Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 4

4. (1) In this Act, unless the contrary intention appears:

"Aboriginal or Torres Strait Islander corporation" means:

   (a)  a body corporate:

        (i)    in respect of which a declaration has been made under
               subsection  89 (2) or section 205; or

        (ii)   that was, immediately before the commencement of Part 6, an
               Aboriginal corporation within the meaning of the
               Aboriginal Development  Commission Act 1980 ;
other than a body corporate in relation to which, since the making of the
declaration or the commencement of that Part, a declaration has been made
under subsection 89 (3);

   (b)  an Aboriginal Council established by Part III of the Aboriginal 
        Councils and Associations Act 1976 ; or

   (c)  an Aboriginal association incorporated under Part IV of the
        Aboriginal Councils and Associations Act 1976;
but does not include a Regional Council;

"Aboriginal person" means a person of the Aboriginal race of Australia;

"Advisory Board" means the Torres Strait Islander Advisory Board established
by section 82;

"approved bank" means:

   (a)  a trading bank as defined in subsection 5 (1) of the Banking Act  1959
        ; or

   (b)  a bank in respect of which an approval is in force under section  193
        ;

"approved Regional Council estimates" means Regional Council estimates
approved by the Minister for the purpose of section 61;

"Chief Executive Officer" means the Chief Executive Officer of the Commission
referred to in section 46;

"Commission" means the Aboriginal and Torres Strait Islander Commission
established by section 6;

"Commission Chairperson" means the Chairperson of the Commission appointed
under section 27;

"Commissioner" means a member of the Commission;

"Commonwealth body" includes a Department of State, or authority, of the
Commonwealth;

"Commonwealth Electoral Roll" means the Rolls kept under the Commonwealth 
Electoral Act 1918 ;

"Corporation" means the Aboriginal and Torres Strait Islander Commercial
Development Corporation established by section 145;

"Corporation Board" means the Board of Directors of the Corporation referred
to in section 155;

"Corporation Chairperson" means the Chairperson of the Corporation Board
referred to in section 155;

"Director" means a member of the Corporation Board;

"elected Commissioner" means a member of the Commission referred to in
subsection 27 (3);

"election period", in relation to a round of Regional Council elections, means
the period:

   (a)  starting on the day when the Minister fixes a day or days for the
        polling in accordance with subsection 104 (2); and

   (b)  ending on the last day on which a poll is declared in relation to an
        election in that round of Regional Council elections;

"electorate notice" means:

   (a)  a notice under subsection 91 (1); or

   (b)  a notice under subsection 106 (3);

"electorate number", in relation to a region, means the number of potential
voters set out, in relation to the region, in the most recent electorate
notice that includes such a number in relation to the region;

"estimated population", in relation to a region, means the number of persons
living in the region set out, in relation to the region, in the most recent
electorate notice that includes such a number in relation to the region;

"Executive Committee", in relation to a Regional Council, means the
Executive Committee of the Regional Council referred to in subsection 127 (2);

"General Manager" means the General Manager of the Corporation referred to in
section 168;

"Housing Fund" means the Housing Fund established by section 67;

"Land Fund" means the Regional Land Fund established by section 68;

"Ministerial Finance Direction" means a direction given to the Commission by
the Minister under section 74;

"non-elected Commissioner" means the Commission Chairperson or a Commissioner
chosen by the Minister under subsection 27 (2);

"Office" means the Office of Torres Strait Islander Affairs established by
section 80;

"prescribed number" means:

   (a)  in relation to the Torres Strait Regional Council-20; and

   (b)  in relation to any other Regional Council-the number determined by
        reference to the estimated population of the region concerned in
        accordance with the following table:
    Estimated population                            Prescribed

    of region                                       number

    less than 1,000                                 10

    1,000-1,999                                     11

    2,000-2,999                                     12

    3,000-3,999                                     13

    4,000-4,999                                     14

    5,000-5,999                                     15

    6,000-6,999                                     16

    7,000-7,999                                     17

    8,000-8,999                                     18

    9,000-9,999                                     19

    10,000 or more                                  20


"region" means a region referred to in subsection 91 (1);

"Regional Council" means a Regional Council established by section 92;

"Regional Council election" means an election for members of a Regional
Council conducted under Division 4 of Part 3;

"Regional Council election rules" means rules made by the Minister under
section 113;

"Regional Council election year" means a calendar year in which section 104
requires Regional Council elections to be held;

"Regional Council estimates", in relation to a Regional Council, means the
detailed estimates of expenditure for the region concerned that are required
by subsection 62 (2) to be shown in estimates prepared under section 61;

"regional statement" means a statement prepared by the Commission under
subsection 63 (1);

"spouse", in relation to a person, includes a person who, although not legally
married to the first-mentioned person, is living with that person as that
person's spouse on a permanent and bona fide domestic basis;

"State body" includes a Department of State, or authority, of a State;

"Territory body" includes a Department of State, or authority, of a Territory;

"Torres Strait Islander" means a descendant of an indigenous inhabitant of the
Torres Strait Islands;

"Torres Strait region" means the region that includes Thursday Island;

"zone" means a zone referred to in subsection 130 (1);

"zone election" means an election of a person to be appointed as a
Commissioner to represent a zone;

"zone election rules" means rules made by the Minister under section 138.

(2) The question whether a company is a subsidiary of the Commission or of the
Corporation shall be determined in the same manner as the question whether a
corporation is a subsidiary of another corporation is determined for the
purposes of the Companies Act 1981.