Commonwealth Numbered Acts Commonwealth Numbered ActsAboriginal and Torres Strait Islander Act 2005
1 Part 3
Repeal the Part.
Aboriginal and Torres Strait Islander Act 2005
2 Subsection 4(1) (definition of Administrator )
Repeal the definition.
3 Subsection 4(1) (paragraph (a) of the definition of designated number )
Repeal the paragraph.
4 Subsection 4(1) (definition of election period , in relation to a round of Regional Council elections)
Repeal the definition.
5 Subsection 4(1) (definition of electorate notice )
Repeal the definition.
6 Subsection 4(1) (definition of electorate number )
Repeal the definition.
7 Subsection 4(1) (definition of estimated population , in relation to a region)
Repeal the definition.
8 Subsection 4(1) (definition of member for a Regional Council ward )
Repeal the definition.
9 Subsection 4(1) (definition of prescribed number )
Repeal the definition.
10 Subsection 4(1) (definition of region )
Repeal the definition.
11 Subsection 4(1) (definition of Regional Council )
Repeal the definition.
12 Subsection 4(1) (definition of Regional Council election )
Repeal the definition.
13 Subsection 4(1) (definition of Regional Council election rules )
Repeal the definition.
14 Subsection 4(1) (definition of Regional Council election year )
Repeal the definition.
15 Subsection 4(1) (definition of Regional Council ward )
Repeal the definition.
16 Subsection 4(1) (definition of Regional Council ward election )
Repeal the definition.
17 Subsection 4(1) (definition of Regional Councillor )
Repeal the definition.
18 Subsection 4(1) (definition of Torres Strait area )
Repeal the definition, substitute:
19 Subsection 4(1) (paragraph (a) of the definition of ward )
Repeal the paragraph.
20 At the end of section 4
Add:
21 At the end of Division 5 of Part 3A
Add:
143I Disputed elections
22 Section 196
Repeal the section.
23 Subsection 200A(1)
Repeal the subsection, substitute:
(a) has been, at any time:
(i) a member of the Aboriginal and Torres Strait Islander Commission (the
former Commission ) before the abolition of Commission on ATSIC
abolition day; or
(ii) a member of a committee that was established by the former Commission
to advise it in relation to the performance of its functions; or
(iii) the Chief Executive Officer of the former Commission; or
(iv) a member of the staff of the former Commission; or
(v) engaged as a consultant by the former Commission; or
(vi) a member of the body known as the Torres Strait Islander Advisory
Board; or
(vii) a member of a Regional Council before the abolition of Regional
Councils on Regional Councils abolition day; or
(viii) a member of an advisory committee established by such a Regional
Council to advise it in relation to the performance of its functions;
or
(ix) an Administrator of such a Regional Council; or
(b) is or has been:
(i) a member of the TSRA; or
(ii) a member of an advisory committee established under section 142M;
or
(iii) the TSRA General Manager; or
(iv) a member of the staff of the TSRA; or
(v) engaged as a consultant under section 144T; or
(vi) a TSRA Administrator; or
(c) has been, before ATSIC abolition day, a Director of Evaluation and
Audit.
24 Paragraphs 200B(2)(a) and (b)
Repeal the paragraphs.
25 Paragraph 201(2)(b)
Omit "127, 127J,".
26 Schedule 2 (heading)
Repeal the heading, substitute:
Schedule 2—Method of counting votes and determining successful candidates at elections for 2 or more members for a TSRA ward
27 Clause 1 of Schedule 2
Omit "Regional Council ward election or".
28 Clause 24 of Schedule 2 (definition of leading shortfall )
Omit "Regional Council ward election or".
29 Clause 24 of Schedule 2 (definition of shortfall )
Omit "Regional Council ward election or".
30 Clause 24 of Schedule 2 (definition of vacancy shortfall )
Omit "Regional Council ward election or".
31 Schedule 2A (heading)
Repeal the heading, substitute:
Schedule 2A—Method of determining the successful candidate at an election for a single member for a TSRA ward
32 Subclause 3(4) of Schedule 2A
Omit "113 or 143G, the rules made by the Minister under either of those sections", substitute "143G, the rules made by the Minister under that section".
33 Subclause 1(1) of Schedule 4 (definition of election )
Omit "a Regional Council election or".
34 Subclause 1(1) of Schedule 4 (definition of illegal practice )
Omit ", the Regional Council election rules".
35 Subclause 1(2) of Schedule 4
Omit ", the Regional Council election rules".
36 Subclause 3A(3) of Schedule 4 (paragraph (a) of the definition of general election )
Repeal the paragraph.
37 Paragraph 15(a) of Schedule 4
Omit ", the Regional Council election rules".
38 Paragraph 15(b) of Schedule 4
Omit ", and whichever of the Regional Council election rules and the TSRA election rules is applicable", substitute "and the TSRA election rules".
