Aboriginal and Torres Strait Islander Commission Amendment Act 1993

Aboriginal and Torres Strait Islander Commission Amendment Act 1993

No. 26 of 1993

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Interpretation

4. Repeal of section and substitution of new section:

27. Constitution of the Commission

5. Repeal of section 28

6. Repeal of section and substitution of new section:

30. Basis of holding office

7. Deputy Chairperson of Commission

8. Periods of appointment

9. Leave of absence

10. Acting appointments

11. Resignation

12. Termination of appointment

13. Regions

14. Persons qualified to be elected to Regional Councils

15. Polling places

16. Fixing of election days, and location of polling places, to be notified in the Gazette

17. Rules for conduct of elections

18. Persons taken to have resigned from Regional Councils in certain circumstances

19. Chairperson and Executive Committee

TABLE OF PROVISIONS—continued

Section

20. Insertion of new sections:

127A. Provisions relating to Chairpersons

127B. Resignation of Chairpersons

127C. Termination of appointment of Chairpersons

127D. Leave of absence for Chairpersons

21. Zone elections

22. Rules for conduct of elections

23. Schedule 1

24. Transitional provision for the original 60 Regional Councils

Aboriginal and Torres Strait Islander
Commission Amendment Act 1993

No. 26 of 1993

An Act to amend the Aboriginal and Torres Strait Islander
Commission Act 1989, and for related purposes

[Assented to 9 June 1993]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act 1993.

(2) In this Act, “Principal Act” means the Aboriginal and Torres Strait Islander Commission Act 19891.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsection (3), section 6 commences on a day to be fixed by Proclamation.

(3) If section 6 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Interpretation

3. Section 4 of the Principal Act is amended:

(a) by omitting “subsection 27(3)” from the definition of “elected Commissioner” in subsection (1) and substituting “subsection 27(2)”;

(b) by omitting the definition of “non-elected Commissioner” from subsection (1) and substituting the following definition:

“ ‘non-elected Commissioner’ means a Commissioner chosen by the Minister under subsection 27(3);”.

Repeal of section and substitution of new section

4.(1) Section 27 of the Principal Act is repealed and the following section is substituted:

Constitution of the Commission

“27.(1) The Commission consists of a Chairperson and 18 other members appointed by the Minister.

“(2) Seventeen of the members are to be the persons elected under Division 7 of Part 3 to represent the several zones.

“(3) Two of the members are to be chosen by the Minister.

“(4) The Minister must appoint a member of the Commission to be the Chairperson.”.

(2) If, immediately before the commencement of this section, an office of Commissioner was held by a person who is not a person of a kind referred to in subsection 27(2) of the Principal Act as amended by this Act:

(a) subject to subsection 6(2) of this Act, that person continues to hold office, on the terms and conditions of appointment in force immediately before that commencement, until:

(i) that appointment expires or comes to an end under the Principal Act as amended by this Act; or

(ii) the first meeting of the Commission held after the first zone elections occurring after the Regional Council elections for 1993 have been conducted;

whichever is the earlier; and

(b) the number of members of the Commission is taken to be adjusted accordingly.

Repeal of section 28

5. Section 28 of the Principal Act is repealed.

Repeal of section and substitution of new section

6.(1) Section 30 of the Principal Act is repealed and the following section is substituted:

Basis of holding office

“30.(1) Commissioners hold office on a full-time basis.

“(2) This section does not prevent a Commissioner holding office as a member of a Regional Council on a part-time basis.”.

(2) Subject to subsection (3), a Commissioner who, immediately before the commencement of this section, held the office of Commissioner on a part-time basis continues to hold the office after that commencement as if, on that commencement, he or she had been appointed on a full-time basis.

(3) Subsection (2) does not apply to a Commissioner who, by written notice given to the Minister, elects to continue to hold office on a part-time basis.

Deputy Chairperson of Commission

7. Section 32 of the Principal Act is amended:

(a) by inserting in subsection (1) “after a zone election” after “Commission” (first occurring);

(b) by omitting subsection (2) and substituting the following subsection:

“(2) At any other meeting of the Commission, the Commissioners must elect one of their number to be the Deputy Chairperson of the Commission if there is a vacancy in the office of Deputy Chairperson of the Commission.”.

