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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Aboriginal
and Torres Strait Islander Commission Amendment Bill
2002
No. ,
2002
(Immigration and Multicultural and Indigenous
Affairs)
A Bill for an Act to amend the
Aboriginal and Torres Strait Islander Commission Act 1989, and for
related purposes
Contents
Aboriginal and Torres Strait Islander Commission Act
1989 4
A Bill for an Act to amend the Aboriginal and Torres
Strait Islander Commission Act 1989, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Aboriginal and Torres Strait Islander
Commission Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Section 4 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
3. Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) The amendments made by items 1, 2, 3, 5, 6, 7, 8, 24, 25, 26, 27,
28, 29, 30, 32, 33, 34, 40 and 41 of Schedule 1 apply to all convictions of
a person during his or her current term of office, including convictions before
the commencement of Schedule 1.
(2) A request that a body corporate purported to make before the
commencement of this section under the subsection repealed by item 46 of
Schedule 1, and a decision that the Commission purported to make as a
result of such a request, are taken to be, and to have at all times been, as
valid as they would have been if the subsection substituted by that item had
been in force when the body purported to make the request or the Commission
purported to make the decision, as the case may be.
Aboriginal and Torres Strait
Islander Commission Act 1989
1 After paragraph 31(2)(a)
Insert:
(aa) has been convicted of 2 or more offences against a Commonwealth,
State or Territory law and sentenced in respect of all the offences to a single
penalty of imprisonment for one year or longer; or
2 At the end of paragraph
31(2)(b)
Add “; or”.
3 At the end of subsection
31(2)
Add:
(c) has been convicted of 2 or more offences against a Commonwealth, State
or Territory law involving dishonesty and sentenced in respect of all the
offences to a single penalty of imprisonment for 3 months or longer.
4 Paragraph 33(1)(a)
Repeal the paragraph, substitute:
(a) he or she ceases to be a Commissioner, otherwise than by the operation
of subsection (2); or
5 At the end of paragraph
40(7)(a)
Add “or”.
6 After paragraph 40(7)(a)
Insert:
(aa) is convicted of 2 or more offences against a Commonwealth, State or
Territory law and sentenced in respect of all the offences to a single penalty
of imprisonment for one year or longer; or
7 At the end of paragraph
40(7)(b)
Add “or”.
8 After paragraph 40(7)(b)
Insert:
(ba) is convicted of 2 or more offences against a Commonwealth, State or
Territory law involving dishonesty and sentenced in respect of all the offences
to a single penalty of imprisonment for 3 months or longer; or
9 After subsection 44(5)
Insert:
(5A) If the Chairperson is not a Commissioner, then he or she is not
entitled to participate in any meeting of the Commission and is treated, for the
purposes of this section, as not being present at any such meeting.
Note: Because the Chairperson is treated as not being
present, subsection (7) applies in determining who presides at the
meeting.
10 Paragraph 45(1)(d)
Repeal the paragraph.
11 Section 58
Repeal the section.
12 Section 59
Repeal the section.
13 Subsection 61(1)
Omit “estimates of the receipts and expenditure of”, substitute
“budget estimates for”.
14 Subsection 61(7) (paragraph (b) of the
definition of money of the Commission)
Omit “or” (last occurring).
15 Subsection 61(7) (paragraph (c) of the
definition of money of the Commission)
Repeal the paragraph.
16 Subsection 62(2)
Omit “detailed estimates of expenditure”, substitute
“budget estimates”.
17 Subsection 62(4)
Omit “proposed expenditure”, substitute “proposed
expenses”.
18 Subsection 62(4)
Omit “that expenditure”, substitute “those
expenses”.
19 Subsection 66(2) (paragraph (b) of the
definition of money of the Commission)
Omit “or” (last occurring).
20 Subsection 66(2) (paragraph (c) of the
definition of money of the Commission)
Repeal the paragraph.
21 Subsection 67(4)
Omit “estimates of the receipts of, and expenditure from,”,
substitute “budget estimates for”.
22 Subsection 67(5)
Omit “estimates of expenditure”, substitute “budget
estimates”.
23 Paragraph 94(1)(c)
Omit “for Commission expenditure”.
24 At the end of paragraph
102(1)(a)
Add “or”.
25 At the end of paragraph
102(1)(b)
Add “or”.
26 At the end of paragraph
102(1)(c)
Add “or”.
27 At the end of paragraph
102(1)(d)
Add “or”.
28 After paragraph
102(1)(d)
Insert:
(da) subject to subsection (2), the person has been convicted of 2 or
more offences against a Commonwealth, State or Territory law and sentenced in
respect of all the offences to a single penalty of imprisonment for one year or
longer; or
29 At the end of paragraph
102(1)(e)
Add “or”.