39 Paragraphs 17(1)(a) and (b) of Schedule 4
Repeal the paragraphs.
40 Paragraphs 21(1)(b) and (c) of Schedule 4
Repeal the paragraphs.
41 Paragraph 22(c) of Schedule 4
Repeal the paragraph.
Note: The heading to clause 22 of Schedule 4 is altered by omitting ", TSRA and Regional Council affected" and substituting "and TSRA".
42 Subclause 27(3) of Schedule 4
Repeal the subclause.
43 Subclause 28(1) of Schedule 4
Omit ", the Regional Council election rules".
Aboriginal Councils and Associations Act 1976
44 Paragraph 5(1)(c)
Omit "Council; and", substitute "Council.".
45 Paragraph 5(1)(d)
Repeal the paragraph.
46 Subsection 5(1A)
Repeal the subsection.
47 Transitional arrangement definitions
In this Part, unless the contrary
intention appears:
"assets" means property of every kind and, without
limiting the generality of the foregoing, includes:
(a) choses in action; and
(b) rights, interests and claims of every kind in or to property, whether
arising under an instrument or otherwise, and whether liquidated or
unliquidated, certain or contingent, accrued or accruing.
ATSIC
abolition day means the day Schedules 1 and 2 to this Act
commence.
"authorised officer" means the Minister, the Secretary of
the Department or any other person authorised by the Minister for the
purposes of this Part.
"liabilities" means liabilities of every kind
and, without limiting the generality of the foregoing, includes
obligations of every kind, whether arising under an instrument or
otherwise, and whether liquidated or unliquidated, certain or
contingent, accrued or accruing.
"Regional Council "means a Regional
Council that was established under section 92 of the
Aboriginal and Torres Strait Islander Act 2005 and was in existence
immediately before Regional Councils abolition day.
"Regional Council
instrument" means an instrument subsisting immediately before Regional
Councils abolition day:
(a) to which a Regional Council was a party;
or
(b) that was given to, or in favour of, a Regional Council; or
(c) in which a reference is made to a Regional Council; or
(d) under which money is, or may become, payable to a Regional Council; or
(e) under which any other property is to be, or may become liable to be,
transferred to or by a Regional Council.
Regional Councils abolition
day means the day Schedule 3 to this Act commences.
"Secretary"
means the Secretary of the Department.
48 Transfer of assets and liabilities of Regional Councils
On Regional Councils abolition day:
(a) any assets that, immediately before that day, were vested in a
Regional Council are, by force of this item, vested in the
Commonwealth; and
(b) the Commonwealth becomes, by force of this item, liable to pay and
discharge liabilities or other obligations of a Regional Council that
existed immediately before that day.
49 Regional Council instruments
A Regional Council instrument in force under the Aboriginal and Torres Strait Islander Act 2005 immediately before Regional Councils abolition day has effect, on and after that day, in relation to everything occurring on or after that day, as if a reference in the instrument to a Regional Council were a reference to the Commonwealth.
50 Pending proceedings
If, immediately before Regional Councils abolition day, proceedings to which a Regional Council was a party were pending in any court or tribunal, the Commonwealth is, with effect from that day, substituted for the Regional Council as a party to the proceedings and has the same rights in the proceedings as the Regional Council had.
51 Certificates relating to assets, liabilities and instruments
(1) An authorised officer may certify, in writing, that:
(a) an asset or liability
specified or described in the certificate became, because of
item 48, an asset or liability of the Commonwealth; or
(b) an instrument specified or described in the certificate is a Regional
Council instrument.
(2) A certificate under subitem (1) is, in
all courts and for all purposes, prima facie evidence of the matter
stated in the certificate.
(3) If a document purports to be a
certificate under subitem (1) signed by a person purporting to be
an authorised officer, judicial notice must be taken of the signature
of the person and of the fact that the person is or was an authorised
officer.
52 Exemption from taxation
(1) Any transfer or other dealing under this Part, and any instrument facilitating or evidencing such a transfer or other dealing, is not subject to stamp duty or other tax under a law of the Commonwealth or of a State or Territory if an authorised officer certifies, in writing:
(a) that the transfer
or dealing is a transfer or dealing for a purpose connected with, or
arising out of, the operation of this Part; or
(b) that the instrument facilitating or evidencing a transfer or dealing
is an instrument made or given because of, or for a purpose connected
with, or arising out of, the operation of this Part.
(2) A certificate given by an authorised officer under subitem (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .
53 Saving provision—Rights of review of certain decisions made before Regional Councils abolition day
Despite the repeal of section 196 of the Aboriginal and Torres Strait Islander Act 2005 by this Schedule, that section as in force immediately before Regional Councils abolition day is to be treated as continuing in force, on and after that day, for the purpose of enabling persons or bodies to seek review of decisions referred to in that section that were made on or after ATSIC abolition day and before Regional Councils abolition day, as if that section had not been repealed.