Community Services Legislation Amendment Regulation (No. 3) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 384 Community Services (Aborigines) Act 1984 Community Services (Torres Strait) Act 1984 COMMUNITY SERVICES LEGISLATION AMENDMENT REGULATION (No. 3) 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 2 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Omission of s 3 (Meaning of “conclusion” of election for Aboriginal council) ....................................... 3 4 Replacement of ss 10 and 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10 General qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11 General disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11A Disqualification and vacation of office for certain offences . . . . . . . 6 11B Review of lawfulness of membership of Aboriginal council. . . . . . . 7 11C Councillor ceases to be councillor on becoming candidate for the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11D Termination of Aboriginal council employment on becoming councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 13 (When councillor’s office becomes vacant) . . . . . . . . . 8 6 Insertion of new s 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 70 Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Amendment of sch 1, s 392 (Responsibility for election matter) . . . . . . . . . 8 8 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) REGULATION 1998 9 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Omission of s 3 (Meaning of “conclusion” of election for Island council) . 9 11 Amendment of sch 1, s 392 (Responsibility for election matter) . . . . . . . . . 9 12 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s4 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Community Services Legislation Amendment Regulation (No. 3) 2003 . PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) REGULATION 1998 2 Regulation amended in pt 2 This part amends the Community Regulation 1998. Services (Aborigines) 3 Omission of s 3 (Meaning of “conclusion” of election for Aboriginal council) Section 3— omit . 4 Replacement of ss 10 and 11 Sections 10 and 11— omit, insert — ‘10 General qualifications ‘ (1) A person is qualified to become a councillor of an Aboriginal council if the person is an Australian citizen who— (a) lives in the council’s area; and (b) is, under the ElectoralAct1992 , an elector for an electoral district, or a part of an electoral district, included in the council’s area—

s4 4 s4 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 (i) for the person’s election as a councillor of the council—when the voters roll for the election is compiled under schedule 1, section 277 or 411; 1 or (ii) for the person’s appointment as a councillor of the council under section 15 2 —for at least 30 days before the appointment. ‘ (2) A person who is a councillor of an Aboriginal council, whether elected or appointed, is qualified to be a councillor of the council only while the person— (a) lives in the council’s area; and (b) is, under the ElectoralAct1992 , an elector for an electoral district, or a part of an electoral district, included in the council’s area. ‘ (3) This section is subject to sections 11 and 11A. ‘11 General disqualifications ‘ (1) A person is not qualified to be or become a councillor of an Aboriginal council if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth), or a corresponding law of another jurisdiction; or (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under the composition; or (d) the person is subject to a term of imprisonment or detention, periodic or otherwise; or 1 Schedule 1 (Elections), section 277 (Cut-off day for voters roll) or 411 (Voters roll for fresh election) 2 Section 15 (Filling of later vacancies by appointment)

s4 5 s4 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 (e) the person has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) for a candidate for an election of councillors, or a councillor, of the council, the person— (i) has, within 2 years before the day of nomination, been convicted of an offence against the law of Queensland, another State or the Commonwealth, and been sentenced to more than 1 year’s imprisonment; or (ii) has, within 7 years before the day of nomination, been convicted of an offence against schedule 1, section 385; 3 or (iii) has, within 10 years before the day of nomination, been convicted of— (A) a disqualifying electoral offence; or (B) an offence that would be a disqualifying electoral offence, except that the conviction was recorded before the commencement of the ElectoralandOtherActsAmendment Act 2002 ; or (g) for a councillor of the council, the person is convicted of— (i) an offence against schedule 1, section 385; or (ii) a disqualifying electoral offence; or (h) the person is a member of an Australian Parliament; or (i) the person is elected or appointed as mayor or a councillor of a local government of another State. ‘ (2) For subsection (1)(d), the circumstances in which a person is subject to a term of imprisonment or detention— (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, home detention, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but 3 Schedule 1 (Elections), section 385 (Bribery)

