Torres Strait Regional Authority Rules 2003 (Cth)
Torres Strait Regional Authority Rules 2003
as amended
made under section 142S of the
Aboriginal and Torres Strait Islander Act 2005
This compilation was prepared on 24 March 2005
taking into account amendments up to Torres Strait Regional Authority Amendment Rules 2003 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
ScheduleTorres Strait Regional Authority Rules 20033
1Name of Rules [see Note 1] 3
2Commencement [see Note 1] 3
3Definitions 3
4Constitution of the Torres Strait Regional Authority 3
5Method and timing of election of members of the Torres Strait Regional Authority 5
6Term of office of members of the Torres Strait Regional Authority 5
7If an Island Council is dissolved under section 18 of the Queensland Act 5
8Minister may order election 6
9Nominee of a member of the Torres Strait Regional Authority 6
10Operation of the Torres Strait Regional Authority 7
Notes 8
Schedule Torres Strait Regional Authority Rules 2003
Name of Rules [see Note 1]
These Rules are the Torres Strait Regional Authority Rules 2003.
Commencement [see Note 1]
These Rules commence on gazettal.
Definitions
(1) In these Rules:
Act means the Aboriginal and Torres Strait Islander Commission Act 1989.
appointed chairperson, for an Island Council, means the person appointed chairperson of the Island Council under section 16 of the Queensland Regulations.
Chairperson means the Chairperson of the Torres Strait Regional Authority.
Island Co‑ordinating Council means the body continued in existence and incorporated under section 139 of the Queensland Act.
Island Council means an Island Council:
(a) preserved and continued in being; or
(b) established;
and incorporated under section 40 of the Queensland Act.
Queensland Act has the same meaning as in the Act.
Queensland Regulations means the Community Services (Torres Strait) Regulation 1998 made under the Queensland Act.
(2) In these Rules, a word or phrase defined in the Torres Strait Regional Authority Election Rules 1996, as in force at the commencement of these Rules, has the same meaning as in those Rules.
Constitution of the Torres Strait Regional Authority
(1) Subject to this rule, the Torres Strait Regional Authority consists of the following persons:
(a) the persons who constitute the Island Co‑ordinating Council, being:
(i) the appointed chairpersons of the Island Councils; and
(ii) the person appointed under paragraph 140 (1) (b) of the Queensland Act;
(b) one Torres Strait Islander or Aboriginal person elected by the Torres Strait Islanders and Aboriginal persons resident in the Port Kennedy ward;
(c) one Torres Strait Islander or Aboriginal person elected by the Torres Strait Islanders and Aboriginal persons resident in the Horn/Prince of Wales Islands ward.
(2) Subrule (3) applies if:
(a) there is no appointed chairperson of an Island Council; or
(b) the appointed chairperson becomes permanently incapacitated; or
(c) the appointed chairperson is taken to have resigned from the Torres Strait Regional Authority under section 143R of the Act; or
(d) the appointed chairperson is removed from office as a member of the Torres Strait Regional Authority under section 143S or 143T of the Act.
(3) The Minister may:
(a) ask the Island Council to nominate a person to act as a member of the Torres Strait Regional Authority until a new person is appointed chairperson of the Island Council; and
(b) if a request has been made under paragraph (a) and the Island Council does not nominate a person or appoint another chairperson within 30 days, appoint a member of the Island Council to act as a member of the Torres Strait Regional Authority until a person is appointed chairperson of the Island Council.
(4) If a person has been nominated under paragraph (3) (a) or appointed under paragraph (3) (b), the person is taken to be a member of the Torres Strait Regional Authority until a new person is appointed chairperson of the Island Council.
(5) Subrule (6) applies if:
(a) there is no person appointed to the Island Co‑ordinating Council under paragraph 140 (1) (b) of the Queensland Act; or
(b) a person appointed under that paragraph becomes permanently incapacitated; or
(c) a person appointed under that paragraph is taken to have resigned from the Torres Strait Regional Authority under section 143R of the Act; or
(d) a person appointed under that paragraph is removed from office as a member of the Torres Strait Regional Authority under section 143S or 143T of the Act.
(6) The Minister may:
(a) appoint the person who, in the election in which the last person appointed to the Island Co‑ordinating Council was elected, received the highest number of votes after the person elected; or
(b) if 2 or more people received the equal highest number of votes after the person elected, appoint 1 of those people by drawing lots.
(7) If a person is appointed under subrule (6), the person is taken to be a member of the Torres Strait Regional Authority until a new person is appointed to the Island Co‑ordinating Council under paragraph 140 (1) (b) of the Queensland Act.
