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.
Overview
The Torres Strait Regional Authority Election Amendment Rules 2008, issued by the Minister for Families, Housing, Community Services and Indigenous Affairs, are amendments to the Torres Strait Regional Authority Election Rules under the Aboriginal and Torres Strait Islander Act 2005. These rules address the need to create three new electoral wards—TRAWQ, Bamaga, and Seisia—as a result of changes in Queensland legislation that necessitated alterations to the constitution of the Torres Strait Regional Authority (TSRA). This amendment allows for the division of the Torres Strait area into specified wards, setting out their boundaries and designated numbers. The changes are designed to ensure compliance with the TSRA's updated constitution and to facilitate the election process for the TSRA, ensuring representation is in line with the legislative requirements. The rules were developed following consultations with the TSRA and the Electoral Commission, as mandated by the Act.
Scope and Application
The Torres Strait Regional Authority Election Amendment Rules 2008, made under Section 143G of the Aboriginal and Torres Strait Islander Act 2005, pertain to the conduct of elections for the Torres Strait Regional Authority (TSRA). These rules apply to all individuals and entities involved in the election process within the specified wards of the Torres Strait area, which now include the newly created TRAWQ, Bamaga, and Seisia wards. The amendment follows a declaration made by the Minister under Section 142S of the Act, responding to changes in Queensland legislation. The Amendment Rules allow for the division of the Torres Strait into specified wards, setting out the boundaries and the designated number for each. The rules also provide for the election of members to the new wards under certain conditions, such as if the representative elected under Queensland law is not a Torres Strait Islander or an Aboriginal person. The Amendment Rules are a disallowable instrument and will commence on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Torres Strait Regional Authority Election Amendment Rules 2008, established under Section 143G of the Aboriginal and Torres Strait Islander Act 2005, lay out the new rules for conducting elections for the Torres Strait Regional Authority (TSRA) following amendments to the Queensland legislation. The rules come into effect on the day after they are registered on the Federal Register of Legislative Instruments (Section 2). They revise the definitions and boundaries of electoral wards within the Torres Strait, creating three new wards: TRAWQ, Bamaga, and Seisia. These changes are detailed in Schedule 1 of the Amendment Rules, which also adjusts the number of designated representatives for each ward to one, and specifies that maps delineating the boundaries of the new wards will be referenced in the rules.
The Amendment Rules impose several obligations on the parties involved. They require the TSRA and the Electoral Commission to be consulted as mandated by Section 143G of the Act. The TSRA and Electoral Commission must ensure that the new electoral arrangements comply with the legislative requirements and that the newly defined wards are appropriately represented in future elections. Additionally, the rules necessitate the creation of maps that clearly outline the boundaries of the newly established wards, which will be crucial for the conduct of future elections.
Failure to comply with the provisions of the Amendment Rules can result in legal consequences. While specific penalties are not outlined in the text, violations of the Act's provisions could lead to legal action under the overarching Aboriginal and Torres Strait Islander Act 2005. Such actions may result in civil or criminal penalties, although the exact nature and severity of these penalties would depend on the specifics of the breach and any relevant case law. The creation of the new wards and their boundaries is a critical administrative task that, if not properly managed, could lead to disputes or legal challenges that must be resolved within the framework of the Act.