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Aboriginal and Torres Strait Islander Commission Amendment Bill 2004
Schedule 3 Abolition of Regional Councils, consequential amendments and transitional and saving arrangements

Part 1 Abolition of Regional Councils

Aboriginal and Torres Strait Islander Act 2004

1  Part 3

Repeal the Part.



 

Part 2 Consequential amendments relating to abolition of Regional Councils

Aboriginal and Torres Strait Islander Act 2004

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 election s )

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 prescribed number )

Repeal the definition.

9  Subsection 4(1) (definition of region )

Repeal the definition.

10  Subsection 4(1) (definition of Regional Council )

Repeal the definition.

11  Subsection 4(1) (definition of Regional Council election )

Repeal the definition.

12  Subsection 4(1) (definition of Regional Council election rules )

Repeal the definition.

13  Subsection 4(1) (definition of Regional Council election year )

Repeal the definition.

14  Subsection 4(1) (definition of Regional Council ward )

Repeal the definition.

15  Subsection 4(1) (definition of Regional Council ward election )

Repeal the definition.

16  Subsection 4(1) (definition of Regional Councillor )

Repeal the definition.

17  Subsection 4(1) (definition of Torres Strait area )

Repeal the definition, substitute:

Torres Strait area means the area declared by the Minister, by instrument in writing made for the purposes of this definition, to be the Torres Strait area.

18  Subsection 4(1) (paragraph (a) of the definition of ward )

Repeal the paragraph.

19  At the end of Division 5 of Part 3A

Add:

143I   Disputed elections

                   Schedule 4 applies where there is a dispute in relation to a TSRA election.

20  Section 196

Repeal the section.

21  Subsection 200A(1)

Repeal the subsection, substitute:

             (1)  This section applies to a person who:

                     (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 1 July 2004; 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 1 July 2005; 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)  the Director of Evaluation and Audit; or

                             (ii)  a member of the TSRA; or

                            (iii)  a member of an advisory committee established under section 142M; or

                            (iv)  the TSRA General Manager; or

                             (v)  a member of the staff of the TSRA; or

                            (vi)  engaged as a consultant under section 144T; or

                           (vii)  a TSRA Administrator.

22  Subclause 1(1) of Schedule 4 (definition of election )

Omit “a Regional Council election or”.

23  Subclause 1(1) of Schedule 4 (definition of illegal practice )

Omit “, the Regional Council election rules”.

24  Subclause 1(2) of Schedule 4

Omit “, the Regional Council election rules”.

25  Subclause 3A(3) of Schedule 4 (paragraph (a) of the definition of general election )

Repeal the paragraph.

26  Paragraph 15(a) of Schedule 4

Omit “, the Regional Council election rules”.

27  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”.

28  Paragraphs 17(1)(a) and (b) of Schedule 4

Repeal the paragraphs.

29  Paragraphs 21(1)(b) and (c) of Schedule 4

Repeal the paragraphs.

30  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 ”.

31  Subclause 27(3) of Schedule 4

Repeal the subclause.

32  Subclause 28(1) of Schedule 4

Omit “, the Regional Council election rules”.



 

Part 3 Transitional and saving arrangements relating to Regional Councils

33  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.

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 2004 and was in existence immediately before the second transfer day.

Regional Council instrument means an instrument subsisting immediately before the second transfer 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.

second transfer day means 1 July 2005.

Secretary means the Secretary of the Department.

34  Transfer of assets and liabilities of Regional Councils

On the second transfer 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.

35  Regional Council instruments

A Regional Council instrument in force under the Aboriginal and Torres Strait Islander Act 2004 immediately before the second transfer 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.

36  Pending proceedings

If, immediately before the second transfer 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.

37  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 34, 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.

38  Exemption from taxation

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.

39  Saving provision—Rights of review of certain decisions made before second transfer day

Despite the repeal of section 196 of the Aboriginal and Torres Strait Islander Act 2004 by this Schedule, that section as in force immediately before the second transfer 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 after 30 June 2004 and before the second transfer day, as if that section had not been repealed.