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ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 142A

Functions of TSRA

Functions

  (1)   The TSRA has the following functions:

  (a)   to recognise and maintain the special and unique Ailan Kastom of Torres Strait Islanders living in the Torres Strait area;

  (b)   to formulate and implement programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

  (c)   to monitor the effectiveness of programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area, including programs conducted by other bodies;

  (d)   to develop policy proposals to meet national, State and regional needs and priorities of Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

  (e)   to assist, advise and co - operate with Torres Strait Islander and Aboriginal communities, organisations and individuals at national, State, Territory and regional levels;

  (f)   to advise the Minister on:

  (i)   matters relating to Torres Strait Islander affairs, and Aboriginal affairs, in the Torres Strait area, including the administration of legislation;

  (ii)   the co - ordination of the activities of other Commonwealth bodies that affect Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area;

  (g)   when requested by the Minister, to provide information or advice to the Minister on any matter specified by the Minister;

  (h)   to take such reasonable action as it considers necessary to protect Torres Strait Islander and Aboriginal cultural material and information relating to the Torres Strait area if the material or information is considered sacred or otherwise significant by Torres Strait Islanders or Aboriginal persons;

  (i)   at the request of, or with the agreement of, the Australian Bureau of Statistics but not otherwise, to collect and publish statistical information relating to Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area;

  (j)   such other functions as are conferred on the TSRA by this Act or any other Act;

  (k)   such other functions as are expressly conferred on the TSRA by a law of a State or of an internal Territory and in respect of which there is in force written approval by the Minister under section   142B;

  (l)   to undertake such research as is necessary to enable the TSRA to perform any of its other functions;

  (m)   to do anything else that is incidental or conducive to the performance of any of the preceding functions.

TSRA not to disregard Aboriginal tradition and custom

  (2)   The express mention in paragraph   ( 1)(a) of the Ailan Kastom of Torres Strait Islanders living in the Torres Strait area does not imply that the TSRA may disregard Aboriginal tradition and custom.

Minister may require information about expenditure

  (3)   The information that may be required by the Minister under paragraph   ( 1)(g) includes, but is not limited to, information about the TSRA's expenditure.

Minister must not specify content of information

  (4)   When requesting information under paragraph   ( 1)(g), the Minister must not specify the content of the information that is to be provided.

TSRA must not disclose certain material or information

  (5)   In performing its function under paragraph   ( 1)(h), the TSRA must ensure that the material or information covered by that paragraph is not disclosed by the TSRA if that disclosure would be inconsistent with the views or sensitivities of relevant Torres Strait Islanders or Aboriginal persons.

TSRA must ensure that privacy is not infringed

  (6)   In performing its function under paragraph   ( 1)(i), the TSRA must ensure that the collection and publication of statistical information covered by that paragraph does not infringe the privacy of any individual.

Limitations on TSRA's function to acquire land

  (7)   This Act does not confer on the TSRA a function of acquiring land except:

  (a)   for its administrative purposes; or

  (b)   for the purpose of the performance of functions expressly conferred on it by this Act.


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