Torres Strait Fisheries Amendment Act 2002 (Cth)

Torres Strait Fisheries Amendment Act 2002

No. 103, 2002

An Act to amend the Torres Strait Fisheries Act 1984, and for related purposes

Contents

Torres Strait Fisheries Amendment Act 2002

No. 103, 2002

An Act to amend the Torres Strait Fisheries Act 1984, and for related purposes

[Assented to 10 November 2002]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Torres Strait Fisheries Amendment Act 2002.

2Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Torres Strait Fisheries Act 1984

1

Subsection 28(1)

Insert:

Chairperson of the TSRA means:

1. (a)

   subject to paragraph (b), the person for the time being holding office as Chairperson of the TSRA pursuant to an election held under section 143L of the Aboriginal and Torres Strait Islander Commission Act 1989; or

2. (b)

   if a person is acting as Chairperson of the TSRA—the person so acting.

2

Subsection 28(1)

Insert:

TSRA means the Torres Strait Regional Authority established by section 142 of the Aboriginal and Torres Strait Islander Commission Act 1989.

3

Subsection 30(2)

Repeal the subsection, substitute:

1. (2)

   The Protected Zone Joint Authority consists of:

   1. (a)

      the Commonwealth Minister; and

   2. (b)

      the Queensland Minister; and

   3. (c)

      the Chairperson of the TSRA.

4

After subsection 30(5)

Insert:

1. (5A)

   The Chairperson of the TSRA may, by writing signed by him or her, appoint a person or persons to be his or her deputy or deputies.

2. (5B)

   An appointment made under subsection (5A) by the person referred to in paragraph (a) of the definition of Chairperson of the TSRA in subsection 28(1) does not have any effect while a person is acting as Chairperson of the TSRA.

3. (5C)

   An appointment made under subsection (5A) by a person who is acting as Chairperson of the TSRA only has effect when the person is so acting.

4. (5D)

   If, under subsection (4), (5) or (5A), an instrument appoints 2 or more persons to be the deputies of a member of the Protected Zone Joint Authority, the instrument may specify conditions as to when a particular person or particular persons appointed are to perform the duties and functions and exercise the powers of the deputy of the member, including a condition that another person or other persons specified in the instrument are not available to perform those functions and duties and exercise those powers.

5

Paragraphs 40(1)(a), (b) and (c)

Repeal the paragraphs, substitute:

1. (a)

   if the Commonwealth Minister is present—he or she is to preside; or

2. (b)

   if the Commonwealth Minister is not present but the Queensland Minister is present—the Queensland Minister is to preside; or

3. (c)

   if neither the Commonwealth Minister nor the Queensland Minister is present but the Chairperson of the TSRA is present—the Chairperson of the TSRA is to preside; or

4. (d)

   if none of the preceding paragraphs is applicable—the deputy of the Commonwealth Minister is to preside.

6

Subsection 40(2)

Omit “the other member”, substitute “either of the other members”.

7

At the end of subsection 40(3)

Add “(including the Commonwealth Minister or his or her deputy)”.

8

Paragraph 40(5)(b)

Omit “the Queensland Minister”, substitute “either of the other members”.

9

Subsection 40(6)

Omit “other member”, substitute “other members”.

[Minister’s second reading speech made in—

Senate on 19 June 2002

House of Representatives on 23 October 2002]

(133/02)