Community Services (Torres Strait) Act Amendment Act 1986 (Qld)

712 (! ueenslani? ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 44 of 1986 An Act to amend the Community Services (Torres Strait)Act 1984-1985 in certain particulars [ASSENTED TO 25TH SEPTEMBER, 1986]

Community Services (Torres Strait) Act Amendment Act 1986, No. 44 713 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Community Services (Torres Strait) Act Amendment Act 1986. (2) In this Act the Community Services (Torres Strait) Act 1984- 1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Community Services (Torres Strait) Act 1984-1986. 2. Amendment of s. 6. Meaning of terms. Section 6 of the Principal Act is amended by- (a) numbering the provisions thereof as subsection (1); (b) adding at the end thereof the following subsection:- "(2) For the purposes of this Act, an area for which an Island Council is established includes all land from time to time granted in trust to that council and included in the instrument of title relating to that area or committed to that council for the purposes of local government.". 3. Amendment of s. 14 . Requirement of Island Councils. Section 14 of the Principal Act is amended in subsection (1) by- (a) inserting after the words "every trust area" the words "that is approved by the Governor in Council to be so governed"; (b) adding at the end of the subsection the following paragraph:- "Every area that at the passing of the Community Services (Torres Strait) Act Amendment Act 1986 is governed by an Island Council shall be deemed to have been approved by the Governor in Council to be so governed.". 4. Amendment of s. 17. Times for election of councillors . Section 17 of the Principal Act is amended by adding at the end thereof the following subsection:- "(5) The first constitution of an Island Council shall be by means of an election therefor held on a date appointed for the purpose by the Governor in Council or, if there be no such date appointed, on the date on which are held the triennial elections for the purpose of reconstituting Local Authorities pursuant to the Local Government Act 1936-1985. ". 5. Amendment of s. 19. Relationship of Island area to Local Authority Area. Section 19 of the Principal Act is amended by- (a) numbering the provisions thereof as subsection (1); (b) adding at the end thereof the following subsection:- "(2) Upon the assumption by an Island Council of the discharge of the functions of local government of an area that

714 Community Services (Torres Strait) Act Amendment Act 1986, No. 44 forms part of an Area within the meaning of the Local Government Act 1936-1985- (a) the Local Authority of that Area shall cease to have delegated to it the functions of local government of the area affected by the assumption; and (b) the by-laws of that Local Authority shall cease to be of force and effect in the area affected by the assumption for as long as the Island Council continues to assume the discharge of the functions of local government of that area, without prejudice to the continued operation and effect of anything duly done pursuant to the by-laws before they ceased to be of force and effect.". 6. Amendment of s. 23. Functions of Island Councils . Section 23 of the Principal Act is amended by- (a) in subsection (1), adding at the end thereof the following paragraph:- "By-laws made by an Island Council may adopt wholly or partly by-laws made by any Local Authority within the meaning of the Local Government Act 1936-1985 or by any other Island Council or other authority or the provisions of any Act or regulations made under any Act."; (b) in subsection 3, (i) adding at the end of paragraph (c), after the word "inhabitants" the following expression and words:- 66 (d) the doing of anything (other than the mere making available of information) that a Local Authority within the meaning of the Local Government Act 1936-1985 is required or authorized to do by any other Act, other than the Local Government Act 1936-1985"; (ii) adding at the end of the subsection the following paragraph:- "Where any other Act, other than the Local Government Act 1936-1985, requires or authorizes a Local Authority within the meaning of the Local Government Act 1936-1985 to do anything (other than the mere making available of information), then, for the purpose of applying that other Act in an area, that other Act shall be so construed that- (a) the expression Local Authority therein shall be deemed to include the Island Council established for the area; and (b) the Island Council established for the area shall be the Local Authority for the area to the exclusion of

