Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997

Overview

The Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997, enacted by the Parliament of Australia, was designed to address issues concerning the budget of the Torres Strait Regional Authority (TSRA). This Act amends the Aboriginal and Torres Strait Islander Commission Act 1989 to make specific changes regarding the TSRA budget. The legislative intent is to streamline and clarify the appropriation process for the TSRA by establishing a direct payment mechanism from Parliament, overseen by the Minister for Finance. The policy objective of the Act is to ensure that the TSRA receives the necessary funding in an organised and efficient manner, thereby supporting its operations and functions. The Act came into effect on the day it received Royal Assent, which was 30 June 1997.

Scope and Application

The Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997 is an Act of the Parliament of Australia that amends the Aboriginal and Torres Strait Islander Commission Act 1989 specifically concerning the budget of the TSRA, or the Torres Strait Regional Authority. This Act applies to the TSRA and its financial operations, specifying the appropriation of funds by Parliament and the administrative oversight by the Minister for Finance. The amendments outlined in this Act are intended to take effect from the financial year commencing on 1 July 1997. The Act ensures that the TSRA receives the appropriated funds from the Parliament and that the Minister for Finance has the authority to direct the amounts and timing of these payments. This legislative amendment streamlines the financial processes related to the TSRA, ensuring a clear and direct appropriation process for future financial years.

Key Provisions

The Aboriginal and Torres Strait Islander Commission Amendment (TSRA) Act 1997 (Act) primarily focuses on amending the Aboriginal and Torres Strait Islander Commission Act 1989 (1989 Act) with respect to the Torres Strait Regional Authority (TSRA) budget and related provisions. Specifically, the Act makes several amendments to the 1989 Act. For instance, it repeals subsections 58(2) and 58(3) of the 1989 Act (section 1), omits specific terms in paragraphs 61(7)(c), 66(2)(c) of the 1989 Act (sections 2 and 4), and removes paragraphs 61(7)(d), 63(4)(fa), and 66(2)(d) (sections 3, 5, and 6). Furthermore, it introduces a new section 144TA in Division 9 of Part 3A of the 1989 Act, which stipulates the payment of money to the TSRA as appropriated by Parliament, and allows the Minister for Finance to direct the amounts and timing of these payments (section 6). Finally, it amends subsection 144ZA(2) of the 1989 Act to reference section 144TA instead of section 58 (section 7). The Act imposes several obligations and requirements on the parties it governs. Primarily, it mandates the payment of funds to the TSRA as appropriated by Parliament, as detailed in section 144TA(1). Additionally, it grants the Minister for Finance the authority to direct the amounts and timing of these payments (section 144TA(2)). These provisions ensure that the TSRA receives the necessary financial support and that the timing and amounts of these payments are managed according to the Minister's directives. The Act also mandates that these changes apply from the financial year beginning on 1 July 1997 onwards (section 8). In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, given the nature of the amendments, failure to comply with the financial obligations and directives could potentially lead to legal actions for non-payment or mismanagement of funds. Such actions could result in civil consequences, including financial penalties or legal proceedings to enforce payment or compliance. It is also possible that non-compliance could attract criminal penalties if it is found to involve fraud or other criminal activities, although these are not explicitly detailed within the Act itself. The specific penalties would depend on the nature and severity of the breach, as well as the applicable laws and regulations governing financial management and appropriation in Australia.