s4 6 s4 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. ‘ (3) For subsection (1)(f)(i)— (a) the provision does not apply if the sentence of imprisonment is suspended; but (b) the provision applies if the sentence of imprisonment is suspended and the person is ordered at any time to actually serve more than 1 year of the term of imprisonment. ‘ (4) In this section— “corresponding law of another jurisdiction” means a corresponding law of another jurisdiction, whether inside or outside Australia. “disqualifying electoral offence” see the Electoral Act 1992 , section 3. ‘11A Disqualification and vacation of office for certain offences ‘ (1) This section applies if a person is convicted of an offence against section 49 4 of the Act or schedule 1, section 384, 399 or 401(a) or (b). 5 ‘ (2) The person is not qualified to become a councillor of an Aboriginal council for 4 years after the conviction. ‘ (3) If the person is a councillor of an Aboriginal council, the person vacates the office— (a) if the person appeals against the conviction—on the appeal being dismissed, struck out or discontinued; or (b) if the person does not appeal against the conviction—at the end of the time fixed by law within which an appeal must be started. ‘ (4) A court may, by order, direct that this section does not apply to a person if the court is satisfied it would be just to give the direction. 4 Section 49 (Disclosure of interests at meetings) of the Act 5 Schedule 1, section 384 (False, misleading or incomplete electoral documents), 399 (Influencing voting) or 401 (Voting if not entitled)

s4 7 s4 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 ‘11B Review of lawfulness of membership of Aboriginal council ‘ (1) This section applies to an application for review under the JudicialReview Act 1991 of— (a) the lawfulness of the election or appointment of a councillor of an Aboriginal council; or (b) the continued eligibility of a person to act as a councillor of an Aboriginal council. ‘ (2) For the purposes of the Judicial Review Act 1991 , any elector of the council is a person who may make the application. ‘ (3) However, subsection (2) does not limit the persons who may make the application. ‘11C Councillor ceases to be councillor on becoming candidate for the Legislative Assembly ‘A person who is a councillor of an Aboriginal council ceases to be a councillor if under the ElectoralAct1992 , section 88(3), the person becomes a candidate for an election as a member of the Legislative Assembly. ‘11D Termination of Aboriginal council employment on becoming councillor ‘ (1) This section applies to the following employees of an Aboriginal council— (a) the clerk, or deputy clerk, of the council; (b) a finance officer, financial controller, accountant, or holder of another position, whose primary responsibility is the administration of the council’s finances; (c) the holder of a position with the council that reports directly to a position mentioned in paragraph (a) or (b). ‘ (2) If the employee is elected or appointed as a councillor of the council, the person is taken to have resigned as an employee on the day the person becomes a councillor.’.

s5 8 s7 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 5 Amendment of s 13 (When councillor’s office becomes vacant) (1) Section 13(c), ‘a councillor under section 10 or 11’— omit, insert— ‘or become a councillor under division 2’. (2) Section 13(h) and (i)— renumber as section 13(i) and (j). (3) Section 13, as renumbered— insert— ‘(h) becomes the holder of a position with the council that reports directly to a position mentioned in paragraph (f) or (g); or’. 6 Insertion of new s 70 After section 69— insert— ‘70 Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 ‘ (1) This section applies to a person who was a councillor of an Aboriginal council immediately before the commencement. ‘ (2) Sections 11D and 13(h) 6 do not apply to the person until the conclusion of the first quadrennial election for the council after the commencement. ‘ (3) In this section— “commencement” means commencement of this section.’. 7 Amendment of sch 1, s 392 (Responsibility for election matter) Schedule 1, section 392(2)— omit, insert — 6 Sections 11D (Termination of Aboriginal council employment on becoming councillor) and 13 (When councillor’s office becomes vacant)

s 8 9 s 11 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 ‘ (2) The particulars are the name and address, other than a post office box or facility, of the person who authorised the advertisement, handbill, pamphlet or notice.’. 8 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition “conclusion”— omit . (2) Schedule 2— insert— ‘ “convicted” , of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.’. PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) REGULATION 1998 9 Regulation amended in pt 3 This part amends the CommunityServices(TorresStrait)Regulation 1998. 10 Omission of s 3 (Meaning of “conclusion” of election for Island council) Section 3— omit . 11 Amendment of sch 1, s 392 (Responsibility for election matter) Schedule 1, section 392(2)— omit, insert — ‘ (2) The particulars are the name and address, other than a post office box or facility, of the person who authorised the advertisement, handbill, pamphlet or notice.’.

s 12 10 s 12 Community Services Legislation Amendment Regulation (No. 3) 2003 No. 384, 2003 12 Amendment of sch 2 (Dictionary) Schedule 2, definition “conclusion”— omit . ENDNOTES 1. Made by the Governor in Council on 23 December 2003. 2. Notified in the gazette on 23 December 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Aboriginal and Torres Strait Islander Policy. © State of Queensland 2003