Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVECOMMITTEES) REGULATIONS (AMENDMENT) 1992 NO. 393

STATUTORY RULES 1992 No. 393

Issued by the Authority of the Minister of State for Aboriginal and Torres Strait Islander Affairs

Aboriginal and Torres Strait Islander Commission Act 1989

Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations (Amendment)

These Regulations were made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act).

Section 127 of the Act requires a Regional Council to annually elect from among its members an Executive Committee comprising of a Chairperson and 4 other persons. The section further provides that elections for this purpose shall be conducted in accordance with regulations.

Section 201 of the Act empowers the Governor-General to make regulations required or permitted by the Act to be prescribed.

The Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations prescribe procedures for the conduct of elections under s 127 of the Act.

Sub-regulation 18(1) gives the Regional Manager an untrammelled discretion to conduct a recount of the ballot-papers at any time before the declaration of the poll in respect of the. election of a Chairperson. Sub-regulation 30(1) contains similar provisions in respect of the election of an executive committer, member. Sub-regulations 18(1A) and 30(1A) require the Regional Manager to conduct a recount of the relevant ballot-papers at any time before a declaration of the relevant poll at the request of a candidate.

The attached Statutory Rules amend the Regulations by deleting subregulations 18(1) and 30(1) thereby removing the Regional Manager's discretion to conduct a recount.

The Statutory Rules took effect from the date of notification in the Gazette.