLIGATIONS
69. Interpretation
70. Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission
71. Insertion of new section:
123A. Removal of Regional Councillors if Regional Council contravenes certain statutory obligations
72. Review by Administrative Appeals Tribunal
PART 26—AMENDMENT RELATING TO THE POWER OF THE DIRECTOR OF EVALUATION AND AUDIT TO EXAMINE DOCUMENTS
73. Insertion of new section:
78A. Examination of documents etc.
TABLE OF PROVISIONS—
Section
PART 27—AMENDMENTS RELATING TO THE ELECTORAL COMMISSIONER
74. Polling places
75. Application of amendments
PART 28—AMENDMENTS RELATING TO THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY
76. Insertion of new Part:
PART 3A—TORRES STRAIT REGIONAL AUTHORITY
142. Torres Strait Regional Authority
142A. Functions of 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
142F. TSRA may make grants and loans
142G. TSRA may give guarantees
142H. Grants and loans to be repayable if conditions breached etc.
142J. Restriction on right to dispose of 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
142R. Constitution of TSRA
142S. Minister may determine manner of representation on TSRA
142T. TSRA elections
142U. People entitled to vote at TSRA elections
142V. People qualified to be elected to the TSRA
142W. Term of office of members of TSRA
TABLE OF PROVISIONS—
Section
142X. Errors in Commonwealth Electoral Roll not to affect entitlements
142Y. Timing of TSRA elections
142Z. Polling places
143. Fixing of election days, and location of polling places, to be notified in the
Gazette 143A. Effect of nominations
143B. Voting not compulsory
143C. Voting by secret ballot
143D. Voting
143E. Counting of votes and election of candidates
143F. General obligation to inform people about elections
143G. Rules for conduct of elections
143H. Authorised electoral officer
143J. Part-time basis of holding office
143K. Remuneration and allowances
143L. Chairperson and Deputy Chairperson
143M. Acting appointments
143N. Disclosure of interests at meetings
143P. Disclosure of interests
143Q. Resignation
143R. Members taken to have resigned from TSRA in certain circumstances
143S. Suspension and removal from office of members of the TSRA
143T. Recall of member of the TSRA
143U. Members of TSRA, and TSRA Administrators, not personally liable
143V. Other terms and conditions
143W. Provisions relating to Chairperson
143X. Resignation of Chairperson
143Y. Suspension and removal from office of Chairperson
143Z. Leave of absence for Chairpersons
144. Provisions relating to Deputy Chairpersons
144A. Resignation of Deputy Chairpersons
144B. Suspension and removal from office of Deputy Chairperson
144C. Deputy Chairperson to act as Chairperson
144D. Alternate Deputy Chairperson
144E. Meetings of TSRA
144F. Delegation to TSRA General Manager or staff member of TSRA
144G. TSRA General Manager
144H. Period of appointment
144J. Remuneration and allowances
144K: Leave of absence
144L. Acting TSRA General Manager
144M. Disclosure of interests
144N. Resignation
144P. Termination of appointment
144Q. Other terms and conditions
144R. Staff
144S. Arrangements for Commission staff to perform duties on behalf of the TSRA
144T. Consultants
TABLE OF PROVISIONS—
Section
144U. Application of money of the TSRA
144V. TSRA Housing Fund
144W. TSRA Land and Natural Resources Fund
144X. Borrowing on overdraft to meet temporary deficit
144Y. Limits on TSRA’s powers to raise money
144Z. Exemption from taxation
144ZA. Estimates
144ZB. Annual report and financial statements
144ZC. Application of Audit Act
144ZD. TSRA Finance Directions
144ZE. Minister or Commission may ask TSRA for information
144ZF. Powers of TSRA Administrator
144ZG. Remuneration and allowances
144ZH. TSRA Administrator holds office on a full-time basis
