Senator MARGETTS(11.37 a.m.) —I was wondering at what time I am able to put my amendment No. 7. Is this the appropriate time?

The TEMPORARY CHAIRMAN (Senator Patterson) —Senator Margetts, I have been advised that the government amendments are going to come first and yours are going to come after that.

Amendments 1 to 18 agreed to.

Schedule 2 negatived.

Amendments (by Senator Herron)—by leave—agreed to:

(1)   Clause 2, page 2 (after line 2), at the end of the clause, add:

   (3)   Schedule 3 commences on the day, or the earliest day, on which the Minister appoints a person as a Commissioner after the person has been elected in the 1999 round of Regional Council elections.

(2)   Schedule 1, page 13 (after line 15), after item 30, insert:

30B At the end of subsection 115(1)

Add "and such number (if any) of other members as are appointed under section 116".

30C After section 115

Add:

116 Additional members of Regional Councils

   (1)   Subject to subsection (2), if the Minister is of the opinion that the number of members of a particular Regional Council is insufficient to enable the Council properly to perform its functions, the Minister may, after consulting the Commission, appoint an additional person or persons to be a member or members of the Regional Council.

   (2)   The Minister may not appoint a person as a member of a Regional Council under subsection (1) unless the person is qualified for election as a member for a Regional Council ward for the Regional Council concerned.

   (3)   A person appointed as a member of a Regional Council under this section holds office until the end of the next round of Regional Council elections following his or her appointment.

   (4)   If a person appointed under this section as a member of a Regional Council ceases to hold the office to which he or she was appointed, the Minister may appoint another person as a member of the Regional Council in place of the first-mentioned person.

(3)   Page 29 (after line 11), at the end of the Bill, add:

Schedule 3—Amendment of the Aboriginal and Torres Strait Islander Commission Act 1989

1 Subsection 4(1) (definition of Commission Chairperson )

   Repeal the definition, substitute:

      Commission Chairperson means the Chairperson of the Commission elected under section 31A.

2 Subsection 4(1) (definition of elected Commissioner )

   Repeal the definition:

3 Subsection 4(1) (definition of non-elected Commissioner )

   Repeal the definition:

4 Section 27

   Repeal the section, substitute:

27 Constitution of the Commission

   (1)   The Commission consists of 17 members appointed by the Minister.

   (2)   The members are to be the persons elected under Division 7 of Part 3 to represent the several zones.

5 After section 30

   Insert:

31A Commission Chairperson

   (1)   At the first meeting of the Commission after each round of zone elections (other than an election for the Torres Strait zone), the Commissioners must elect one of their number to be the Commission Chairperson.

   (2)   At any other meeting of the Commission, the Commissioners must elect one of their number to be the Commission Chairperson if there is a vacancy in that office.

6 Subsection 33(1)

   Repeal the subsection, substitute:

   (1)   The Commission Chairperson holds office as Commission Chairperson until:

      (a)   he or she ceases to be a Commissioner; or

      (b)   another person is elected as the Chairperson under section 31A;

whichever happens first.

7 Subsection 33(1C)

   Repeal the subsection.

8 Paragraph 36(1)(a)

   Omit "an appointment has previously been made to the office", substitute "a person has previously been elected as Commission Chairperson".

9 Subsections 36(4) and (5)

   Repeal the subsections.

10 Subsection 39(2)

   Omit "An elected Commissioner is", substitute "A Commissioner is".

11 Subsection 40(6)

   Omit "appointment of an elected Commissioner", substitute "appointment of a Commissioner".

12 Subsection 40(6A)

   Omit "an elected Commissioner" (wherever occurring), substitute "a Commissioner".

13 Subsection 44(3)

   Omit "8", substitute "7".

14 Subsection 44(4)

   Omit "12", substitute "11".

15 Paragraph 44(5)(c)

   Omit "8", substitute "7".

16 Paragraph 138(1)(b)

   Omit "elected".