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ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 142V

People qualified to be elected to the TSRA

  (1)   A person is not qualified to stand for election, or to be elected, as a member of the TSRA for a ward if:

  (a)   the person is not entitled to vote at the TSRA ward election concerned; or

  (b)   the person is a member of the staff of, or a consultant to, the TSRA; or

  (c)   the person is bankrupt; or

  (d)   there is in operation a personal insolvency agreement with the person's creditors under the law relating to bankruptcy; or

  (e)   subject to subsection   ( 2), the person has been convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or

  (f)   subject to subsection   ( 2), the person has been convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer.

  (2)   Despite subsection   ( 1), a person covered by paragraph   ( 1)(e) or (f) is not disqualified by that paragraph from standing for election, or being elected, as a member of the TSRA if:

  (a)   if the person was never actually imprisoned for the offence--at least 2 years have passed since the person was convicted; or

  (b)   if the person served a term of imprisonment for the offence--at least 2 years have passed since the person was released from prison; or

  (c)   in any case--the Federal Court of Australia, on application by the person, declares that despite the person's conviction, he or she ought not to be disqualified from standing for election, or being elected, as a member of the TSRA.

  (3)   The Federal Court of Australia has jurisdiction with respect to matters arising under subsection   ( 2).


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