144ZJ. Resignation of TSRA Administrator
144ZK. Leave of absence
144ZL. Other terms and conditions
144ZM. Disclosure of interests
144ZN. Termination of appointment
144ZP. Acting TSRA Administrator
144ZQ. Minister may appoint replacement TSRA Administrator if there is a vacancy in an office of TSRA Administrator
77. Insertion of new Schedule:
SCHEDULE 2B
METHOD OF COUNTING VOTES AND DETERMINING SUCCESSFUL CANDIDATES AT TSRA ELECTIONS
78. Schedule 4
79. Amendments relating to the establishment of the Torres Strait Regional Authority
80. Amendments of other Acts consequential upon the establishment of the Torres Strait Regional Authority
81. Torres Strait Regional Council may be known as Torres Strait Regional Authority
82. Torres Strait Regional Council may plan the establishment of the Torres Strait Regional Authority
83. Consultation about initial appropriation
TABLE OF PROVISIONS—
Section
84. Interpretation
85. Authorised officer
86. Transfer of certain assets and liabilities of the Commission
87. Certificates in relation to estates or interests in land
88. Commission instruments
89. Certificates relating to assets and liabilities
90. Transfer of responsibility for certain loans and grants
91. Restriction on right to dispose of interest in land—transfer of responsibility
92. Pending proceedings
93. Ombudsman investigations
94. Advisory committees
95. Transitional provision—Commission’s draft budget
96. Transitional provision—draft budget for Torres Strait Regional Council
97. Final annual report of Torres Strait Regional Council
98. Transitional provision—notice dealing with constitution of the Torres Strait Regional Authority
99. Members of Torres Strait Regional Council
100. Chairperson of Torres Strait Regional Council
101. Deputy Chairperson of Torres Strait Regional Council
102. Alternate of the Deputy Chairperson of Torres Strait Regional Council
103. Zone representative for the Torres Strait zone
104. Estimates
PART 29—AMENDMENT RELATING TO THE TORRES STRAIT REGIONAL COUNCIL
105. Torres Strait Regional Council
PART 30—AMENDMENTS RELATING TO REVIEW PANELS
106. Interpretation
107. Regions
108. Regional Council wards
109. Zones
110. Repeal of Division and substitution of new Division:
141. Review Panels
141A. Constitution of Review Panel
14IB. Commission Chairperson to chair Review Panel
141C. Review Panel must invite submissions
14ID. Submissions must be given to the Review Panel within 90 days
14IE. Submissions must be made available for inspection
141F. Conduct of review etc.
141G. Notice of making of draft boundary recommendation to be published in the
Gazette etc.141H. Objections against draft boundary recommendation
TABLE OF PROVISIONS—
Section
141J. If no objections received, then draft boundary recommendation becomes final boundary recommendation etc.
141K. Minister must cause copy of final boundary recommendation to be laid before each House of the Parliament
141L. Proceedings at meetings of Review Panel
141M. Matters Review Panel must consider before making draft boundary recommendation
141N. Minister must convene Augmented Review Panel if objection received
141P. Consideration of objections
141Q. Draft boundary recommendation to become final boundary recommendation
141R. Augmented Review Panel may invite submissions etc.
141S. Constitution of Augmented Review Panel
14IT. Commission Chairperson to be Chairperson of Augmented Review Panel
141U. Chairperson must give copy of decision to each person who objected
141V. Notice of making of decision to be published in the
Gazette etc.141W. Augmented Review Panel must give decision to Minister
141X. Minister must cause copy of final boundary recommendation to be laid before each House of the Parliament
141Y. Proceedings at meetings of Augmented Review Panel etc.
