ATSIC (Regional Councils--Election of Officeholders) Regulations (Amendment)

Overview

The ATSIC (Regional Councils - Election of Officeholders) Regulations (Amendment) 1994 No. 390 is an amendment to the original regulations that were enacted under the Aboriginal and Torres Strait Islander Commission Act 1989. The primary objective of this amendment is to address certain omissions and errors in the existing regulations concerning the election of Chairpersons, Deputy Chairpersons, and Alternate Deputy Chairpersons for ATSIC Regional Councils. This amendment was issued under the authority of the Minister for Aboriginal and Torres Strait Islander Affairs and was made to rectify inconsistencies in the original regulations. For instance, it corrects an omission by inserting the word "alternate" in the appropriate place in Regulation 9(4). Additionally, it revises the method of resolving ties in the election process, introducing intermediate elections and the use of a draw by lot if necessary. These changes aim to ensure a more accurate and fair election process for these positions within ATSIC Regional Councils.

Scope and Application

The ATSIC (Regional Councils - Election of Officeholders) Regulations (Amendment) 1994 No. 390 applies to the processes and procedures for the election of Chairpersons, Deputy Chairpersons, and Alternate Deputy Chairpersons within the Aboriginal and Torres Strait Islander Commission (ATSIC) Regional Councils. These regulations are made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989, and they modify the existing Officeholders Regulations to correct an omission and introduce new provisions for intermediate elections and tie-breaking mechanisms. The amendments clarify the election process by including the term "alternate" in relation to Deputy Chairpersons and establish procedures for intermediate elections and draws by lot in the event of tied votes. These regulations are applicable to the entire Commonwealth of Australia and extend to all Regional Councils governed by the ATSIC Act. The changes are designed to ensure the proper functioning of ATSIC Regional Councils by providing clear and fair election practices.

Key Provisions

The main operative sections of the ATSIC (Regional Councils - Election of Officeholders) Regulations (Amendment) 1994 No. 390 include Regulations 2 and 3, which amend the existing Officeholders Regulations under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act). Regulation 2 corrects an omission by ensuring the word "alternate" is included before "Deputy Chairperson" in Regulation 9(4) of the Officeholders Regulations. Regulation 3 modifies the existing Schedule, replacing the current clause 5 with two new clauses. The first new clause, clause 5, introduces a process for intermediate elections when no candidate achieves an absolute majority of first preferences, with a draw by lot determining the excluded candidate in case of a further tie. Additionally, clause 6 introduces a provision for an intermediate election when two unexcluded candidates receive the same number of votes and no other unexcluded candidates exist, with a draw by lot deciding the excluded candidate if another tie occurs. The obligations and requirements imposed by these Regulations on ATSIC Regional Councils include ensuring that any election for Chairperson, Deputy Chairperson, and Alternate Deputy Chairperson adheres to the amended provisions. These amendments necessitate conducting intermediate elections under specific circumstances and employing a draw by lot to resolve ties, ensuring fair and transparent election processes. Regional Councils must now follow these detailed procedures to determine which candidates are excluded if no candidate achieves an absolute majority of first preferences or in the case of a tie between two candidates. The Regulations introduce potential consequences for non-compliance with the new provisions. While the text does not explicitly state specific penalties for breaches, under the ATSIC Act, breaches of regulations may result in civil or criminal penalties. The exact nature and severity of these penalties would depend on the specific breach and could include fines or other legal consequences as determined by the relevant authorities. It is essential for Regional Councils to comply with these amended Regulations to avoid any potential legal repercussions.