Community Services (Aborigines) Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 150 Community Services (Aborigines) Act 1984 COMMUNITY SERVICES (ABORIGINES) AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new div heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1—Financial management of Aboriginal councils 6 Amendment of s 18 (Community funds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Replacement of ss 19–22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19 General fund of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20 Trust fund of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Financial administration for Aboriginal Co-ordinating Council 21 Community funds of Aboriginal Co-ordinating Council . . . . . . . . . . 5 22 General fund of Aboriginal Co-ordinating Council . . . . . . . . . . . . . . 5 22A Trust fund of Aboriginal Co-ordinating Council . . . . . . . . . . . . . . . . 5 8 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 8—TRANSITIONAL PROVISIONS ABOUT GENERAL AND TRUST FUNDS Division 1—Funds of Aboriginal councils 35 Transitional provision for general fund . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Community Services (Aborigines) Amendment (No. 1) No. 150, 1996 36 Transitional provision for State government financial aid fund and enterprise fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Transitional provision for trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Aboriginal Co-ordinating Council 38 Transitional provision for general fund . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Expiry of part 39 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7

s1 3 s5 Community Services (Aborigines) Amendment No. 150, 1996 (No. 1) ˙ Short title 1. This regulation may be cited as the Community Services (Aborigines) Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. This regulation commences on 1 July 1996. ˙ Regulation amended 3. This regulation amends the CommunityServices(Aborigines)Regulation 1985 . ˙ Amendment of s 5 (Interpretation) 4. Section 5— insert— ‘ “trust money” , of an Aboriginal council or the Aboriginal Co-ordinating Council, means— (a) an amount paid to the council— (i) by way of deposit; or (ii) in trust for a person; or (b) an amount paid to the council that is required by an Act to be paid to its trust fund.’. ˙ Insertion of new div heading 5. In part 4, before section 18— insert— ‘ Division 1—Financial management of Aboriginal councils ’.

s6 4 s7 Community Services (Aborigines) Amendment No. 150, 1996 (No. 1) ˙ Amendment of s 18 (Community funds) 6. Section 18(1) to (3)— omit, insert— ‘ 18.(1) An Aboriginal council must establish and keep the following community funds— (a) a general fund; (b) a trust fund. ‘ (2) An Aboriginal council may call its general fund an operating fund.’. ˙ Replacement of ss 19–22 7. Sections 19 to 22— omit, insert— ˙ ‘ General fund of Aboriginal council ‘ 19.(1) An Aboriginal council’s general fund must consist of all of its assets and liabilities, other than its trust money. ‘ (2) The council must keep a bank account for its general fund. ‘ (3) However, subsection (2) does not prevent the council keeping more than 1 bank account within its general fund. ˙ ‘ Trust fund of Aboriginal council ‘ 20.(1) An Aboriginal council must credit any trust money it receives to its trust fund. ‘ (2) An amount credited to the trust fund must be applied— (a) in payment to or for the person entitled to the amount according to law; or (b) as required by the Act under which the amount was paid to the trust fund. ‘ (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the

s7 5 s7 Community Services (Aborigines) Amendment No. 150, 1996 (No. 1) amount was credited has ceased to exist. ‘ (4) An Aboriginal council must keep a separate bank account for its trust fund. ‘ Division 2—Financial administration for Aboriginal Co-ordinating Council ˙ ‘ Community funds of Aboriginal Co-ordinating Council ‘ 21.(1) The Aboriginal Co-ordinating Council must establish and keep the following funds— (a) a general fund; (b) if the council receives trust money—a trust fund. ‘ (2) The council may call its general fund an operating fund. ˙ ‘ General fund of Aboriginal Co-ordinating Council ‘ 22.(1) The Aboriginal Co-ordinating Council’s general fund must consist of all of its assets and liabilities, other than its trust money. ‘ (2) The council must keep a bank account for its general fund. ‘ (3) However, subsection (2) does not prevent the council keeping more than 1 bank account within its general fund. ˙ ‘ Trust fund of Aboriginal Co-ordinating Council ‘ 22A.(1) If the Aboriginal Co-ordinating Council is required to keep a trust fund under section 21(1)(b), it must credit any trust money it receives to the trust fund. ‘ (2) An amount credited to the trust fund must be applied in payment to or for the person entitled to the amount according to law. ‘ (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the general fund if the purpose for which the

s8 6 s8 Community Services (Aborigines) Amendment No. 150, 1996 (No. 1) amount was credited has ceased to exist. ‘ (4) The council must keep a separate bank account for its trust fund.’. ˙ Insertion of new pt 8 8 . After section 34— insert— ‘ PART 8—TRANSITIONAL PROVISIONS ABOUT GENERAL AND TRUST FUNDS ‘ Division 1—Funds of Aboriginal councils ˙ ‘ Transitional provision for general fund ‘ 35. The general fund established by an Aboriginal council before the commencement is taken to be the council’s general fund established under section 18(1)(a). ˙ ‘ Transitional provision for State Government financial aid fund and enterprise fund ‘ 36.(1) This section applies to a State Government financial aid fund and enterprise fund ( “the funds” ) established by an Aboriginal council before the commencement. ‘ (2) The funds are taken to be part of the council’s general fund. ˙ ‘ Transitional provision for trust fund ‘ 37.(1) The trust fund established by an Aboriginal council before the commencement is taken to be the Aboriginal council’s trust fund established under section 18(1)(b). ‘ (2) However, the council’s clerk must examine the trust fund to ensure each amount credited to it is trust money. ‘ (3) An amount that is not trust money must be transferred to the

s8 7 s8 Community Services (Aborigines) Amendment No. 150, 1996 (No. 1) council’s general fund. ‘ (4) The examination and any transfer must be completed as soon as practicable after the commencement but no later than 31 August 1996. ‘ Division 2—Aboriginal Co-ordinating Council ˙ ‘ Transitional provision for general fund ‘ 38. The general fund established by the Aboriginal Co-ordinating Council before the commencement is taken to be the council’s general fund established under section 21(1)(a). ‘ Division 3—Expiry of part ˙ ‘ Expiry of part ‘ 39. This part expires on 30 September 1996.’. ENDNOTES 1. Made by the Governor in Council on 27 June 1996. 2. Notified in the gazette on 28 June 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Families, Youth and Community Care. © State of Queensland 1996