EXPLANATORY STATEMENT
Issued by the Minister for Families, Community Services and Indigenous Affairs
Aboriginal and Torres Strait Islander Act 2005
Torres Strait Regional Authority Section 142S Revocation Declaration 2012
The Torres Strait Regional Authority Section 142S Declaration 2008 (the current Declaration) was made under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005 (the Act).
Subsection 142S(1) of the Act provides that the Minister may, by legislative instrument, make provision for and in relation to how the Torres Strait Regional Authority (TSRA) is to be constituted.
The Minister, under the current Declaration, declared that the TSRA would be best able to represent the Torres Strait Islanders and Aboriginal persons living in the Torres Strait area if it consisted of or included persons elected to represent communities in that area under Queensland local government legislation.
Amendments to the Act which took effect on 5 November 2011 removed the connection between Queensland local government legislation and the appointment of members of the TSRA with the intention that from the forthcoming TSRA election, all TSRA members would be directly elected under the Torres Strait Regional Authority Election Rules 1996 (the Election Rules). All matters dealt with in the current Declaration are provided for under the Act or would be provided for under complimentary amendments to the Election Rules by the Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1). The current Declaration is therefore redundant and should be revoked.
Notes on provisions
Section 1 - specifies the name of the Declaration.
Section 2 - provides that the Declaration commences on the day after registration on the Federal Register of Legislative Instruments.
Section 3 - provides for the revocation of the current Declaration. At the end of the following day the Declaration expires as its work in revoking the current Declaration is done.
Consultation
The TSRA was consulted about this Declaration given the Declaration’s relevance to the constitution of the TSRA. The Australian Electoral Commission was also consulted about this Declaration given its responsibility for conducting elections under the Election Rules.
Human Rights Compatibility
A Statement of Compatibility with Human Rights is attached.
The Declaration is a legislative instrument, subject to disallowance.
Overview
The Torres Strait Regional Authority Section 142S Revocation Declaration 2012 was enacted to address the redundancy of the existing Torres Strait Regional Authority Section 142S Declaration 2008, made under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005. This Act, introduced by the Australian Parliament, aims to provide for and in relation to the constitution of the Torres Strait Regional Authority (TSRA). The 2012 Declaration seeks to revoke the 2008 Declaration, which had previously linked the TSRA's membership to Queensland local government legislation. Amendments to the Act, which came into effect on 5 November 2011, severed this connection, intending that future TSRA members would be directly elected under the Torres Strait Regional Authority Election Rules 1996. Consequently, the 2008 Declaration is no longer relevant, necessitating its revocation. The Declaration was issued by the Minister for Families, Community Services and Indigenous Affairs, and consultations were conducted with the TSRA and the Australian Electoral Commission regarding its implications and the process of revoking the existing declaration.
Scope and Application
The Torres Strait Regional Authority Section 142S Revocation Declaration 2012 applies to the Torres Strait Regional Authority (TSRA) under the Aboriginal and Torres Strait Islander Act 2005, focusing on the constitutional framework of the TSRA. This instrument revokes the Torres Strait Regional Authority Section 142S Declaration 2008, which previously outlined the composition of the TSRA in alignment with Queensland local government legislation. The 2012 Declaration responds to amendments in the Act, which from 5 November 2011, disassociated the TSRA's member appointments from Queensland local government legislation. Instead, it mandates that all TSRA members are to be directly elected under the Torres Strait Regional Authority Election Rules 1996, as amended by the Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1). The Declaration is geographically applicable to the Torres Strait area, influencing the governance and representation of Aboriginal and Torres Strait Islander communities within this region. The Declaration itself is a legislative instrument and subject to disallowance, providing for its commencement on the day following registration on the Federal Register of Legislative Instruments and expiring the day after, once its revocation function is completed.
Key Provisions
The Torres Strait Regional Authority Section 142S Revocation Declaration 2012 (section 1) specifies the name of the Declaration and provides for its commencement (section 2), which occurs on the day after registration on the Federal Register of Legislative Instruments. The key provision of this Declaration is the revocation of the Torres Strait Regional Authority Section 142S Declaration 2008 (section 3), which was made under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005 (the Act). This revocation takes effect the day after the Declaration is registered, thereby rendering the previous Declaration obsolete (section 3).
In line with the legislative amendments that took effect on 5 November 2011, the Act now requires that all members of the Torres Strait Regional Authority (TSRA) be directly elected under the Torres Strait Regional Authority Election Rules 1996 (the Election Rules), rather than being elected to represent communities in the Torres Strait area under Queensland local government legislation. The Declaration ensures that all matters previously dealt with in the current Declaration are now provided for under the Act or the Election Rules, or would be provided for under complimentary amendments to the Election Rules by the Torres Strait Regional Authority Election Amendment Rule 2012 (No. 1).
The Declaration imposes obligations on the TSRA to ensure that future elections are conducted in accordance with the new provisions. It also requires the Australian Electoral Commission, which is responsible for conducting elections under the Election Rules, to comply with the new election processes. Both the TSRA and the Australian Electoral Commission were consulted about this Declaration due to its relevance to the constitution of the TSRA and the conduct of elections under the Election Rules.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Declaration itself for breach of its provisions. However, any breach of the Act or the Election Rules, which the Declaration facilitates, could result in legal consequences as per the respective provisions of the Act and the Election Rules. The maximum penalties for such breaches would depend on the specific nature of the offence and the relevant provisions of the Act or the Election Rules.