Aboriginal and Torres Strait Islander
Commission Amendment Act 1996
No. 35, 1996
An Act relating to the Aboriginal and Torres Strait
Islander Commission, and for related purposes
Contents | |
1 | Short title......................................... Commencement.................................... Schedule(s).......................................ot | 833 834 834 |
2 |
3 |
Schedule 1—Amendment of the Aboriginal and Torres Strait | |
Islander Commission Act 1989 | 835 |
Schedule 2—Amendment of the Aboriginal and Torres Strait | |
Islander Commission Act 1989 | 861 |
Aboriginal and Torres Strait Islander Commission Amendment Act 1996
No. 35, 1996
An Act relating to the Aboriginal and Torres Strait Islander Commission, and for related purposes
[Assented to 12 September 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act 1996.
2 Commencement
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) If this Act does not receive the Royal Assent on or before 12 September 1996, item 4 of Schedule 1 commences on a day to be fixed by Proclamation.
(3) If item 4 of Schedule 1 does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, that item commences on the first day after the end of that period.
(4) Item 68 in Schedule 1 commences on the 28th day after the day on which this Act receives the Royal Assent.
(5) Schedule 2 commences on the day, or the earliest day, on which the Minister appoints a person as a Commissioner after the person has been elected in the 1999 round of Regional Council elections.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the Aboriginal and Torres Strait Islander Commission Act 1989
Subsection 4(1) (definition of Commission Chairperson)
Repeal the definition, substitute:
Commission Chairperson means the Chairperson of the Commission referred to in paragraph 27(1)(a).
2 Subsection 4(1)
Insert:
elected Commissioner means a member of the Commission referred to in paragraph 27(1)(b).
3 Subsection 4(1)
Insert:
non-elected Commissioner means the member of the Commission referred to in paragraph 27(1)(c).
4 Subsection 4(1) (table in definition of prescribed number)
Repeal the table, substitute:
Estimated population of region | Prescribed number |
not more than 1,000 | 8 |
more than 1,000 but not more than 4,000 | 9 |
more than 4,000 but not more than 7,000 | 10 |
more than 7,000 but not more than 10,000 | 11 |
more than 10,000 | 12 |
5 Transitional
(1) This item applies only if this Act receives the Royal Assent on or before 12 September 1996.
(2) The amendment made by item 4 extends to the round of Regional Council elections for which the election period started on 12 July 1996 (the current round of Regional Council…
Overview
The Aboriginal and Torres Strait Islander Commission Amendment Act 1996 (C2004A05055) was enacted by the Parliament of Australia on 12 September 1996. This Act amends the Aboriginal and Torres Strait Islander Commission Act 1989 to address various issues related to the governance and administration of the Aboriginal and Torres Strait Islander Commission (ATSIC). Among its key objectives are to refine the structure and functions of ATSIC, including the roles and terms of Commissioners, as well as to enhance the transparency and accountability of Regional Councils. The Act also introduces provisions for the handling of interests in land and the disclosure of pecuniary interests by ATSIC members and Regional Council members. The amendments are designed to ensure more effective representation and decision-making processes within ATSIC and its Regional Councils, thereby better serving the interests of Aboriginal and Torres Strait Islander communities.
Scope and Application
The Aboriginal and Torres Strait Islander Commission Amendment Act 1996 amends the Aboriginal and Torres Strait Islander Commission Act 1989, impacting the Aboriginal and Torres Strait Islander Commission (ATSIC) and related entities. This legislation applies to individuals, bodies corporate, and unincorporated bodies that have liabilities or obligations to ATSIC, as well as the ATSIC itself and its various officials and members, including Regional Council members. The Act operates within the jurisdictional scope of the Commonwealth of Australia and extends to all states and territories. Certain amendments and items are subject to specific commencement dates, and some provisions apply only after the appointment of new Commissioners following specified elections. The Act includes provisions for the substitution of definitions, alterations to the composition and roles of ATSIC members, changes to the procedures for elections and appointments, and the introduction of new sections regarding the disclosure of interests and public access to Regional Council meetings and documents. Notably, it also addresses the enforcement of liabilities related to land interests by ATSIC and its subsidiaries. The Act does not specify any exclusions or exemptions but does detail the thresholds and conditions under which certain provisions apply, particularly concerning elections and appointments within ATSIC.
Key Provisions
- The Aboriginal and Torres Strait Islander Commission Amendment Act 1996 amends the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) (the "1989 Act") in various ways. The Act introduces new definitions, modifies existing definitions, and makes changes to the structure and functions of the Aboriginal and Torres Strait Islander Commission (ATSIC) and its Regional Councils. The Act also introduces new obligations and requirements for ATSIC and Regional Councils, and outlines offences and penalties for breaches of the legislation.
- Firstly, the Act introduces new definitions and modifies existing definitions in the 1989 Act. For example, the Act defines "elected Commissioner" as a member of ATSIC who is elected under Division 7 of Part 3 of the 1989 Act to represent a zone, and "non-elected Commissioner" as the member of ATSIC who is not elected under Division 7 of Part 3 of the 1989 Act to represent a zone (s. 4). The Act also modifies the definition of "Commission Chairperson" to mean the Chairperson of ATSIC elected under section 31A (Schedule 2, s. 1).
- Secondly, the Act makes changes to the structure and functions of ATSIC and its Regional Councils. For example, the Act changes the composition of ATSIC from 19 members to 18 members, with one Chairperson, 16 elected Commissioners, and one non-elected Commissioner (Schedule 1, s. 27). The Act also introduces new provisions for the appointment of alternates to the Deputy Chairperson of ATSIC and Regional Councils (Schedule 1, s. 32A and s. 36(1A) to (1C)). The Act also modifies the process for the suspension and removal of ATSIC Commissioners (Schedule 1, s. 40(2) and (6A)).
- Thirdly, the Act imposes new obligations and requirements on ATSIC and Regional Councils. For example, the Act requires Regional Councils to disclose any direct or indirect pecuniary interests of their members in accordance with a Ministerial determination (Schedule 1, s. 119A). The Act also requires ATSIC to keep a register of the interests disclosed by Regional Council members and allow any person to inspect the register at any reasonable time without charge (Schedule 1, s. 119A(2) and (3)). The Act also imposes new requirements on Regional Councils to make certain documents available for inspection by the public (Schedule 1, s. 128B and s. 128C).
- Finally, the Act outlines offences and penalties for breaches of the legislation. For example, the Act makes it an offence to make a false or misleading statement as to another person's right to vote in an election under the Act, and to encourage another person to vote in the election if the first-mentioned person knows that the other person is not entitled to vote (Schedule 1, s. 198(3A) and (3B)). The maximum penalty for these offences is 25 penalty units. The Act also makes it an offence to contravene certain provisions relating to the disclosure of interests by ATSIC and Regional Council members, with penalties ranging from 10 to 50 penalty units (Schedule 1, s. 119A(5) and s. 198(3) to (3A)).
- Area of Law
- Indigenous Peoples & Native Title Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Enforcement Powers
- Disclosure of interests
- Reporting & Disclosure Obligations