Method and timing of election of members of the Torres Strait Regional Authority
(1) Subject to subrule (5), the members of the Torres Strait Regional Authority mentioned in paragraphs 4 (1) (b) and (c) must be elected at Torres Strait Regional Authority elections.
(2) A Torres Strait Regional Authority election must be held as soon as practicable after a quadrennial election for an Island Council is held under the Queensland Act.
(3) The Minister must, by written notice, fix a day or days for the polling in each Torres Strait Regional Authority election.
(4) Section 143 of the Act applies as if a reference in that section to the notice under subsection 142Y (2) were a reference to the notice under subrule (3).
(5) The election of persons under subrule (1) must be in accordance with the procedures specified in the Torres Strait Regional Authority Election Rules 1996, as in force at the commencement of these Rules.
(6) This rule displaces section 142Y of the Act.
Term of office of members of the Torres Strait Regional Authority
(1)Subject to rule 7, the term of office of a member of the Torres Strait Regional Authority mentioned in paragraph 4 (1) (a) is the term of office of that person as a member of the Island Co‑ordinating Council.
(2) A member of the Torres Strait Regional Authority mentioned in paragraph 4 (1) (b) or (c) holds office in accordance with section 142W of the Act.
(3) If a casual vacancy occurs in respect of the office of a member mentioned in paragraph 4 (1) (b) or (c), the vacancy must be filled, for the remainder of the term of that office, by a recount in accordance with the Torres Strait Regional Authority Election (Casual Vacancies) Rules 1998, as in force at the commencement of these Rules.
If an Island Council is dissolved under section 18 of the Queensland Act
(1) If an Island Council is dissolved under section 18 of the Queensland Act, the former appointed chairperson of that Island Council continues to be a member of the Torres Strait Regional Authority for 30 days after the Island Council is dissolved.
(2) Before the end of the period mentioned in subrule (1) the Minister may, by notice in writing published in the Gazette, determine that the former appointed chairperson of the Island Council continues to be a member of the Torres Strait Regional Authority.
(3) If the Minister makes a determination under subrule (2):
(a) the former appointed chairperson continues to be a member of the Torres Strait Regional Authority; and
(b) his or her term of office as a member of the Torres Strait Regional Authority:
(i) if an election is held under the Queensland Regulations for the Island Council which the former appointed chairperson represents — expires when a chairperson is appointed chairperson of the Island Council under section 16 of the Queensland Regulations at the first meeting of the Island Council after that election; or
(ii) if no election is held under the Queensland Regulations for the Island Council which the former appointed chairperson represents — is the term he or she would have had as a member of the Island Council if the Island Council had not been dissolved.
(4) If the Minister does not make a determination under subrule (2), the former appointed chairperson ceases to be a member of the Torres Strait Regional Authority at the end of the period mentioned in subrule (1).
Minister may order election
(1) If an Island Council is dissolved and the Minister does not make a determination under subrule 7 (2), the Minister may order that an election be held to fill the vacancy on the Torres Strait Regional Authority.
(2) An election held under subrule (1) must be conducted in a similar manner to an election for the members of the Torres Strait Regional Authority mentioned in paragraphs 4 (1) (b) and (c).
(3) If a casual vacancy occurs in an office of a member of the Torres Strait Regional Authority elected under subrule (1), a further election must be held to fill the vacancy.
Nominee of a member of the Torres Strait Regional Authority
(1) Subject to subrule (2), if a member of the Torres Strait Regional Authority:
(a) is:
(i) an appointed chairperson; or
(ii) taken to be a member of the Torres Strait Regional Authority under subrule 4 (4); and
(b) is unable to attend a meeting of the Torres Strait Regional Authority;
the member may appoint a person to attend in his or her stead.
(2) A person appointed under subrule (1) must be an elected member of the same Island Council as the person making the appointment.
(3) If a person nominated under subrule (1) attends a meeting of the Torres Strait Regional Authority, that person is not eligible to stand for election as Chairperson, Deputy Chairperson or alternate Deputy Chairperson.
Operation of the Torres Strait Regional Authority
In relation to matters not prescribed in these Rules, the operations of the Torres Strait Regional Authority must conform with Part 3A of the Act.
Notes to the Torres Strait Regional Authority Rules 2003
Note 1
The Torres Strait Regional Authority Rules 2003 (in force under section 142S of the Aboriginal and Torres Strait Islander Act 2005) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Torres Strait Regional Authority Rules 2003 | 28 Feb 2003 (see Gazette 2003, No. S60) | 28 Feb 2003 | |
| Torres Strait Regional Authority Amendment Rules 2003 (No. 1) | 12 Nov 2003 (see Gazette 2003, No. GN45) | 12 Nov 2003 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Heading to r. 7...................... | rs. 2003 No. 1 |
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