EXPLANATORY STATEMENT
Issued by the Minister for Families, Housing, Community Services and Indigenous Affairs
Aboriginal and Torres Strait Islander Act 2005
Torres Strait Regional Authority Election Amendment Rules 2008
Section 143G of the Aboriginal and Torres Strait Islander Act 2005 (the Act), provides that the Minister may make rules prescribing, amongst other matters, the manner in which elections for the Torres Strait Regional Authority (TSRA) are to be conducted.
The Rules are a disallowable instrument.
Section 142TA of the Act provides that the TSRA election rules may provide for the division of the Torres Strait area into specified wards, to set out the boundaries for each ward and to fix the designated number for each ward.
As a consequence of the Minister’s declaration made under Section 142S of the Act that was made to give effect to the changes required to the constitution of the TSRA following amendments to the Queensland Act, the election rules have been amended to allow for the creation of three new wards.
Explanation of the Amendment Rules
Section 1 specifies the name of the Amendment Rules.
Section 2 provides that the Amendment Rules commence on the day after their registration on the Federal Register of Legislative Instruments.
Section 3 provides that Schedule 1 of the Amendment Rules amends the Principal Rules.
Item [1] of Schedule 1 to the Amendment Rules replaces the definition of the Act.
Items [2] and [3] of Schedule 1 to the Amendment Rules substitutes a new definition of ward that includes the new TRAWQ, Bamaga and Seisia wards in that definition.
Items [4] and [5] substitute new subrules 2(1) and 2A(3) to add the TRAWQ, Bamaga and Seisia wards as new wards.
Item [6] of Schedule 1 to the Amendment Rules substitutes new subrules 2A(3), to 2A(6). New subrule 2A(3) provides a reference to the map that will set out the location and boundaries of the newly created TRAWQ ward. New subrule 2A(4) provides a reference to the map that will set out the location and boundaries of the newly created Bamaga ward.
New subrule 2A(5) provides a reference to the map that will set out the location and boundaries of the newly created Seisia ward. New subrule 2A(6), which in effect replaces old subrule 2A(3), provides that the designated number for each of these wards is 1.
Note: Members for the newly created wards of Bamaga and Seisia will only be elected if it becomes necessary because the person elected under the Queensland Act to represent those areas is not a Torres Strait Islander or an Aboriginal person.
Consultation
The TSRA and the Electoral Commission have been consulted as required by section 143G of the Act.
Regulatory Impact Analysis
Amendments arise as a consequence of changes to Queensland legislation. No changes to substantive obligations under the Act arise.