ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1) 2002 No. 275
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 275
Issued by the Authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Aboriginal and Torres Strait Islander Commission Act 1989
ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1)
Subsection 201(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, the Regional Council election rules, the TSRA Election Rules or the zone election Rules, prescribing matters for carrying out or giving effect to the Act. Subsection 201 (2) provides that the regulations may make provision in relation to the conduct of elections for the purpose of sections 127 and 127J of the Act.
Subsection 127 (1) of the Act provides that a Regional Council shall, at its first meeting after it is elected, elect from is members by secret ballot a Chairperson and a Deputy Chairperson. Item 3 of the Amendment Regulations amends the existing subregulation 21 (2) in order to ensure that nominations to fill the offices of Chairperson and Deputy Chairperson of a Regional Council are called as soon as practicable after a vacancy occurs in either of those offices for the reason that the holder of the office is elected as a Commissioner or Chairperson.
Subsection 127J (1) of the Act provides that a Regional Council may elect a member of the Council to be the alternate of the Deputy Chairperson. Subsection 127 (3) provides that the alternate holds office for such period as is determined by the Regional Council. Item 4 of the Amendment Regulations amends the existing subregulation 22 (3) in order to ensure that when the Regional Council has decided to elect a new alternate Deputy Chairperson, nominations to fill the office of alternate Deputy Chairperson of a Regional Council will be called as soon as practicable after a vacancy occurs in that office for the reason that the holder of the office is elected as a Chairperson or Deputy Chairperson.
The Regulations as they currently stand require elections for the alternate Deputy Chairperson of a Regional Council to be conducted by the Regional Manager for the region for which the Council is established. Items 1 and 2 allow the Australian Electoral Commission to conduct those elections.
Item 5 is a supplementary amendment upon Items 3 and 4.
The Regulations commenced on gazettal.
Overview
The ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1) were enacted to address issues related to the timely election of Chairpersons, Deputy Chairpersons, and alternate Deputy Chairpersons in Regional Councils under the Aboriginal and Torres Strait Islander Commission Act 1989. These regulations were introduced by the Minister for Immigration and Multicultural and Indigenous Affairs to amend existing rules concerning the conduct of elections for these positions, ensuring that nominations for these offices are called as soon as practicable after a vacancy occurs due to the election of the holder as a Commissioner or Chairperson. The overarching policy objective is to maintain continuity and effective governance within Regional Councils by promptly filling key leadership roles. The Regulations came into effect immediately upon gazettal.
Scope and Application
The Aboriginal and Torres Strait Islander Commission Act 1989, as amended by the ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1), applies to the conduct of elections for the Regional Councils established under the Act. These Regulations specifically address the procedures for filling vacancies in the offices of Chairperson and Deputy Chairperson, as well as the alternate Deputy Chairperson, within the Regional Councils. They are applicable to the conduct of such elections as per the provisions in sections 127 and 127J of the Act. The Regulations ensure that nominations for these offices are called as soon as practicable after a vacancy occurs, and they allow for the Australian Electoral Commission to conduct these elections, which previously needed to be conducted by the Regional Manager for the region. The Regulations have a national reach and are designed to streamline the election process for these key positions within the Regional Councils.
Key Provisions
The main operative sections of the ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1) (the Regulations) primarily address the procedures for filling vacancies in the offices of Chairperson and Deputy Chairperson, as well as the alternate Deputy Chairperson, within Regional Councils under the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act). Specifically, Item 3 amends subregulation 21(2) to mandate that nominations for the Chairperson and Deputy Chairperson positions are called as soon as practicable after a vacancy arises due to the incumbent being elected as a Commissioner or Chairperson. Similarly, Item 4 modifies subregulation 22(3) to require that nominations for the alternate Deputy Chairperson are also called as soon as practicable following a vacancy, which occurs when the holder of that office is elected as a Chairperson or Deputy Chairperson. Furthermore, Items 1 and 2 alter the existing framework to allow the Australian Electoral Commission to conduct these elections, previously the responsibility of the Regional Manager for the relevant region.
The obligations imposed by the Regulations on the relevant parties primarily involve ensuring timely and orderly processes for filling the specified offices within Regional Councils. Regional Councils are required to call nominations for the Chairperson, Deputy Chairperson, and alternate Deputy Chairperson positions promptly upon the occurrence of a vacancy. Additionally, the Australian Electoral Commission, now responsible for conducting the elections under Items 1 and 2, must adhere to the stipulated timelines and procedures for these electoral processes.
The Regulations also outline specific consequences for non-compliance with the stipulated provisions. While the explanatory statement does not explicitly detail penalties or sanctions for breach, under the overarching Act, non-compliance with regulations made under section 201 may result in civil or criminal penalties as prescribed by the relevant laws. The exact penalties would depend on the nature of the breach and applicable legislation at the time of the offence.