141Z. Subdivision applies to members of Review Panels and members of Augmented Review Panels
141ZA. Remuneration and allowances
141ZB. Panel—disclosure of interests at meetings
141ZC. Other terms and conditions
141ZD. Panel—resignation
141ZE. Minister must give effect to final boundary recommendation
111. Transitional provision—Review Panels not to review the boundaries of the Torres Strait region or the Torres Strait zone
112. Transitional provision—Regional Council electorate notices
PART 31—AMENDMENTS TO REDUCE THE NUMBER OF COMMISSIONERS FROM 19 TO 17
113. Constitution of the Commission
114. Amendments relating to the reduction in the number of Commissioners
115. Application of amendments
PART 32—AMENDMENT RELATING TO THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION
116. Disclosure of interests
117. Transitional provision—disclosure of interests
PART 33—INSERTION OF PREAMBLE TO THE PRINCIPAL ACT
118. Insertion of Preamble
TABLE OF PROVISIONS—
SCHEDULE 1
AMENDMENTS RELATING TO THE COMMISSION’S GENERAL FUNDING POWERS
SCHEDULE 2
AMENDMENTS RELATING TO THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY
SCHEDULE 3
AMENDMENTS OF OTHER ACTS CONSEQUENTIAL ON THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY
SCHEDULE 4
AMENDMENTS RELATING TO THE REDUCTION IN THE NUMBER OF COMMISSIONERS
[
The Parliament of Australia enacts:
(3) The following provisions commence on 1 July 1994:(a) Part 18 and Schedule 1;
(b) Part 28 (other than Subdivision A of Division 2) and Schedules 2 and 3.
(4) Part 31 and Schedule 4 commence on 1 July 1996.
“77A.(1) The Director of Evaluation and Audit holds office for the period specified in, or worked out under, the instrument of appointment.
“(2) The period must not be longer than 5 years.
“(3) A person who is 65 or over cannot hold office as Director of Evaluation and Audit.
“77B. The Director of Evaluation and Audit is entitled to remuneration and allowances in accordance with section 194.
“77C.(1) Subject to section 87E of the
“(2) The Minister may, with the Commission Chairperson’s agreement, grant the Director of Evaluation and Audit leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Minister, with the Commission Chairperson’s agreement, determines in writing.
“77D.(1) The Minister may, after consulting the Commission Chairperson, appoint a person to act as the Director of Evaluation and Audit:
(a) during a vacancy in the office of Director of Evaluation and Audit; or
(b) during any period, or during all periods, when the Director of Evaluation and Audit is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act for more than 6 months.
“(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
“77E.(1) The Director of Evaluation and Audit must make to the Minister and the Commission Chairperson a written disclosure of:
(a) the Director’s financial interests; and
(b) the financial interests of the Director’s immediate family;
equivalent to the disclosure of financial interests required to be made by officers of the Australian Public Service who are members of the Senior Executive Service.
“(2) The Director of Evaluation and Audit must make a disclosure under subsection (1) within one month after being appointed as Director.
“(3) The Director of Evaluation and Audit must from time to time make such further disclosures as are necessary to ensure that the information available to the Minister and the Commission Chairperson about the financial interests of the Director, and of the members of the Director’s immediate family, is up-to-date.
“(4) In this section:
“77F. The Director of Evaluation and Audit may resign by writing signed by him or her and sent to the Minister.
“77G.(1) The Minister may, after consulting the Commission, terminate the appointment of the Director of Evaluation and Audit because of incompetence, misbehaviour or physical or mental incapacity.
“(2) If the Director of Evaluation and Audit:
(a) is absent from duty, except on leave granted under section 77C, for 14 consecutive days or for 28 days in any period of 12 months; or
(b) becomes bankrupt; or
(c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(d) compounds with his or her creditors; or
(e) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(f) fails, without reasonable excuse, to comply with section 77E; or
(g) engages in paid employment outside the duties of the office of Director of Evaluation and Audit without the written consent of the Minister given after consulting the Commission;
the Minister must terminate the Director’s appointment.
“77H. The Director of Evaluation and Audit is not personally liable to an action or other proceeding for damages for or in relation to anything done or omitted to be done in good faith:
(a) by the Office of Evaluation and Audit; or
(b) by the Director in the capacity of Director.
“77J. The Director of Evaluation and Audit holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in the
(4) In this section:
“amended Act” means the Principal Act as amended by this Act.
