EXPLANATORY STATEMENT
Issued by the authority of the Minister for Immigration and Multicultural and Indigenous Affairs
Aboriginal and Torres Strait Islander Commission Act 1989
TORRES STRAIT REGIONAL AUTHORITY AMENDMENT RULES 2003 (No. 1)
These Amendment Rules were made under section 142S of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act). Subsection 142S(1) of the ATSIC Act provides that the Minister may, by notice in the Gazette, declare that he is satisfied that the Torres Strait Regional Authority (the TSRA) would best be able to represent the Torres Strait Islanders and Aboriginal persons living in the Torres Strait area if it consisted of, or included, persons elected to represent particular communities in that area under the Queensland Community Services (Torres Strait) Act 1984 (the Queensland Act). Subsection 142S(2) of the ATSIC Act further provides that the Notice must set out details of how the TSRA is to be constituted and may include provision for some members of the TSRA to be elected under the ATSIC Act to represent particular communities in the Torres Strait.
The Schedule to the existing Notice sets out the Torres Strait Regional Authority Rules 2003 (the TSRA Rules). The purpose of these Amendment Rules is to rectify an error in the TSRA Rules.
Rule 1 titles the Amendment Rules.
Rule 2 provides for commencement on gazettal.
Rule 3 provides a Schedule of Amendment which changes the reference in the heading in the existing TSRA Rule 7 from section 20 of the Queensland Act to section 18 of the Queensland Act. The heading will now correctly describe the content of Rule 7.
Overview
The Torres Strait Regional Authority Amendment Rules 2003 (No. 1) were introduced to rectify an error in the Torres Strait Regional Authority Rules 2003, which were established under the Aboriginal and Torres Strait Islander Commission Act 1989. These rules were enacted to ensure the Torres Strait Regional Authority (TSRA) could effectively represent Torres Strait Islanders and Aboriginal persons in the Torres Strait area, as per section 142S of the Act. The primary objective of the amendment was to correct an inaccuracy in Rule 7 by amending the reference from section 20 of the Queensland Community Services (Torres Strait) Act 1984 to section 18, ensuring the heading accurately reflected the content of the rule. This correction was made by the Minister for Immigration and Multicultural and Indigenous Affairs to maintain the integrity and functionality of the TSRA in representing the interests of the local communities.
Scope and Application
The Torres Strait Regional Authority Amendment Rules 2003 (No. 1) apply to the Torres Strait Regional Authority (TSRA) as established under section 142S of the Aboriginal and Torres Strait Islander Commission Act 1989. These Amendment Rules were introduced to correct an error in the existing Torres Strait Regional Authority Rules 2003, specifically rectifying the reference in the heading of Rule 7 to correctly reflect section 18 of the Queensland Community Services (Torres Strait) Act 1984. The purpose of these amendments is limited to addressing the technical error and ensuring the Rules accurately represent the legislative framework under which the TSRA operates. The geographic and jurisdictional reach of these rules is confined to the Torres Strait area, and they pertain to the governance and representation of Torres Strait Islanders and Aboriginal persons in that region. The rules do not extend beyond correcting the specified error, and there are no stated exclusions or exemptions. The rules come into effect upon gazettal, as provided in Rule 2 of the Amendment Rules.
Key Provisions
The Torres Strait Regional Authority Amendment Rules 2003 (No. 1) primarily concern the composition and representation of the Torres Strait Regional Authority (TSRA) as specified in section 142S of the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act). Specifically, Rule 3 amends Rule 7 of the Torres Strait Regional Authority Rules 2003, correcting a reference error within the Queensland Community Services (Torres Strait) Act 1984 (Queensland Act). This amendment ensures that Rule 7 correctly refers to section 18 of the Queensland Act instead of section 20, aligning the rule’s description with its actual content.
Under the amended rule, the obligations imposed on the TSRA include ensuring that its membership accurately reflects the communities it represents. The TSRA must consist of, or include, persons elected to represent particular communities in the Torres Strait area. This requirement underscores the importance of community representation and participation within the TSRA, facilitating better representation of the interests and needs of the Torres Strait Islanders and Aboriginal persons living in that area. Additionally, the TSRA must comply with the procedural and constitutional details outlined in the Queensland Act, ensuring that elections and appointments are conducted in accordance with established legal frameworks.
Failure to comply with the provisions of these Amendment Rules can lead to various consequences. Although the document does not explicitly detail the penalties or consequences for non-compliance, breaches of the ATSIC Act or related legislation could potentially result in administrative, civil, or criminal penalties. Such consequences could include fines, legal actions, or other disciplinary measures depending on the severity and nature of the breach. However, the specific penalties and enforcement mechanisms are not outlined in these Amendment Rules, and would typically be found within the broader context of the ATSIC Act and associated regulations.