Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1)

Overview

The Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1) was enacted to amend the Torres Strait Regional Authority Election Rules 1996, in line with changes to the Aboriginal and Torres Strait Islander Act 2005. The rule addresses the gap created by the previous legislation that did not provide for the direct election of all Torres Strait Regional Authority (TSRA) members. This gap was identified following amendments to the Act in 2011, which intended that all TSRA members would be directly elected. The rule was introduced by the Minister for Families, Community Services and Indigenous Affairs, operating under the authority granted by section 143G of the Act, and aims to ensure consistency and compliance with the new legislative framework. The rule was subject to consultation with the TSRA and the Australian Electoral Commission, reflecting the importance of these stakeholders in the electoral process.

Scope and Application

The Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1) is an amendment to the Torres Strait Regional Authority Election Rules 1996, made under Section 143G of the Aboriginal and Torres Strait Islander Act 2005. This amendment applies to the procedures for electing members of the Torres Strait Regional Authority (TSRA), ensuring that all members are directly elected in accordance with the new rules. These changes follow legislative amendments that disconnected the appointment of TSRA members from Queensland local government legislation, intending that all members be directly elected. The Amendment Rule specifies new TSRA wards and their boundaries, aligns with Australian Bureau of Statistics collection districts, and mandates that each ward elects a single TSRA member. The changes are designed to be implemented from the forthcoming TSRA election, ensuring consistency and adherence to the Act. The rules also ensure the applicability of the Torres Strait Regional Authority Election (Casual Vacancies) Rules 1998 to all TSRA members. The rule applies nationally, affecting the election process for the TSRA across Australia, with the Minister consulting both the TSRA and the Electoral Commissioner, as required by Section 143G of the Act, before making the amendment.

Key Provisions

The Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1) (the Amendment Rule) amends the Torres Strait Regional Authority Election Rules 1996 (the Rules) to facilitate the direct election of all Torres Strait Regional Authority (TSRA) members. These amendments were necessitated by legislative changes that removed the link between Queensland local government legislation and the appointment of TSRA members, intending that all members be directly elected from the forthcoming election. The main operative sections of the Amendment Rule are found in Schedule 1, which includes the substitution of definitions and the introduction of new rules to specify the new TSRA wards and their boundaries. Rule 2A specifies the new TSRA wards for the Torres Strait area, while rule 2B outlines the boundaries of these new wards by referencing collection districts shown on Australian Bureau of Statistics maps published on 24 August 2005. Rule 2C fixes the designated number for each ward at one, ensuring a single TSRA member for each new ward. The obligations imposed by the Amendment Rule on the parties involved are primarily administrative and procedural. The TSRA must now ensure that all TSRA members are elected directly, following the new ward boundaries and electoral arrangements specified in the amended Rules. The Australian Electoral Commission (AEC) has the obligation to conduct the TSRA elections in accordance with the updated Rules, ensuring that the elections are fair, transparent, and compliant with the legislative framework. The Minister for Families, Community Services and Indigenous Affairs is required to consult with both the TSRA and the AEC when making rules under section 143G of the Aboriginal and Torres Strait Islander Act 2005, as evidenced by the consultation undertaken before the Amendment Rule was made. The Amendment Rule itself does not explicitly outline specific offences, penalties, or consequences for breaches. However, the overarching legislation, the Aboriginal and Torres Strait Islander Act 2005, may provide for sanctions in cases of non-compliance with the Act or the Rules. For instance, under the general provisions of the Act, there may be civil or criminal penalties for actions that contravene the Act or the Rules, including potential fines or imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or subsequent legislative amendments. The Rule is subject to disallowance, which means that it can be annulled by a resolution of either house of the Parliament within a specified period after its commencement.