Community Services (Torres Strait) Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 151 Community Services (Torres Strait) Act 1984 COMMUNITY SERVICES (TORRES STRAIT) 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 Replacement of pt 3 (Financial administration of Island Co-ordinating Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 3—FINANCIAL ADMINISTRATION OF ISLAND CO-ORDINATING COUNCIL 17 Island Co-ordinating Council funds . . . . . . . . . . . . . . . . . . . . . . . . . . 4 17A General fund of Island Co-ordinating Council . . . . . . . . . . . . . . . . . . 4 17B Trust fund of Island Co-ordinating Council . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 18 (Island funds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Replacement of ss 19–22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19 General fund of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 20 Trust fund of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 8—TRANSITIONAL PROVISIONS ABOUT GENERAL AND TRUST FUNDS Division 1—Funds of Island Co-ordinating Council 28 Transitional provision for general fund . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) 29 Transitional provision for State government financial aid fund and enterprise fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Transitional provision for trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Funds of Island councils 31 Transitional provision for general fund . . . . . . . . . . . . . . . . . . . . . . . . 32 Transitional provision for State government financial aid fund and enterprise fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Transitional provision for trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Expiry of part 34 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 7 8

s1 3 s5 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) ˙ Short title 1. This regulation may be cited as the Community Services (Torres Strait) Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. This regulation commences on 1 July 1996. ˙ Regulation amended 3. This regulation amends the CommunityServices(TorresStrait)Regulation 1985 . ˙ Amendment of s 5 (Interpretation) 4. Section 5— insert— ‘ “trust money” , of the Island Co-ordinating Council or an Island 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.’. ˙ Replacement of pt 3 (Financial administration of Island Co-ordinating Council) 5. Part 3— omit, insert—

s5 4 s5 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) ‘ PART 3—FINANCIAL ADMINISTRATION OF ISLAND CO-ORDINATING COUNCIL ˙ ‘ Island Co-ordinating Council funds ‘ 17.(1) The Island 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 Island Co-ordinating Council ‘ 17A.(1) The Island 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 Island Co-ordinating Council ‘ 17B.(1) If the Island Co-ordinating Council is required to keep a trust fund under section 17(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 amount was credited has ceased to exist. ‘ (4) The council must keep a separate bank account for its trust fund.’.

s6 5 s7 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) ˙ Amendment of s 18 (Island funds) 6. Section 18(1) to (3)— omit, insert— ‘ 18.(1) An Island council must establish and keep the following Island funds— (a) a general fund; (b) a trust fund. ‘ (2) An Island council may call its general fund an operating fund.’. ˙ Replacement of ss 19–22 7. Sections 19 to 22— omit, insert— ˙ ‘ General fund of Island council ‘ 19.(1) An Island 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 Island council ‘ 20.(1) An Island 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

s8 6 s8 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) amount was credited has ceased to exist. ‘ (4) An Island council must keep a separate bank account for its trust fund.’. ˙ Insertion of new pt 8 8. After section 27— insert— ‘ PART 8—TRANSITIONAL PROVISIONS ABOUT GENERAL AND TRUST FUNDS ‘ Division 1—Funds of Island Co-ordinating Council ˙ ‘ Transitional provision for general fund ‘ 28. The general fund established by the Island Co-ordinating Council before the commencement is taken to be the council’s general fund established under section 17(1)(a). ˙ ‘ Transitional provision for State Government financial aid fund and enterprise fund ‘ 29.(1) This section applies to a State Government financial aid fund and enterprise fund ( “the funds” ) established by the Island Co-ordinating Council before the commencement. ‘ (2) The funds are taken to be part of the council’s general fund. ˙ ‘ Transitional provision for trust fund ‘ 30.(1) This section applies to the trust fund established by the Island Co-ordinating Council before the commencement. ‘ (2) The trust fund continues to and including 31 August 1996. ‘ (3) The council’s chief executive officer must, before 31 August 1996—

s8 7 s8 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) (a) examine the trust fund to ensure each amount credited to it is trust money; and (b) transfer any amount that is not trust money to the council’s general fund. ‘ (4) If, after the examination and any transfer, there is trust money remaining, the trust fund is taken to be the council’s trust fund established under section 17(1)(b). ‘ Division 2—Funds of Island councils ˙ ‘ Transitional provision for general fund ‘ 31. The general fund established by an Island 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 ‘ 32.(1) This section applies to a State Government financial aid fund and enterprise fund ( “the funds” ) established by an Island council before the commencement. ‘ (2) The funds are taken to be part of the council’s general fund. ˙ ‘ Transitional provision for trust fund ‘ 33.(1) The trust fund established by an Island council before the commencement is taken to be the Island 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 council’s general fund.

s8 8 s8 Community Services (Torres Strait) Amendment No. 151, 1996 (No. 1) ‘ (4) The examination and any transfer must be completed as soon as practicable after the commencement but no later than 31 August 1996. ‘ Division 3—Expiry of part ˙ ‘ Expiry of part ‘ 34. 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