“76.(1) The Office has the following functions:
(a) to evaluate and audit the operations of the following bodies regularly:
(i) the Commission;
(ii) Aboriginal Hostels Limited;
(iii) the Corporation;
(b) when requested to do so by the Minister or the Commission, to evaluate or audit particular aspects of the operations of the following bodies:
(i) the Commission;
(ii) Aboriginal Hostels Limited;
(iii) the Corporation;
(iv) a Regional Council;
(c) when requested to do so by Aboriginal Hostels Limited:
(i) to evaluate or audit particular aspects of the operations of Aboriginal Hostels Limited; or
(ii) to evaluate or audit particular aspects of the operations of a body that has received money from Aboriginal Hostels Limited, but only to the extent that the evaluation or audit concerns that money;
(d) when requested to do so by the Corporation:
(i) to evaluate or audit particular aspects of the operations of the Corporation; or
(ii) to evaluate or audit particular aspects of the operations of a body that has received money from the Corporation, but only to the extent that the evaluation or audit concerns that money;
(e) when requested to do so by the Minister or the Commission, to evaluate or audit the activities of an individual who has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans;
(f) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a body corporate that has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans;
(g) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of an unincorporated body that has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans;
(h) when requested to do so by the Minister or the Commission, to evaluate or audit the activities of a borrower, being an individual one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees;
(i) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a borrower, being a body corporate one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees;
(j) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a borrower, being an unincorporated body one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees;
(k) to report on evaluations and audits conducted in accordance with paragraph (a) or (b), in writing, to the Commission and the Minister at least every 3 months;
(l) to report on evaluations and audits conducted in accordance with paragraph (c), in writing, to Aboriginal Hostels Limited and the Minister at least every 3 months;
(m) to report on evaluations and audits conducted in accordance with paragraph (d), in writing, to the Corporation and the Minister at least every 3 months;
(n) to report on evaluations and audits conducted in accordance with paragraph (e), (f), (g), (h), (i) or (j), in writing, to the Commission and the Minister at least every 3 months;
(o) to tell the Minister and the Commission about particular problems that have arisen or may arise in relation to:
(i) the operations of the Commission; or
(ii) the operations of any other body that exercises powers, performs functions or receives money under this Act; or
(iii) the activities of an individual who receives money under this Act.
“(2) The functions conferred on the Office of Evaluation and Audit under this section are in addition to, and not in substitution for, any functions conferred on the Auditor-General or any other person by or under any other law of the Commonwealth.”.
“(2) The period must not be longer than 5 years.”.
“(3) 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 in the
“13A.(1) A member of an advisory committee established under section 13 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.
“13B.(1) This section applies to an advisory committee established under section 13.
“(2) The Commission must terminate the appointment of a member of the committee if the member fails, without reasonable excuse, to comply with section 13A.
“(3) Subsection (2) does not, by implication, limit the Commission’s power to terminate the appointment of a member of the committee.
“13C. A member of an advisory committee established under section 13 may resign from the committee by writing signed by the member and sent to the Commission.”.
“86A.(1) A member of the Advisory Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board 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 Board.
“(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the Board.
“86B.(1) The Minister must terminate the appointment of a member of the Advisory Board if the member fails, without reasonable excuse, to comply with section 86A.
“(2) Subsection (1) does not, by implication, limit the Minister’s power to terminate the appointment of a member of the Advisory Board.
“86C. A member of the Advisory Board may resign from the Board by writing signed by the member and sent to the Minister.”.
“
(a) section 115; or
(b) section 123; or
(c) section 124J;
to administer the affairs of a Regional Council;”.
“124A. An Administrator is entitled to remuneration and allowances in accordance with section 194.
“124B. An Administrator holds office on a full-time basis.
“124C.(1) An Administrator must make to the Commission Chairperson a written disclosure of:
(a) the Administrator’s financial interests; and
(b) the financial interests of the Administrator’s immediate family;
equivalent to the disclosure of financial interests required to be made by officers of the Australian Public Service who are members of the Senior Executive Service.
