EXPLANATORY STATEMENT
Issued by the authority of the Minister for Aboriginal
and Torres Strait Islander Affairs
Aboriginal and Torres Strait Islander Commission Act 1989
TORRES STRAIT REGIONAL AUTHORITY
ELECTION AMENDMENT RULES 1999
These Amendment Rules were made under section 143G of the Aboriginal and Torres
Strait Islander Commission Act 1989 (the Act). That section provides that the
Minister may, after consulting with the Tones Strait Regional Authority (TSRA) and
the Australian Electoral Commission (ABC), make rules about the manner in which
TSRA elections under the Act are to be conducted.
Following a review of the conduct of the 1996 and 1997 elections for the ATSIC Regional Councils and the TSRA, the AEC provided submissions relating to the future conduct of those elections. These Amendment Rules give effect to these submissions by providing increased efficiency in the conduct of TSRA elections and a more effective service to voters.
These Amendment Rules reflect the change to the TSRA Rules which redefines the Thursday Island (Port Kennedy) community and the Horn Island and Prince of Wales electorate as two wards. This change will ensure that only those persons who are enfranchised for the election will be enabled to vote. The relevant map has been clarified and updated in order to accurately identify the two wards. The map is identified in Schedule 1 to the Rules.
The Amendment Rules set out the procedures which electors are required to follow when casting postal votes and the processes which polling officials are required to observe during the scrutiny of votes.
Other changes are of a technical nature.
The Amendment Rules commenced upon gazettal.
Overview
The Aboriginal and Torres Strait Islander Commission Act 1989 was enacted to establish the Aboriginal and Torres Strait Islander Commission (ATSIC) to provide advice to the government on matters affecting Aboriginal and Torres Strait Islander peoples, including their social, economic, cultural, and political welfare. The Act aimed to address the historical neglect and systemic disadvantage experienced by these communities. The Act was enacted by the Parliament of Australia, reflecting a policy objective to empower Indigenous Australians and promote their self-determination and participation in decision-making processes that affect them. The Torres Strait Regional Authority Election Amendment Rules 1999 were introduced to refine the electoral processes for the Torres Strait Regional Authority (TSRA) under the Act. These rules were made in response to a review of the 1996 and 1997 TSRA elections, aiming to enhance efficiency and voter service. The rules incorporate changes such as the redefinition of electoral wards and update the electoral map to ensure accuracy and inclusivity of eligible voters. The Amendment Rules also detail procedures for postal voting and the scrutiny of votes, reflecting a commitment to improving the conduct and integrity of TSRA elections.
Scope and Application
The Torres Strait Regional Authority Election Amendment Rules 1999, made under section 143G of the Aboriginal and Torres Strait Islander Commission Act 1989, apply to the conduct of elections for the Torres Strait Regional Authority (TSRA) under the Act. These Amendment Rules follow a review of the 1996 and 1997 elections, incorporating recommendations from the Australian Electoral Commission (AEC) to enhance efficiency and voter service. The Amendment Rules are designed to align with the TSRA Rules that reclassify the Thursday Island (Port Kennedy) community and the Horn Island and Prince of Wales electorate as two distinct wards, ensuring only eligible voters can participate. They also outline procedures for postal voting and the scrutiny of votes by polling officials. The Rules commenced upon gazettal, thereby immediately applying to future TSRA elections within the Commonwealth of Australia. The scope of these Amendment Rules is specifically focused on electoral processes within the Torres Strait region, with no indication of broader application to other entities or regions outside the Commonwealth.
Key Provisions
The key provisions of the Torres Strait Regional Authority Election Amendment Rules 1999 (section 143G) focus on the manner in which elections for the Torres Strait Regional Authority (TSRA) are to be conducted, following a review of the 1996 and 1997 elections. These rules aim to enhance efficiency and voter service, reflecting changes in ward definitions and electoral maps to ensure that only eligible voters participate. For example, the Thursday Island (Port Kennedy) community and the Horn Island and Prince of Wales electorate have been redefined as two separate wards, with the updated map identified in Schedule 1.
The rules impose several obligations on the parties involved, including electors and polling officials. Electors must follow specified procedures when casting postal votes, ensuring that their votes are valid and counted. Polling officials are required to adhere to defined processes during the scrutiny of votes, maintaining the integrity of the electoral process. These obligations are designed to streamline the electoral process, ensuring that it is conducted in an orderly and efficient manner.
Breaching the provisions of these rules can result in legal consequences. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is implied that non-compliance with the electoral rules could lead to sanctions. These might include fines, disqualification from voting or candidacy, or other legal actions as deemed necessary by the relevant authorities to uphold the integrity of the electoral process. The focus of these rules is on ensuring that TSRA elections are conducted with fairness and transparency, reflecting the legislative intent to protect the democratic rights of Torres Strait Islanders.