Community Services (Torres Strait) Act Amendment Act 1986, No. 44 715 any Local Authority within the meaning of the Local Government Act 1936-1985.". 7. Amendment of s. 30 . Accounts and audit. Section 30 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) The Auditor-General shall certify whether the annual statement furnished by the chairman of an Island Council under section 31 and referred to in paragraph (b) of section 31 (1)- (a) is in agreement with the accounts of the council; and (b) in his opinion, fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of the council's financial affairs at the close of that period.". 8. Repeal of and new s. 31. Financial returns and statements. The Principal Act is amended by repealing section 31 and substituting the following section:- "31. Financial statements . (1) The chairman of an Island Council shall cause to be prepared and furnish to the Minister- (a) at the beginning of each month during a period of three years after the commencement of this Act and thereafter at the beginning of each quarter, a statement of receipts and disbursements with respect to each fund of the council during the month or, as the case may be, the quarter last preceding; and (b) on or before 31 July in each year, a statement, in a form required by the Minister, of receipts and disbursements with respect to each fund of the council during the year terminating on 30 June last preceding. (2) The chairman of an Island Council shall certify whether the statements furnished by him under subsection (1) are in agreement with the accounts of the council.". 9. Amendment of s. 40. Island Courts . Section 40 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) An Island Court shall be constituted- (a) by two justices of the peace each of whom is an Islander resident in its area and is a person not disentitled by subsection (3) to sit as a member of the court in the case in question: or (b) where paragraph (a) cannot be readily complied with, by the members of the Island Council established for its area who are persons not disentitled by

716 Community Services (Torres Strait) Act Amendment Act 1986, No. 44 subsection (3) to sit as a member of the court in the case in question or by a majority of such members.". 10. Amendment of s. 41 . Jurisdiction of Island Courts. Section 41 of the Principal Act is amended by- (a) in subsection (2), omitting paragraph (b) and substituting the following paragraph:- "(b) disputes concerning any matter that- (i) is a matter accepted by the community resident in its area as a matter rightly governed by the usages and customs of that community; and (ii) is not a breach of the by-laws applicable within its area or of a law of the Commonwealth or the State or a matter arising under a law of the Commonwealth or the State;"; (b) adding at the end thereof the following subsection:- "(3) The decision of an Island Court that any matter before it is a matter of a description referred to in subparagraph (i) of paragraph (b) of subsection (2) shall be final and conclusive and no proceeding shall be brought or heard to restrain the Island Court from disposing of a dispute concerning that matter by reason that such a decision is incorrect.". 11. Amendment of s. 42. Limitation of jurisdiction over persons. Section 42 of the Principal Act is amended in subsection (2) by inserting after the words "residence there" the words "or that he is a member of the family or household of such a person". 12. Repeal of and new s. 45. Membership of Council . The Principal Act is amended by repealing section 45 and substituting the following section:- "45. Membership of Council . (1) On and from the passing of the Community Services (Torres Strait) Act Amendment Act 1986 the Island Co- ordinating Council shall be constituted by- (a) the persons who are chairmen of the Island Councils; and (b) one person appointed by the members of the Tamwoy community on Thursday island whose names are on the electoral roll for the State Electoral District of Cook, as a representative of that community. (2) The person referred to in paragraph (b) of subsection (1) shall be appointed from time to time by means of an election held on the date on which are held the triennial elections for the purpose of reconstituting Local Authorities pursuant to the Local Government Act 1936-1985 or, if at any time it becomes necessary to fill a casual vacancy in the office of a person so appointed, on a date appointed for the purpose by the Governor in Council.

Community Services (Torres Strait) Act Amendment Act 1986, No. 44 717 (3) A person appointed by the members of the Tamwoy community by means of an election held before the passing of the Community Services (Torres Strait) Act Amendment Act 1986 to represent that community is a person duly appointed for the purposes of subsections (1) and (2). (4) From time to time- (a) each member of the Island Co-ordinating Council, being a chairman of an Island Council, may appoint another member of the Island Council of which he is chairman to be his delegate to the Island Co- ordinating Council; and (b) the member of the Island Co-ordinating Council, being the representative of the Tamwoy community, may appoint another person appointed in like manner and at the same time as he was appointed or, if there be no such other person, a member of the Tamwoy community to be his delegate to the Island Co- ordinating Council. In the event of a member of the Island Co-ordinating Council being unable to attend a meeting of that council or a meeting of the executive committee of that council (if he is a member of the executive committee) his delegate appointed for the time being shall be entitled to attend the meeting in place of the member and for that purpose shall have and may exercise the powers and entitlements of the member by whom he is appointed for the time being as a delegate except the powers and entitlements had by that member by reason of his being chairman or deputy- chairman of that council.". 13. Amendment of s. 46 . Functions of Council . Section 46 of the Principal Act is amended by- (a) numbering the provisions thereof as subsection (1); (b) in paragraph (a), omitting the words "the Minister and the Under Secretary" and substituting the words "any person"; (c) in paragraph (c), omitting the word "four" where it twice occurs and substituting in each case the word "five"; (d) omitting paragraph (d) and the word "and" immediately preceding that paragraph and substituting the following words:- "(d) to accept grants or loans of money from the Government of the Commonwealth or the State or contributions of money from any other source and, subject to subsection (2), to expend that money in accordance with the terms and conditions on which the money is received or, if there be no such terms and conditions, in securing the progress,

