Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 102

102. (1) A person is not qualified to stand for election, or to be elected, as
a member of a Regional Council if:

   (a)  the person is not entitled to vote at the Regional Council election;

   (b)  the person does not live in the region for which the Regional Council
        is established;

   (c)  the person is a member of the staff of, or a consultant to, the
        Commission;

   (d)  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

   (e)  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) In spite of subsection (1), a person covered by paragraph (1) (d) or (e)
is not disqualified by that paragraph from standing for election, or being
elected, as a member of a Regional Council if:

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

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

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

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