30 After paragraph
102(1)(e)
Insert:
(ea) subject to subsection (2), the person has been convicted of 2 or
more offences against a Commonwealth, State or Territory law involving
dishonesty and sentenced in respect of all the offences to a single penalty of
imprisonment for 3 months or longer; or
31 After subsection 102(1A)
Insert:
(1B) A person who:
(a) has ceased to be a member of a Regional Council under subsection
122(2); or
(b) has been removed from office as a Regional Councillor under subsection
122A(5) after having been suspended from office because of
misbehaviour;
is not qualified to stand for election, or to be elected, as a member for a
Regional Council ward until after the next round of elections for Regional
Councils.
32 Subsection 102(2)
Omit “paragraph (1)(d) or (e)”, substitute
“paragraph (1)(d), (da), (e) or (ea)”.
33 Paragraph 102(2)(a)
After “offence”, insert “or offences”.
34 Paragraph 102(2)(b)
After “offence”, insert “or offences”.
35 After paragraph
113(2)(c)
Insert:
(ca) nomination fees;
36 Subsection 115(1)
Before “116”, insert “115A or”.
37 After section 115
Insert:
(1) This section applies to a Regional Council if:
(a) one of its members who is a Regional Councillor for a ward is
appointed under section 27 as a member of the Commission; and
(b) there has not previously been an appointment under this section for
the Regional Council during the current term of the Regional Council.
(2) The Minister must appoint, as a member of the Regional Council, the
person ascertained by applying the same rules as would apply to filling a casual
vacancy in the ward.
(3) A person appointed as a member of a Regional Council under this
section holds office until the end of the next round of Regional Council
elections following his or her appointment.
38 Subsection 127(1A)
Repeal the subsection, substitute:
(1A) If a Commissioner is elected as Chairperson, the
Commissioner:
(a) ceases to hold office as a Commissioner; and
(b) ceases to hold office as a person elected under Division 7 to
represent a zone.
39 Subsection 127A(3)
Repeal the subsection, substitute:
(3) The Chairperson of a Regional Council holds office for the period
that:
(a) starts when he or she is elected; and
(b) ends when a Chairperson is elected at the first meeting of the
Regional Council after the end of the next election period of the Regional
Council.
40 After paragraph
127C(7)(a)
Insert:
(aa) is convicted of 2 or more offences against a Commonwealth, State or
Territory law and sentenced in respect of all the offences to a single penalty
of imprisonment for one year or longer; or
41 After paragraph
127C(7)(b)
Insert:
(ba) is convicted of 2 or more offences against a Commonwealth, State or
Territory law involving dishonesty and sentenced in respect of all the offences
to a single penalty of imprisonment for 3 months or longer; or
42 After subsection 128(5)
Insert:
(5A) If the Chairperson of a Regional Council is not a Regional
Councillor, then he or she is not entitled to be present at any meeting of the
Regional Council and is treated, for the purposes of this section, as not being
present at any such meeting.
Note: Because the Chairperson is treated as not being
present, subsection (7) applies in determining who presides at the
meeting.
43 Paragraph 141A(1)(a)
Repeal the paragraph, substitute:
(a) a Chairperson appointed by the Minister, being a person who is an
Aboriginal person or a Torres Strait Islander and who is not a Commissioner, a
member of the TSRA or a Regional Councillor;
44 Section 141B
Repeal the section.
45 Paragraph 141S(1)(a)
Repeal the paragraph, substitute:
(a) a Chairperson appointed by the Minister, being a person who is an
Aboriginal person or a Torres Strait Islander and who is not a Commissioner, a
member of the TSRA or a Regional Councillor;
46 Subsection 195(1)
Repeal the subsection, substitute:
(1) If a delegate of the Commission:
(a) refuses a housing loan under section 14 to an individual;
or
(b) refuses a loan under section 14 to an individual, a body
corporate or an unincorporated body to enable the individual or body to engage
in a business enterprise; or
(c) refuses to give a guarantee under section 15 in respect of a
housing loan made or to be made to an individual; or
(d) refuses to give a guarantee under section 15 in respect of a loan
made or to be made to an individual, a body corporate or an unincorporated body,
where the purpose of the loan is to enable the individual or body to engage in a
business enterprise;
the individual or body may, within 30 days after being notified of the
refusal or decision, request the Commission to reconsider the matter.
47 At the end of
section 195
Add:
(3) If the Commission has delegated its powers to reconsider a matter and
make a decision under subsection (2), subsection (1) does not apply to
a refusal or decision by the delegate made in the exercise of those
powers.
48 Paragraph 196(1)(aa)
Omit “to an individual to enable the individual”, substitute
“to an individual, a body corporate or an unincorporated body to enable
the individual or body”.
49 Paragraph 196(1)(b)
Omit “to an individual, where the purpose of the loan is to enable
the individual to engage in a business enterprise”, substitute “to
an individual, a body corporate or an unincorporated body, where the purpose of
the loan is to enable the individual or body to engage in a business
enterprise”.
50 Subsection 196(4) (definition of decision
made by the Commission)
Repeal the definition, substitute:
decision made by the Commission means:
(a) a decision made by the Commission itself; or
(b) a decision made by a delegate of the Commission upon a reconsideration
of a decision made by another delegate of the Commission.