718 Community Services (Torres Strait) Act Amendment Act 1986, No. 44 development and well-being of Islanders in all or any of the areas; (e) to establish and operate such lawful businesses as the council thinks fit, for the promotion, progress, development and well-being of Islanders; (f) to act on behalf of one or more of the Island Councils for such lawful purposes as are requested of it by the Island Council or Councils concerned; (g) to employ such agents and servants as are necessary for the proper and efficient discharge of its functions and powers under this Act; (h) to make, perform, and enter into and upon all such lawful contracts, transactions and activities as are necessary or expedient for the efficient conduct of any business operated by it or for the proper discharge of any of its functions; and (i) to attend to such other matters as are prescribed.". (e) adding at the end thereof the following subsection:- "(2) The Island Co-ordinating Council shall not expend money for works or any purpose within any area until it has first consulted with the Island Council established for that area and the Island Council has approved of the works or purpose.". 14. Amendment of s. 48. Divisions of Torres Strait . Section 48 of the Principal Act is amended by omitting the word "four" where it twice occurs and substituting in each case the word "five". 15. New ss. 51A and 51B. The Principal Act is amended by inserting after section 51 the following sections:- "51A. Budget of Island Co-ordinating Council . (1) The Island Co-ordinating Council shall be subject to, shall comply with and may exercise the powers of investment under the provisions of sections 27 to 31 and section 33 as if that council were an Island Council established under this Act, subject however to the following modifications:- (a) section 27 (2) shall be read as if the words "rates and charges to be levied" were the word "disbursements"; (b) section 30 (1) shall be read as if the second and third paragraphs thereof were deleted. 51B. Borrowing powers . (1) For the purpose of enabling it to discharge its functions and powers under this Act the Island Co-ordinating Council may borrow money in such amount, on such security (if any) and on such terms and conditions as the Minister approves. (2) The council shall not enter into negotiations for borrowing money except with the Minister's approval first had and obtained.".

Community Services (Torres Strait) Act Amendment Act 1986, No. 44 719 16. Amendment of s. 52 . The Board . Section 52 of the Principal Act is amended in subsection (3) by omitting from paragraph (c) the word "four" and substituting the word "five". 17. Repeal of and new s . 76. Protection of fishing and hunting. The Principal Act is amended by repealing section 76 and substituting the following section:- "76. Islanders ' right to certain natural resources. (1) Notwithstanding the provisions of any other Act, a member of a community of Islanders resident in an area shall not be liable to prosecution as for an offence- (a) for taking marine products or fauna by traditional means for consumption by members of the community, or (b) for taking forest products or quarry material within the meaning of the Forestry Act 1959-1984 within the area for use for development or other purposes within the area. (2) Subsection (1) shall not be construed to authorize the sale or other disposal for gain of any marine product or fauna taken by traditional means or any forest products or quarry material taken in accordance with that subsection. (3) Notwithstanding the provisions of the Forestry Act 1959- 1984 an Island Council established for an area may authorize the gathering, digging and removal of forest products or quarry material within the area for the purpose of improvement of the area or use in the area of the products or material and the products or material may be gathered, dug and removed to the extent authorized by this subsection without the payment of royalty in respect thereof.". 18. Amendment of s. 81 . Regulations . Section 81 of the Principal Act is amended in paragraph 11 by inserting after the words "Island Funds" the words "or of the Island Co-ordinating Council".