“(2) An Administrator must make a disclosure under subsection (1) within one month after being appointed as an Administrator.
“(3) An Administrator must from time to time make such further disclosures as are necessary to ensure that the information available to the Commission Chairperson about the financial interests of the Administrator, and of the members of the Administrator’s immediate family, is up-to-date.
“(4) In this section:
“124D. An Administrator may resign by writing signed by him or her and sent to the Commission.
“124E.(1) Subject to section 87E of the
“(2) The Commission may grant an Administrator leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Commission determines in writing.
“124F.(1) The Commission may terminate the appointment of an Administrator because of misbehaviour or physical or mental incapacity.
“(2) If an Administrator:
(a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or
(b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer; or
(c) fails, without reasonable excuse, to comply with section 124C; or
(d) is absent from duty, except on leave of absence granted under section 124E, for 14 consecutive days or for 28 days in any period of 12 months; or
(e) becomes bankrupt; or
(f) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(g) compounds with his or her creditors; or
(h) makes an assignment of his or her remuneration for the benefit of his or her creditors;
the Commission must terminate the Administrator’s appointment.
“124G.(1) The Commission may appoint a person to act as an Administrator:
(a) during a vacancy in an office of Administrator; or
(b) during any period, or during all periods, when an Administrator is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office;
but a person appointed to act during a vacancy must not continue so to act for more than 6 months.
“(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
“124H. An Administrator 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 in the
“124J. If there is a vacancy in an office of Administrator caused by the death, resignation or termination of appointment of the Administrator, the Commission may, by notice in the
(4) The person may resign from that office by writing signed by him or her and sent to the Minister.
(5) In this section:
“(3) At least one Director must be a Commissioner.”.
“of Director, the Minister:
(a) must consult the Corporation about a suitable appointee; and
(b) may consult the Commission about a suitable appointee.”.
“(1) A Director holds office for such period as is specified in the instrument of appointment.
“(1A) The period must not be longer than 5 years.”.
“(2) Excise duty is not payable by the Commission, or by any other person, on goods that are for use by the Commission.”.
26. Division 2 of Part 6 of the Principal Act is repealed.
27. Division 5 of Part 6 of the Principal Act is repealed.
“26.(1) The Commission may, from time to time:
(a) review such aspects of the operation of this Act as it determines in writing; and
(b) report to the Minister accordingly.
“(2) The Commission must not review a matter mentioned in section 141.
“(3) The report to the Minister may include suggestions for amendments of this Act to solve problems identified in the report.
“(4) The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.”.
“(4) For the purposes of Part XI of the
“(5) Aboriginal Hostels Limited is a public authority to which Division 2 of Part XI of the
“(6) For the purposes of the
(a) an application by an incorporated body for the provision of accommodation for one or more Aboriginal persons or Torres Strait Islanders;
(b) an application for a grant under the scheme known as the Community Support Hostel Grant Scheme, where the grant relates to expenditure associated with the establishment or operation of a hostel;
(c) an application for a grant under the scheme known as the Student Rent Subsidy Scheme;
the decision is taken to be a decision of an administrative character made under an enactment.
“(7) The Minister may, on behalf of the Commonwealth, enter into an agreement with Aboriginal Hostels Limited.
“(8) The Minister must cause notice of the making of the agreement to be published in the
“(9) An agreement between the Commonwealth and Aboriginal Hostels Limited that was in force immediately before the commencement of this subsection is taken to have been made under subsection (7).”.
“(1) This section applies to a person who is or has been:
(a) a Commissioner; or
(b) a member of an advisory committee established under section 13; or
(c) the Chief Executive Officer; or
(d) a member of the staff of the Commission; or
(e) engaged as a consultant under section 56; or
(f) the Director of Evaluation and Audit; or
(g) a member of the Torres Strait Islander Advisory Board; or
(h) a Regional Councillor; or
(i) a member of an advisory committee established under section 96; or
(j) an Administrator.”.
