ATSIC (Regional Councils Election of Officeholders) Amendment Regulations 2002 (No. 1) (Cth)

ATSIC (Regional Councils — Election of Officeholders) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 2752

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal and Torres Strait Islander Commission Act 1989.

Dated 14 November 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Minister for Immigration and Multicultural and

Indigenous Affairs

1Name of Regulations

These Regulations are the ATSIC (Regional Councils — Election of Officeholders) Amendment Regulations 2002 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of ATSIC (Regional Councils — Election of Officeholders) Regulations 1993

Schedule 1 amends the ATSIC (Regional Councils — Election of Officeholders) Regulations 1993.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 4, definition of approved, paragraph (b)

before

Chief Executive Officer

insert

Electoral Commissioner or the

[2]Regulation 4, definition of returning officer, subparagraphs (b) (i) and (ii)

substitute

1. (i)

   a member of the staff of the Australian Electoral Commission who is nominated by the Electoral Commissioner as a returning officer for the election; or

2. (ii)

   the Regional Manager for the region for which the Regional Council is established; or

3. (iii)

   a person nominated, in writing, by the Regional Manager.

[3]Subregulation 21 (2)

omit everything before paragraph (b), insert

1. (2)

   If the office of Chairperson or Deputy Chairperson of a Regional Council becomes vacant because the holder of the office is elected to an office specified in regulation 22A, Part 2 has effect for the election of a new Chairperson or Deputy Chairperson as if:

   1. (a)

      regulation 7 were omitted and the following regulation substituted:

      ‘7Calling for nominations: Chairperson or Deputy Chairperson vacancy

   As soon as practicable after a vacancy occurs in the position of Chairperson or Deputy Chairperson of a Regional Council, the returning officer must call for nominations to fill that office.’; and

[4]Subregulation 22 (3)

omit everything before paragraph (b), insert

1. (3)

   If the office of alternate Deputy Chairperson of a Regional Council becomes vacant because the holder is elected to an office specified in regulation 22A and the Regional Council decides to elect a new alternate Deputy Chairperson, Part 2 has effect for the election of the new alternate Deputy Chairperson as if:

   1. (a)

      regulation 7 were omitted and the following regulation substituted:

      ‘7Calling for nominations: alternate Deputy Chairperson vacancy

   As soon as practicable after a vacancy occurs in the office of alternate Deputy Chairperson of a Regional Council and the Regional Council decides to elect a new alternate Deputy Chairperson, the returning officer must call for nominations to fill that office.’; and

[5]After regulation 22

insert

22ASpecified offices

For subregulations 21 (2) and 22 (3), the following offices are specified:

1. (a)

   for any vacancy — Commissioner;

2. (b)

   for a vacancy in the office of Deputy Chairperson of a Regional Council — Chairperson of a Regional Council;

3. (c)

   for a vacancy in the office of alternate Deputy Chairperson of a Regional Council:

   1. (i)

      Chairperson of a Regional Council;

   2. (ii)

      Deputy Chairperson of a Regional Council.

Notes

1. These Regulations amend Statutory Rules 1993 No. 379, as amended by 1994 No. 390; 1996 No. 247; 1999 No. 181.

2. Notified in the Commonwealth of Australia Gazette