Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999

Overview

The Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 was enacted by the Parliament of Australia to amend the Aboriginal and Torres Strait Islander Commission Act 1989. This legislative amendment aimed to address specific issues within the existing framework of the Aboriginal and Torres Strait Islander Commission (ATSIC). The primary objective of the Act was to refine the constitutional structure of the Commission by altering the appointment and resignation processes for its members and Chairperson. The Act ensured that changes in leadership and membership roles within ATSIC were clearly defined and managed according to the provisions set out in the amended legislation. The Act received Royal Assent on 1 October 1999, and its provisions came into effect contingent on the commencement of related amendments in the Aboriginal and Torres Strait Islander Commission Amendment Act 1996.

Scope and Application

The Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 amends the Aboriginal and Torres Strait Islander Commission Act 1989, primarily affecting the constitutional framework and election processes of the Aboriginal and Torres Strait Islander Commission. This Act applies to the members of the Commission, specifically those appointed by the Minister and those elected to represent various zones. The changes include the appointment of members by the Minister to ensure representation from different zones, as well as the cessation of dual offices for Commissioners elected as the Commission Chairperson, thereby streamlining the leadership structure. This Act operates on a national level, as it pertains to the federal body responsible for the welfare and representation of Aboriginal and Torres Strait Islander peoples. The application of the Act is not restricted by geographic boundaries within Australia, thus encompassing all relevant parties across the Commonwealth. There are no exclusions or exemptions specified within the text of the Act itself, but the detailed provisions for the filling of vacated offices indicate a structured approach to maintaining the Commission's operational integrity.

Key Provisions

The Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 makes specific amendments to the Aboriginal and Torres Strait Islander Commission Act 1989. Section 27 of the 1989 Act is repealed and replaced, clarifying that the Commission consists of members appointed by the Minister, who must be individuals elected under Division 7 of Part 3 to represent various zones (section 27(2)). Additionally, section 31A is amended to include a new subsection (3), which specifies that a Commissioner who is elected as the Commission Chairperson ceases to hold office both as an elected representative and as a Regional Councillor (section 31A(3)). The Act further amends subsection 39(1A) by inserting a new subsection (1AA), stating that a Commission Chairperson who resigns under subsection (1A) is also deemed to have resigned as a member of the Commission (subsection 39(1AA)). The amended Act imposes several obligations on the parties involved. The Minister is required to appoint members to the Commission from those elected under Division 7 of Part 3, ensuring that these members represent the various zones. Furthermore, any Commissioner elected as the Commission Chairperson must relinquish their previous offices as an elected representative and as a Regional Councillor. These changes ensure a clear distinction between the roles of Commission Chairperson and Regional Councillor, with the former ceasing to hold any other elected office upon assuming the Chair. Breach of the provisions set out in the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 1) 1999 could lead to various consequences. Although specific offences and penalties are not detailed within the text provided, it can be inferred that failure to comply with the stipulated requirements for the appointment and responsibilities of Commission members could result in legal actions. The Minister's failure to appoint members according to the Act, or a Commissioner's refusal to vacate their previous offices upon election as Chairperson, might lead to disputes or legal challenges. The exact nature of any penalties would depend on the specific legal context and any additional provisions not detailed in the excerpt provided.