Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 (Qld)

Queensland Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 Subordinate Legislation 2006 No. 69 made under the Aboriginal Communities (Justice and Land Matters) Act 1984 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10 Transitional provision for Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new sch 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Schedule 14A Palm Island Community Justice Group Part 1 Preliminary 1 Definitions for sch 14A . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Name of community justice group 2 Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 3 Membership 3 Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Nomination, and withdrawal of nomination, of members ............................ 5 6 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 8 9 Part 4 10 11 12 13 14 Coordinator to advise Minister of vacancy . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . 7 7 8 8 8 8 8

s1 3 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 1 Short title This regulation may be cited as the Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 . 2 Regulation amended This regulation amends the Aboriginal Communities (Justice and Land Matters) Regulation 1998. 3 Amendment of s 2 (Definitions) Section 2, ‘schedule 2’— omit, insert — ‘schedule 16’. 4 Insertion of new s 10 Part 4, after section 9— insert — ‘10 Transitional provision for Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 ‘For nominating members of a community justice group for schedule 14A, a nomination under section 5 of the schedule includes a nomination made by a main indigenous social grouping under the schedule before the commencement of this section.’. 5 Insertion of new sch 14A After schedule 14— insert —

s5 4 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 ‘Schedule 14A Palm Island Community Justice Group section 3 ‘Part 1 Preliminary ‘1 Definitions for sch 14A ‘In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— • Manbarra • Bwgcolman special meeting see section 10(2). ‘Part 2 Name of community justice group ‘2 Name—Act, s 18(2) ‘The name of the community justice group for the community government area of the Palm Island Shire Council is the Palm Island Community Justice Group.

s5 5 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 ‘Part 3 Membership ‘3 Number of members ‘The justice group comprises at least 10 but not more than 40 members. ‘4 Eligibility ‘A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment; and (c) for a person in the main indigenous social grouping called Bwgcolman— (i) lives in the community government area of the Palm Island Shire Council; and (ii) has lived in the area for at least 1 year immediately before the person is nominated as a member. ‘5 Nomination, and withdrawal of nomination, of members ‘(1) The main indigenous social grouping called Manbarra must nominate 1 person who is a member of the grouping to be a member of the justice group. ‘(2) The main indigenous social grouping called Bwgcolman must nominate at least 9 persons, and may nominate up to 39 persons, who are members of the grouping to be members of the justice group.

s5 6 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 ‘(3) A main indigenous social grouping may, at any time, withdraw a nomination made by it. ‘(4) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. ‘(5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. ‘6 Notification by Minister ‘(1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. ‘(2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. ‘(3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated or withdrew the nomination of the person. ‘(4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. ‘7 Vacation of office ‘(1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or

s5 7 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. ‘(2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. ‘8 Coordinator to advise Minister of vacancy ‘The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. ‘9 Term of membership ‘(1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the earlier of the following— (i) 4 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 7(1). ‘(2) If the office of a member (the former member ) becomes vacant under section 7(1), a person nominated to fill the vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant.

s5 8 s5 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 ‘Part 4 Business and meetings ‘10 Conduct of business ‘(1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. ‘(2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). ‘11 Times and places of special meetings ‘(1) Special meetings must be held at the times and places the justice group decides. ‘(2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. ‘12 Quorum for special meeting ‘A quorum for a special meeting of the justice group is 6. ‘13 Presiding at special meeting ‘At a special meeting, the member of the justice group chosen by the members present is to preside. ‘14 Voting at special meeting ‘A question at a special meeting is to be decided by a majority of the votes of the members present and, if the votes are equal, the question is decided in the negative.’.

9 Aboriginal Communities (Justice and Land Matters) No. 69, 2006 Amendment Regulation (No. 2) 2006 ENDNOTES 1. Made by the Governor in Council on 20 April 2006. 2. Notified in the gazette on 21 April 2006. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Aboriginal and Torres Strait Islander Policy. © State of Queensland 2006