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
ELECTION AMENDMENT RULES 2003 (No.1)
These Amendment Rules were made under subsection 143G(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act). That subsection provides that the Minister may, after consulting with the Torres Strait Regional Authority (TSRA) and the Australian Electoral Commission (AEC), make rules about the manner in which TSRA elections under the Act are to be conducted.
Existing TSRA Election Rules facilitate the conduct of the election of the two members of the TSRA who are elected under the Act. The remaining members of the TSRA are members of the Island Coordinating Council who are elected under the Queensland Community Services (Torres Strait) Act 1984. These Amendment Rules reflect the technical changes which were made to the ATSIC Regional Council Election Rules for the October 2002 ATSIC elections in order to provide increased efficiency in the conduct of elections and a more effective service to voters. TSRA elections will be held in April 2004.
The Schedule of Amendments is as follows:
Items 1 and 3 specify certain functions of the Returning Officer.
Items 3 -14 set out technical requirements for postal voting.
Items 15 -19 provide for further investigation of eligibility of postal and pre-poll votes by a regional panel (comprising of the senior liaison officer and 2 Indigenous persons) together with other procedures for certification and scrutiny of votes.
Items 20 - 22 set out procedures at mobile polling booths.
Items 23 - 25 substitute a regional panel for the senior liaison officer and allow an affected voter to seek review by a regional panel.
Items 26 -28 sets out the procedures for scrutiny of votes.
Items 29 -33 provide for computerised scrutiny of votes and election recounts.
Items 2, 34,35, 36, 37,38, 39, 40 amend existing criminal responsibility provisions to harmonise them with the Criminal Code contained in the schedule to the Criminal Code Act 1995.
The Amendment Rules commenced upon gazettal.
Overview
The Torres Strait Regional Authority Election Amendment Rules 2003 (No.1) were enacted under subsection 143G(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 to address technical deficiencies in the conduct of TSRA elections, ensuring a more efficient and effective electoral process. These rules were made by the Minister for Immigration and Multicultural and Indigenous Affairs, after consultation with the Torres Strait Regional Authority and the Australian Electoral Commission, aligning with the policy objective of improving the electoral integrity and accessibility for voters in the Torres Strait region. The overarching aim is to enhance the efficiency of the election conduct, thereby providing a better service to the electorate through streamlined procedures and improved scrutiny processes.
These Amendment Rules reflect technical changes previously implemented for the October 2002 ATSIC elections, incorporating advancements such as the use of regional panels for scrutinising postal and pre-poll votes, the establishment of mobile polling booths, and the introduction of computerised scrutiny and recount procedures. By amending existing rules to harmonise with the Criminal Code Act 1995, the legislation seeks to ensure that criminal responsibility provisions are uniformly applied, thereby maintaining the integrity of the electoral process. These changes were designed to be enacted upon gazettal, with the TSRA elections scheduled for April 2004.
Scope and Application
The Torres Strait Regional Authority Election Amendment Rules 2003, made under the Aboriginal and Torres Strait Islander Commission Act 1989, primarily govern the election processes for the two members of the Torres Strait Regional Authority (TSRA) who are elected under the Act. These rules apply to the TSRA and its members, specifically addressing the technical aspects of conducting elections to enhance efficiency and voter service. The rules cover various procedures including postal voting, scrutiny of votes, and the roles of regional panels and the Returning Officer. The geographic reach of these rules is limited to the Torres Strait region, with the elections themselves being held in April 2004. While the rules are primarily concerned with TSRA elections, they also include amendments to harmonise certain criminal responsibility provisions with the Criminal Code Act 1995. The Amendment Rules came into effect upon their gazettal, and they supersede any existing TSRA Election Rules to the extent of any inconsistency.
Key Provisions
The main operative sections of the Torres Strait Regional Authority Election Amendment Rules 2003 (No. 1) detail the specific changes and technical adjustments made to the existing rules concerning the conduct of TSRA elections under the Aboriginal and Torres Strait Islander Commission Act 1989. These amendments aim to enhance efficiency and improve service to voters. Items 1 and 3 specify the functions of the Returning Officer, while items 3-14 outline the technical requirements for postal voting. Items 15-19 establish procedures for the further investigation of eligibility of postal and pre-poll votes by a regional panel, which consists of the senior liaison officer and two Indigenous persons, as well as other certification and scrutiny processes. Items 20-22 provide procedures for mobile polling booths, and items 23-25 substitute a regional panel for the senior liaison officer and allow affected voters to seek review by a regional panel. Items 26-28 detail the procedures for the scrutiny of votes, and items 29-33 address the computerised scrutiny of votes and election recounts.
The Amendment Rules impose obligations and requirements on various parties involved in the TSRA elections. The Returning Officer, for instance, is tasked with ensuring that the functions specified in items 1 and 3 are carried out effectively. The regional panel, comprising the senior liaison officer and two Indigenous persons, is responsible for further investigations of the eligibility of postal and pre-poll votes as outlined in items 15-19. Additionally, the regional panel must also conduct reviews as specified in items 23-25. These amendments necessitate the involvement of the Island Coordinating Council and the Queensland Community Services (Torres Strait) Act 1984, given that the remaining members of the TSRA are elected under this Act.
The Amendment Rules also address offences, penalties, and potential civil or criminal consequences for breach. Amendments made to the criminal responsibility provisions, specifically in items 2, 34, 35, 36, 37, 38, 39, and 40, aim to harmonise them with the Criminal Code contained in the schedule to the Criminal Code Act 1995. While the exact penalties for breaches are not specified within the text of these Amendment Rules, they would be governed by the relevant provisions of the Criminal Code Act 1995. This harmonisation ensures that any breaches of the TSRA election process are subject to the appropriate legal consequences as outlined in the Criminal Code.