ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989

Commonwealth Numbered Acts

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ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989

TABLE OF PROVISIONS

Long Title

1. Short title
2. Commencement
3. Objects
4. Interpretation
5. Act binds the Crown
6. Aboriginal and Torres Strait Islander Commission
7. Functions of Commission
8. Prime Minister may confer functions on Commission
9. Minister may approve performance of functions under State or Territory laws
10. Powers of Commission
11. Corporate plan
12. Directions by Minister
13. Advisory committees
14. Grants of interests in property
15. Grants for acquisition of property
16. Housing loans and grants
17. Enterprise loans and grants
18. Loans or grants for specific purposes
19. Guarantees
20. Grants and loans to be repayable where conditions breached etc.
21. Restriction on right to dispose of property
22. Loans, grants or guarantees not to be made without written application
23. Loans, grants, acquisitions and guarantees not to be approved without written assessment
24. Loan, grant, acquisition and guarantee documents to show legislative authority etc.
25. Guidelines
26. Review of operation of Act
27. Constitution of Commission
28. Constitution of first Commission
29. Validation of appointments
30. Basis of holding office
31. Qualifications for appointment as Commissioner
32. Deputy Chairperson of Commission
33. Period of appointment
34. Remuneration and allowances
35. Leave of absence
36. Acting appointments
37. Disclosure of interests at meetings
38. Disclosure of interests
39. Resignation
40. Termination of appointment
41. Recall of Commissioner
42. Commissioners not personally liable
43. Other terms and conditions
44. Meetings of Commission
45. Delegation to Chief Executive Officer or staff member
46. Chief Executive Officer
47. Period of appointment
48. Remuneration and allowances
49. Leave of absence
50. Acting Chief Executive Officer
51. Disclosure of interests
52. Resignation
53. Termination of appointment
54. Other terms and conditions
55. Staff
56. Consultants
57. Money payable to Commission
58. Money appropriated to Commission for purposes of other bodies
59. Estimates before Regional Councils elected
60. Estimating procedures after Regional Councils elected
61. Estimates
62. Form of estimates
63. Commission to prepare draft budget
64. Commission to give draft budgets to Minister
65. Council draft budgets
66. Application of money held by Commission
67. Housing Fund
68. Regional Land Fund
69. Borrowing on overdraft to meet temporary deficit
70. Limits on Commission's powers
71. Exemption from taxation
72. Annual report and financial statements
73. Application of Audit Act
74. Ministerial Finance Directions
75. Office of Evaluation and Audit
76. Functions of Office
77. Director of Evaluation and Audit
78. Desirability of regular evaluations etc.
79. Minister to consult with Torres Strait representatives before approving estimates
80. Office of Torres Strait Islander Affairs
81. Functions of Office
82. Torres Strait Islander Advisory Board
83. Function of Advisory Board
84. Constitution of Advisory Board
85. Remuneration and allowances
86. Other terms and conditions
87. Meetings of Advisory Board
88. Review of operation of Act
89. Aboriginal or Torres Strait Islander corporations
90. Secrecy
91. Regions
92. Regional Councils
93. Names of Regional Councils
94. Functions of Regional Councils
95. Powers of Regional Councils
96. Advisory committees
97. Regional Councils to prepare draft budgets
98. Regional Councils to advise Commission
99. Annual report
100. Regional Council elections
101. Persons entitled to vote at Regional Council elections
102. Persons qualified to be elected to Regional Councils
103. Errors in Commonwealth Electoral Roll not to affect entitlements
104. Timing of Regional Council elections
105. Polling places
106. Fixing of election days, and location of polling places, to be notified in Gazette
107. Effect of nominations
108. Voting not compulsory
109. Voting to be by secret ballot
110. Voting
111. Counting of votes and election of candidates
112. General obligation to inform voters about elections
113. Rules for conduct of elections
114. Authorised electoral officer
115. Constitution of Regional Councils
116. Torres Strait Regional Council
117. Term of office of members of Regional Council
118. Remuneration and allowances
119. Disclosure of interests
120. Resignation