34. Section 99 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsections:“(1) Each Regional Council must, as soon as practicable after the end of each financial year and, in any event, within 4 months after the end of each financial year, prepare and give to the Commission a report dealing with:
(a) the operations of the Regional Council during that year; and
(b) the implementation during that year of the regional plan for the region concerned; and
(c) such other matters (if any) relating to that year as the Commission determines in writing.
“(1A) If:
(a) a grant was made to an individual or body during a financial year; and
(b) the grant was covered by Regional Council estimates relating to the region concerned;
then, in addition to the matters referred to in subsection (1), a report relating to the year must also set out:
(c) the name of the individual or body; and
(d) the amount and purpose of the grant.”;
(b) by omitting from subsection (3) all the words after “Regional Council” (second occurring) and substituting the following:“must:
(a) make copies of the report available for inspection and purchase by residents of the region; and
(b) if the report deals with the implementation of a particular version of the regional plan for the region—make copies of the version of the plan available for inspection and purchase by residents of the region.”;
(c) by omitting subsection (4) and substituting the following subsection:“(4) The Commission must make copies of the report and the regional plan for the region concerned available for inspection and purchase at each office of the Commission that serves the region.”.
36. This Division does not apply to the Torres Strait Regional Council.
37. In this Division:
38 .( 1 ) The Minister may make a written determination that:(a) a specified old Regional Council is the predecessor of a specified new Regional Council for the purposes of this Division; or
(b) 2 or more specified old Regional Councils are the predecessors of a single specified new Regional Council for the purposes of this Division.
(a) specified aspects of the operations during that year of a specified old Regional Council; and
(b) specified aspects of the implementation during that year of the regional plan for the former region corresponding to that old Regional Council.
“(2) In preparing a draft budget, the Regional Council must:
(a) have regard to the regional plan for the region concerned; and
(b) consider any guidelines given to it by the Commission under subsection 63(12).”.
“(2) The Commission may, by writing under its seal, delegate to the Director of Evaluation and Audit any or all of its powers under section 56 (which deals with consultants).
“(3) If the Commission delegates a function or power to the Chief Executive Officer, he or she may, by writing, sub-delegate the function or power to a member of the staff of the Commission.
“(4) The Chief Executive Officer must not sub-delegate a function or power if the instrument of delegation prohibits the sub-delegation of that function or power.
“(5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the
“(6) Section 34A and paragraphs 34AB(c) and (d) of the
“14.(1) The Commission may:
(a) make a grant of money; or
(b) grant an interest in land; or
(c) grant an interest in personal property; or
(d) make a loan of money (whether secured or unsecured);
to:
(e) an individual; or
(f) a body corporate (other than a Regional Council or the TSRA); or
(g) an unincorporated body;
for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.
“(2) A grant or loan is subject to such terms and conditions as the Commission determines.
“(3) The Commission may acquire by agreement an interest in land, or personal property, for the purpose of making a grant under this section.
“15.(1) If the Commission is satisfied that the purpose of a loan made or to be made to:
(a) an individual; or
(b) a body corporate; or
(c) an unincorporated body;
is a purpose for which the Commission could, in the performance of its functions, make a loan to that borrower, the Commission may guarantee the due payment of all money (including interest) payable by the borrower in accordance with the terms and conditions of the loan.
“(2) The Commission’s power to give guarantees is subject to such limits as the Treasurer determines as to the total amount of money (other than interest) the payment of which may at any time be the subject of guarantees.
“(3) A guarantee is subject to such terms and conditions as the Commission determines.
“16.(1) The Commission may make a grant of money to:
(a) a State; or
(b) the Australian Capital Territory; or
(c) the Northern Territory; or
(d) an authority of a State or a Territory (including a local government body);
for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.
