ATSIC (Regional Councils — Election of Officeholders) Amendment Regulations 1999 (No. 1)

Overview

The ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 1999 (No. 1) were enacted to address an inconsistency between subsection 201(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 and Regulation 22 of the ATSIC (Regional Councils - Election of Officeholders) Regulations. The problem that these regulations sought to resolve was the conflict between the discretionary power of the Regional Council to elect an alternate Deputy Chairperson under section 127J of the Act and the mandatory obligation imposed by Regulation 22 to hold an election for the alternate Deputy Chairperson at any meeting following the first meeting of the Regional Council after its election. This inconsistency was deemed to undermine the discretionary nature of the Regional Council's power as stipulated by the Act. Enacted by the authority of the Minister for Aboriginal and Torres Strait Islander Affairs, the policy objective of these regulations was to align the legislative requirements with the discretionary powers of the Regional Councils, thus ensuring that the election of an alternate Deputy Chairperson remains a discretionary matter for the Councils.

Scope and Application

The ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 1999 (No. 1) apply to the conduct of elections for Regional Councils under the Aboriginal and Torres Strait Islander Commission Act 1989, specifically concerning the election of an alternate Deputy Chairperson. These regulations are designed to align the statutory requirements with the discretionary nature of the election process as outlined in section 127J of the Act, thereby removing an inconsistency between the regulation and the Act. The amendment made by these Regulations applies to all Regional Councils established under the Act and operates within the Commonwealth jurisdiction. The Regulations do not specify any exclusions or exemptions, nor do they set any thresholds; rather, they adjust the regulatory framework to reflect the discretionary power of the Regional Councils in electing an alternate Deputy Chairperson. This adjustment ensures that the conduct of these elections is not mandated by regulation but remains an optional exercise by the Councils, as intended by the Act. The Regulations commenced upon gazette and are subordinate instruments that extend the application of the primary legislation.

Key Provisions

The ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 1999 (No. 1) introduce changes to the existing regulations under the Aboriginal and Torres Strait Islander Commission Act 1989. Specifically, these amendments focus on the election of alternate Deputy Chairpersons for Regional Councils. Under Section 127J of the Act, Regional Councils have the discretionary power to elect a member as an alternate for the Deputy Chairperson. However, the existing Regulation 22 previously mandated that Regional Councils must elect an alternate Deputy Chairperson at any meeting following the first meeting after their election, thus conflicting with the discretionary nature of the power. The amendment, as stated in the Explanatory Statement, resolves this inconsistency by explicitly allowing the election of an alternate Deputy Chairperson to remain a discretionary matter for the Regional Council. These regulations impose specific obligations on Regional Councils. Previously, there was a strict requirement to elect an alternate Deputy Chairperson at the first meeting following their own election, as per Regulation 22. With the amendment, the obligation is now relaxed to a discretionary one, meaning Regional Councils are no longer mandated to hold such an election but may choose to do so if they see fit. This change is intended to provide Regional Councils with greater flexibility in managing their internal governance structures, ensuring that the election of an alternate Deputy Chairperson aligns with the council’s specific needs and circumstances. Failure to adhere to the regulations as amended could result in various consequences, although the specific penalties are not outlined in the provided document. Under the Aboriginal and Torres Strait Islander Commission Act 1989, breaches of regulations could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under the Act can vary widely, from fines to imprisonment, depending on the specific provision contravened. However, for the purposes of these amendments, it is critical for Regional Councils to ensure compliance to avoid any potential repercussions that may arise from non-compliance with the discretionary election requirements. The amendments were made under the authority of the Minister for Aboriginal and Torres Strait Islander Affairs and were issued to ensure consistency with the Act, the Regional Council election rules, the TSRA Election Rules, and the zone election Rules. The Regulations were gazetted and came into effect upon issuance, ensuring that Regional Councils have the updated framework to guide their electoral processes moving forward. The changes are designed to streamline the internal governance of Regional Councils, allowing for a more flexible approach to the election of alternate Deputy Chairpersons.