Federal Register of Legislation - Australian Government

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Declarations/Other as made
This Declaration provides that the Minister may declare that the Minister is satisfied that the Torres Strait Regional Authority would best be 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 particular communities under the Queensland Act.
Administered by: Families, Housing, Community Services and Indigenous Affairs
Made 01 Feb 2008
Registered 11 Feb 2008
Tabled HR 14 Feb 2008
Tabled Senate 14 Feb 2008
Date of repeal 07 Jun 2012
Repealed by Torres Strait Regional Authority Section 142S Revocation Declaration 2012
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
23-Jun-2008
Expiry Date:
22-Sep-2008
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
01-Sep-2008
Resolution Time:
Provisions:

Torres Strait Regional Authority Section 142S Declaration 2008

 

 

I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Declaration under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005.

 

 

Dated                    1 February                          2008

 

 

 

                   J. Macklin

 

 

Minister for Families, Housing, Community Services and Indigenous Affairs

 


1              Name of Declaration

                This Declaration is the Torres Strait Regional Authority Section 142S Declaration 2008.

2              Commencement

                This Declaration commence on the day after it is registered.

3              Definitions

         (1)   In this Declaration:

Act means the Aboriginal and Torres Strait Islander Act 2005.

Chairperson means the Chairperson of the Torres Strait Regional Authority.

Election Rules means the Torres Strait Regional Authority Election Rules 1996 made under section 143G of the Act.

Local Government Act means the Local Government Act 1993 of the State of Queensland and includes any regulations made under the relevant provisions of that Act.

         (2)   In this Declaration, a word or phrase defined in the Election Rules has the same meaning as in those Rules.

4              Declaration

                I am satisfied that the Torres Strait Regional Authority would best be 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 the Local Government Act 1993 of the State of Queensland as amended and in force from time to time.

5              Revocation and savings

         (1)   The Notice under section 142S dated 25 February 2003 notified in Special Gazette No. S 60 on 28 February 2003 is revoked.

         (2)   To ensure the continuing operation of the Torres Strait Regional Authority, the members of the Torres Strait Regional Authority constituted under the Notice continue in office, and the Notice continues in effect for the term of office of those members, until the final declaration of the election of all 20 members of the TSRA under this Declaration.

6              Constitution of the Torres Strait Regional Authority

         (1)   The Torres Strait Regional Authority consists of the following persons:

                (a)    the 15 councillors elected to the Torres Strait Island Regional Council (but not the Mayor) under the Local Government Act;

               (b)    2 councillors elected to the Northern Peninsula Area Regional Council, being 1 councillor each from Bamaga and Seisia Council areas under the Local Government Act;

                (c)    1 Torres Strait Islander or Aboriginal person elected by the Torres Strait Islanders and Aboriginal persons resident in the TRAWQ ward;

               (d)    1 Torres Strait Islander or Aboriginal person elected by the Torres Strait Islanders and Aboriginal persons resident in the Port Kennedy ward;

                (e)    1 Torres Strait Islander or Aboriginal person elected by the Torres Strait Islanders and Aboriginal persons resident in the Horn/Prince of Wales Islands ward.

         (2)   However, an election must be held under the Act as soon as reasonably practicable:

                (a)    if a person who is not a Torres Strait Islander or an Aboriginal person is elected to, under paragraph (1)(b):

                          (i)    the Bamaga Council area; or

                         (ii)    the Seisia Council area; and

               (b)    as if the Bamaga Council area or the Seisia Council area was a ward for the purposes of this Declaration and the Election Rules.

7              Method and timing of election of members of the Torres Strait Regional Authority

         (1)   The members of the Torres Strait Regional Authority mentioned in paragraphs 4(1)(c), (d) and (e) must be elected at Torres Strait Regional Authority elections.

         (2)   A Torres Strait Regional Authority election must be held as soon a practicable after a quadrennial election held under the Local Government Act.

         (3)   The Minister must, by written notice, fix a day for the polling in each Torres Strait Regional Authority election.

         (4)   Section 143 of the Act applies as if a reference in that section to the notice under subsection 142Y(2) were a reference to the notice under subsection (3).

         (5)   The election of persons under subsection (1) must be held in accordance with the Election Rules as in force immediately before a notice is given under subsection (3).

         (6)   This section displaces section 142Y of the Act.

8              Terms of office of members of the Torres Strait Regional Authority

         (1)   The term of office of a member of the Torres Strait Regional Authority mentioned in paragraph 6(1)(a) or (b) is the term of office of the member for the Local Government Act.

         (2)   A member of the Torres Strait Regional Authority mentioned in paragraph 6(1)(c), (d) or (e) or subsection 6(2) or holds office in accordance with section 142W of the Act.

         (3)   If a casual vacancy occurs in the office of a member mentioned in paragraph 6(1)(c), (d) or (e) or subsection 6(2), the vacancy must be filled, for the remainder of the term of the office, by a recount in accordance with the Torres Strait Regional Authority (Casual Vacancies) Rules 1998.