Periods of appointment

8.(1) Section 33 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

“(1) Subject to subsection (1A), the Commission Chairperson holds office as Commission Chairperson for such period, not exceeding 3 years, as is specified in, or worked out under, the instrument of appointment.

“(1A) The Commission Chairperson stops holding office as Commission Chairperson if he or she stops being a Commissioner.

“(1B) The Deputy Chairperson of the Commission holds office as the Deputy Chairperson until:

(a) he or she ceases to be a Commissioner; or

(b) another person is elected as the Deputy Chairperson of the Commission under section 32;

whichever happens first.

“(1C) A non-elected Commissioner holds office for such period, not exceeding 3 years, as is specified in, or worked out under, the instrument of appointment.”.

(2) Despite the omission of subsection 33(1) of the Principal Act by this section, that subsection continues to apply to persons to whom subsection 4(2) of this Act applies.

Leave of absence

9. Section 35 of the Principal Act is amended:

(a) by omitting from subsection (1) “full-time”;

(b) by omitting subsection (1A) and substituting the following subsection:

“(1A) Subject to subsection (2), the Minister may grant a Commissioner leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.”.

Acting appointments

10. Section 36 of the Principal Act is amended by inserting in subsection (6) “, after consulting with the Commission,” after “Minister may”.

Resignation

11. Section 39 of the Principal Act is amended by inserting after subsection (1) the following subsections:

“(1A) The Commission Chairperson may resign the office of Commission Chairperson by writing signed by him or her and sent to the Minister.

“(1B) The Deputy Chairperson of the Commission may resign the office of Deputy Chairperson of the Commission by writing signed by him or her and sent to the Minister.”.

Termination of appointment

12. Section 40 of the Principal Act is amended:

(a) by omitting from paragraph (7)(c) “being a full-time Commissioner,”;

(b) by adding at the end of paragraph (7)(c) “or”;

(c) by omitting paragraph (7)(d).

Regions

13. Section 91 of the Principal Act is amended:

(a) by omitting from subsection (1) “60” and substituting “36”;

(b) by omitting from paragraph (1)(b) “by notice published in the Gazette” and substituting “in writing”;

(c) by inserting after subsection (1) the following subsections:

“(1A) If the Minister makes a determination under subsection (1), he or she must cause a notice to be published in the Gazette that:

(a) states that the determination has been made; and

(b) specifies the places where members of the public may buy copies of the determination.

“(1B) The Commission must take all reasonable steps to ensure that, from the time the notice is published or as soon as practicable thereafter, copies of the determination are available to be bought by members of the public at the places specified in the notice.”;

(d) by omitting subsection (3);

(e) by omitting from subsections (4), (5) and (7) “notice” and substituting “determination”.

Persons qualified to be elected to Regional Councils

14. Section 102 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1A) Paragraph (1)(b) does not apply to a person who is the Commission Chairperson.”.

Polling places

15. Section 105 of the Principal Act is amended by omitting subsection (2).

Fixing of election days, and location of polling places, to be notified in the Gazette

16. Section 106 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1A) The Minister shall cause a copy of the notice under subsection 104(2) fixing a polling day or polling days for the round of Regional Council elections for 1993 to be published in the Gazette at least 60 days before the day, or the first of the days, so fixed.”.

Rules for conduct of elections

17. Section 113 of the Principal Act is amended by omitting subsection (9).

Persons taken to have resigned from Regional Councils in certain circumstances

18. Section 121 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1A) Subsection (1) does not apply to a member of a Regional Council who is the Commission Chairperson.”.

Chairperson and Executive Committee

19.(1) Section 127 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1A) A Regional Council shall not elect a Commissioner to be the Chairperson of the Regional Council.”;

(b) by omitting from paragraph (3)(a) “may elect a new Chairperson, and”.

(2) Subsection 127(1A) of the Principal Act as amended by this Act does not affect the validity of any election of a person to be the Chairperson of a Regional Council that took place before the commencement of this section.

Insertion of new sections

20.(1) After section 127 of the Principal Act the following sections are inserted:

Provisions relating to Chairpersons

“127A.(1) The Chairperson of a Regional Council holds office on a full-time basis.

