Commonwealth Numbered Regulations - Explanatory Statements

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ATSIC (REGIONAL COUNCILS - ELECTION OF OFFICEHOLDERS) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 275

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 275

Issued by the Authority of the Minister for Immigration and Multicultural and Indigenous Affairs

Aboriginal and Torres Strait Islander Commission Act 1989

ATSIC (Regional Councils - Election of Officeholders) Amendment Regulations 2002 (No. 1)

Subsection 201(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, the Regional Council election rules, the TSRA Election Rules or the zone election Rules, prescribing matters for carrying out or giving effect to the Act. Subsection 201 (2) provides that the regulations may make provision in relation to the conduct of elections for the purpose of sections 127 and 127J of the Act.

Subsection 127 (1) of the Act provides that a Regional Council shall, at its first meeting after it is elected, elect from is members by secret ballot a Chairperson and a Deputy Chairperson. Item 3 of the Amendment Regulations amends the existing subregulation 21 (2) in order to ensure that nominations to fill the offices of Chairperson and Deputy Chairperson of a Regional Council are called as soon as practicable after a vacancy occurs in either of those offices for the reason that the holder of the office is elected as a Commissioner or Chairperson.

Subsection 127J (1) of the Act provides that a Regional Council may elect a member of the Council to be the alternate of the Deputy Chairperson. Subsection 127 (3) provides that the alternate holds office for such period as is determined by the Regional Council. Item 4 of the Amendment Regulations amends the existing subregulation 22 (3) in order to ensure that when the Regional Council has decided to elect a new alternate Deputy Chairperson, nominations to fill the office of alternate Deputy Chairperson of a Regional Council will be called as soon as practicable after a vacancy occurs in that office for the reason that the holder of the office is elected as a Chairperson or Deputy Chairperson.

The Regulations as they currently stand require elections for the alternate Deputy Chairperson of a Regional Council to be conducted by the Regional Manager for the region for which the Council is established. Items 1 and 2 allow the Australian Electoral Commission to conduct those elections.

Item 5 is a supplementary amendment upon Items 3 and 4.

The Regulations commenced on gazettal.


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