“(2) The Commission may make a loan of money to:
(a) a State; or
(b) the Australian Capital Territory; or
(c) the Northern Territory; or
(d) an authority of a State or a Territory (including a local government body);
for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.
“(3) A grant or loan is subject to such terms and conditions as the Commission determines.
“17. The Commission may subscribe for, or otherwise acquire, shares or stock in the capital of a body corporate for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.”.
“22.(1) The Commission must formulate written principles (
(a) making grants and loans under section 14 or 16; and
(b) giving guarantees under section 15; and
(c) subscribing for, or otherwise acquiring, shares or stock under section 17.
“(2) Subject to section 74, the Commission must perform its functions and exercise its powers under sections 14, 15, 16 and 17 in accordance with applicable provisions of the decision-making principles in force from time to time.
“(3) Without limiting the operation of the
(a) given to each Regional Council; and
(b) available for inspection and purchase at each of the Commission’s offices.
“(4) The Chief Executive Officer must cause notice of the making of decision-making principles to be published in the
(4) This section is enacted for the avoidance of doubt.
53. Section 113 of the Principal Act is amended:
(a) by inserting in paragraph (1)(a) “, but not limited to,” after “including”;
(b) by adding at the end of paragraph (1)(b) “(including, but not limited to, the holding of by-elections)”.
54. Section 117 of the Principal Act is amended:
(a) by inserting “otherwise than at a by-election to fill a casual vacancy” after “Council”;
(b) by adding at the end the following subsection:“(2) A person elected, or declared to have been elected, as a member of a Regional Council at a by-election to fill a casual vacancy:
(a) takes office as member immediately after the day on which the poll is declared in relation to that by-election; and
(b) holds office, subject to this Part, until immediately before the last day on which a poll is declared in relation to an election in the next round of Regional Council elections.”.
55. Section 11 of the Principal Act is amended:
(a) by adding at the end of paragraph (1)(a) “and”;
(b) by omitting paragraphs (1)(c) and (d).
“Note 1: A member of the staff of the Commission is not qualified to stand for election, or to be elected, as a member for a Regional Council ward (see paragraph 102(1)(c)).
Note 2: The Commission may declare that a Regional Councillor has become an employee of the Commission. The Regional Councillor is taken to have resigned from the Regional Council on the date of the declaration (see subsections 121(3) and (4)).”.
“(3) The Commission must, by written instrument:
(a) set out criteria for the engagement of consultants by the Commission; and
(b) set out standard terms and conditions for the engagement of consultants by the Commission.
“(4) The Commission must notify the making of an instrument under subsection (3) in the
Note 1: A consultant to the Commission is not qualified to stand for election, or to be elected, as a member for a Regional Council ward (see paragraph 102(1)(c)).
Note 2: The Commission may declare that a Regional Councillor has become a consultant to the Commission. The Regional Councillor is taken to have resigned from the Regional Council on the date of the declaration (see subsections 121(3) and (4)).”.
61. Section 63 of the Principal Act is amended:
(a) by omitting from paragraph (3)(b) “subsections (4) and (5)” and substituting “subsection (4)”;
(b) by omitting paragraphs (4)(b) to (k) (inclusive) and substituting the following paragraphs:“(b) Aboriginal Hostels Limited
(c) additional capital for the Corporation;
(d) administrative expenses of the Commission and Regional Councils;
(e) Community Development Employment Projects (other than amounts that may be allocated by Regional Councils in respect of those projects);
(f) programs appropriately conducted on a national basis;
(g) any other heading approved by the Minister.”;
(c) by omitting subsection (5) and substituting the following subsection:“(5) For the purposes of subparagraph (1)(b)(i), a draft budget must subdivide a share into the following components:
(a) amounts in respect of wages for participants in Community Development Employment Projects;
(b) amounts in respect of other expenditure under Community Development Employment Projects;
(c) amounts that the Commission requires the Regional Council to apply to specified purposes;
(d) amounts not covered by the components mentioned in paragraph (a), (b) or (c).”.