“(2) If the Chairperson of a Regional Council becomes a Commissioner, he or she ceases to be the Chairperson of the Regional Council.

“(3) The Chairperson of a Regional Council holds office for the period starting when he or she is elected and ending at the end of the next election period of the Regional Council.

Resignation of Chairpersons

“127B.(1) The Chairperson of a Regional Council may resign by writing signed by him or her and sent to the Minister.

“(2) The Chairperson of a Regional Council is taken to have resigned if:

(a) he or she resigns from the Regional Council; or

(b) under section 121, he or she is to be taken to have resigned from the Regional Council.

Termination of appointment of Chairpersons

“127C.(1) Subject to subsection (2), the Minister may suspend the Chairperson of a Regional Council from office because of misbehaviour or physical or mental incapacity.

“(2) The Minister must not suspend the Chairperson from office unless the Minister has:

(a) by written notice served on the Chairperson, giving the Chairperson 7 days within which to show cause why the Chairperson should not be suspended; and

(b) consulted the Commission.

“(3) The Minister must cause a statement identifying the Chairperson and setting out the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

“(4) If such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Chairperson ought to be restored to office and, if each House so passes such a resolution, the Minister must terminate the suspension.

“(5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Minister may terminate the Chairperson’s appointment.

“(6) If the Chairperson of a Regional Council ceases to be a member of a Regional Council otherwise than by resigning from the Regional Council, the Minister may terminate the Chairperson’s appointment.

“(7) If the Chairperson of a Regional Council:

(a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or

(b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer; or

(c) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or

(d) fails, without reasonable excuse, to comply with section 119;

the Minister must terminate the Chairperson’s appointment.

“(8) If the Minister terminates the appointment of the Chairperson of a Regional Council, the Minister must cause to be laid before each House of the Parliament, within 7 sitting days of that House after the termination, a statement:

(a) identifying the Chairperson;

(b) stating that his or her appointment has been terminated; and

(c) setting out the ground of the termination.

Leave of absence for Chairpersons

“127D.(1) Subject to section 87E of the Public Service Act 1922, the Chairperson of a Regional Council has such recreation leave entitlements as are determined by the Remuneration Tribunal.

“(2) The Commission Chairperson may grant the Chairperson of a Regional Council leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Commission Chairperson determines in writing.

“(3) The Commission Chairperson must not grant to the Chairperson of a Regional Council leave of absence for a continuous period of more than 6 months unless the grant of such leave of absence is required or expressly permitted by a law of the Commonwealth.”.

(2) Sections 127A, 127B, 127C and 127D of the Principal Act as amended by this Act do not apply to the Chairperson of a Regional Council until immediately after the first election of a person as the Chairperson of that Regional Council after the end of the round of Regional Council elections for 1993.

Zone elections

21. Section 132 of the Principal Act is amended by omitting from subsection (2) “paragraph 138(1)(b)” and substituting “section 138”.

Rules for conduct of elections

22. Section 138 of the Principal Act is amended by omitting subsection (6).

Schedule 1

23. Schedule 1 to the Principal Act is repealed and the following Schedule is substituted:

“SCHEDULE 1 Subsections 91(1) and 130(1)

ZONES AND REGIONS

Transitional provision for the original 60 Regional Councils

24.(1) Despite paragraph 13(a) and section 23, the 60 Regional Councils that were in existence immediately before the commencement of this Act continue in existence after that commencement until the end of the election period for the round of Regional Council elections for 1993.

(2) For the purposes of the continued existence of those Regional Councils:

(a) the regions, and the boundaries of those regions, as they existed immediately before that commencement, are, subject to subsection (3), taken to continue in existence until the end of that election period; and

(b) Divisions 1, 2, 3, 5 and 6 of Part 3 of the Principal Act are taken to apply accordingly until the end of that election period.

(3) Paragraph (2)(a) does not prevent the Minister, under section 91 of the Principal Act as amended by this Act, changing the boundaries of those regions during the period between the commencement of this section and the end of that election period.

NOTE

1. No. 150, 1989, as amended. For previous amendments, see No. 122, 1991.

[Minister’s second reading speech made in—

House of Representatives on 5 May 1993

Senate on 18 May 1993]