121. Persons taken to have resigned from Regional Councils in certain circumstances
122. Persons cease to be members of Regional Councils in certain circumstances
123. Removal of Regional Council
124. Powers of Administrator
125. Members of Regional Councils, and Administrators, not personally liable
126. Other terms and conditions
127. Chairperson and Executive Committee
128. Meetings of Regional Councils
129. Commission officers may be required to attend Regional Council meetings
130. Zones
131. Election of zone representatives
132. Zone elections
133. Timing of zone elections
134. Effect of nominations
135. Voting to be by secret ballot
136. Voting
137. Counting of votes and election of candidates
138. Rules for conduct of elections
139. Authorised electoral officer
140. Disputed elections
141. Review Panels
142. When Review Panel to be convened
143. Conduct of review etc.
144. When Review Panel to report
145. Aboriginal and Torres Strait Islander Commercial Development Corporation
146. Purposes of Corporation
147. Functions of Corporation
148. Performance of functions
149. Corporate plan
150. Consideration of corporate plan by Minister
151. Powers of Minister
152. Powers of Corporation
153. Guarantees
154. Minister or Commission may ask for information
155. Board of Directors of Corporation
156. Responsibilities of Corporation Board
157. Appointment of Directors
158. Selection of Directors
159. Period of appointment
160. Remuneration and allowances
161. Leave of absence
162. Acting appointments
163. Disclosure of interests
164. Resignation
165. Termination of appointment
166. Other terms and conditions
167. Meetings of Corporation Board
168. General Manager
169. Term of appointment
170. Holding of office
171. Remuneration and allowances
172. Acting General Manager
173. Resignation
174. Other terms and conditions
175. Staff
176. Arrangements for Commission staff to perform duties on behalf of Corporation
177. Arrangements relating to staff
178. Consultants
179. Capital of the Corporation
180. Bank accounts
181. Application of money held by Corporation
182. Restriction on Corporation spending
183. Borrowing for temporary purposes
184. Limit on Corporation's powers
185. Giving of security over assets
186. Net profit of Corporation
187. Powers of companies in which Corporation has an interest
188. Exemption from taxation
189. Application of Division 2 of Part XI of Audit Act
190. Delegation to General Manager or member of staff
191. Secrecy
192. Telephone access to ATSIC offices
193. Approval of banks
194. Remuneration and allowances
195. Review by Commission of delegates' decisions
196. Review by Administrative Appeals Tribunal
197. Offences-guarantees, grants and loans
198. Offences-elections
199. Conduct of directors, servants and agents
200. Staff of Aboriginal Hostels Limited to be public servants
201. Regulations
202. Interpretation
203. Repeals
204. Quorum until all Commissioners appointed
205. New Commission shall declare certain bodies to be Aboriginal or Torres Strait Islander corporations
206. Transfer of assets and liabilities of old Department
207. Transfer of assets and liabilities of old Commission
208. Capital Fund of old Commission transferred to Corporation
209. Minister may declare specified liabilities transferred to Commonwealth instead of new Commission
210. Minister may direct transfer of money etc. from new Commission to Corporation
211. Old Commission instruments
212. Pending proceedings
213. Final report and financial statement for old Department
214. Final report and financial statements for old Commission
215. Certificates relating to assets, liabilities and instruments
216. Exemption from taxation
217. Ombudsman investigations
218. Transfer of appropriated money
219. Transfer of staff to Australian Public Service
220. Operation of Superannuation Benefit (Interim Arrangement) Act
221. Contracts of employment not preserved
222. State or Territory officer may act on certificate
223. Aboriginal and Torres Strait Islander Heritage Protection Act
224. Aboriginal Councils and Associations Act
225. Aboriginal Land Grant (Jervis Bay Territory) Act
226. Aboriginal Land (Lake Condah and Framlingham Forest) Act
227. Aboriginal Land Rights (Northern Territory) Act
228. Administrative Decisions (Judicial Review) Act
229. Freedom of Information Act
230. Public Service Act
231. Remuneration Tribunal Act
232. Sales Tax (Exemptions and Classifications) Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4

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