62 . Section 97 of the Principal Act is amended:
(a) by omitting subsection (3) and substituting the following subsection:“(3) A draft budget for a Regional Council for a financial year must set out the proposed allocation in accordance with subsection (4) of each of the components referred to in subsection 63(5) of the amount specified under subparagraph 63(1)(b)(i) in the regional statement for the region for that financial year.”;
Insert:
“(ba) make use of the Torres Strait Regional Authority established under the
Aboriginal and Torres Strait Islander Commission Act 1989 as the principal means of facilitating consultation with Torres Strait Islanders, and Aborigines, living in the Torres Strait area (within the meaning of that Act); and”.
After “Commission” (first occurring) insert “or the Torres Strait Regional Authority”.
Add at the end “or as a member of the Torres Strait Regional Authority established under Part 3A of that Act”.
After “Commission” (first occurring) insert “or the Torres Strait Regional Authority”.
Add at the end “or as a member of the Torres Strait Regional Authority established under Part 3A of that Act”.
After “Commission” (last occurring) insert “or the Torres Strait Regional Authority, as the case requires,”.
Insert:
“(acaa) in the case of remuneration or allowances payable to a person who holds an office or appointment under Part 3A of the
Aboriginal and Torres Strait Islander Commission Act 1989 —be paid in accordance with the determination out of money of the Torres Strait Regional Authority that is lawfully available to pay the remuneration or allowances;”.
After paragraph (a) insert:
“(aa) the Torres Strait Regional Authority;”.
SCHEDULE 4 Section 114
AMENDMENTS RELATING TO THE REDUCTION IN THE
NUMBER OF COMMISSIONERS
Omit “appointed under section 27”, substitute “elected under section 31A”.
Omit the definitions.
Insert:
“31A.(1) At the first meeting of the Commission after a zone election (other than an election for the Torres Strait zone), the Commissioners must elect one of their number to be the Commission Chairperson.
“(2) At any other meeting of the Commission, the Commissioners must elect one of their number to be the Commission Chairperson if there is a vacancy in that office.”.
Omit the subsections, substitute:
“(1) The Commission Chairperson holds office as Commission Chairperson until:
(a) he or she ceases to be a Commissioner; or
(b) another person is elected as the Chairperson under section 31A;
whichever happens first.”.
Omit the subsection.
Omit “an appointment has previously been made to the office”, substitute “a person has previously been elected as Commission Chairperson”.
Omit the subsections.
(a) Omit “an elected”, substitute “a”.
(b) Omit “the elected”, substitute “the”.
Omit “An elected”, substitute “A”.
Omit “an elected”, substitute “a”.
Omit “8”, substitute “7”.
Omit “12”, substitute “11”.
Omit “8”, substitute “7”.
Omit “elected”.
1. No. 150, 1989, as amended. For previous amendments, see No. 122, 1991; and Nos. 26 and 37, 1993.
NOTES ABOUT SECTION HEADINGS
1. On the day on which Part 28 of this Act commences, the heading to section 41 of the Principal Act is altered by adding at the end “(
other than Commissioner representing the Torres Strait zone )”.2. On the day on which Part 28 of this Act commences, the heading to section 42 of the
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 is altered by omitting “and Commission ” and substituting “,Commission and TSRA ”.3. On the day on which Part 28 of this Act commences, the heading to section 43 of the
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 is altered by omitting “or Commission ” and substituting “,Commission or TSRA ”.
NOTE ABOUT SUBSECTION HEADING
1. On the day on which this Act receives the Royal Assent, the following heading to subsection 45(1) of the Principal Act is inserted:
“Delegation of certain functions and powers”.
NOTE ABOUT SCHEDULE CLAUSE HEADING
1. On the day on which Part 28 of this Act commences, the heading to clause 22 of Schedule 4 to the Principal Act is altered by inserting “,
TSRA ” after “Commission ”.
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Senate on 28 October 1993
House of Representatives on 25 November 1993
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