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ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT BILL 1994

Order of the day read for the adjourned debate on the motion of the

Minister for the Environment, Sport and Territories (Senator

Faulkner)--That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for Trade (Senator McMullan) tabled

a supplementary explanatory memorandum relating to the Government

amendments to be moved to the bill.

On the motion of Senator McMullan the following amendments, taken

together by leave, were agreed to:

Clause 3, page 2, paragraph (b), line 14, after ""designated number'",

insert ", "eligible number'".

Clause 3, page 2, paragraph (b), after definition of "designated

number", insert the following definition:

""eligible number', in relation to the TSRA, means:

(a) 20; or

(b) if a notice under subsection 142R(1A) is in force--the number

fixed by the notice;".

Clause 12, page 5, lines 17 to 22, omit the clause, substitute the

following clauses:

Constitution of TSRA

"12. Section 142R of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsections:

"(1A) The Minister may fix the eligible number for the TSRA by

notice in the Gazette.

"(1B) The number fixed must be at least 20 and not more than 23.

"(1C) The notice is a disallowable instrument for the purposes of

section 46A of the Acts Interpretation Act 1901.';

(b) by omitting from subsection (2) "TSRA because:' and substituting

"TSRA.';

(c) by omitting paragraphs (2)(a) and (b).

Minister may determine manner of representation on TSRA

"12A. Section 142S of the Principal Act is amended:

(a) by inserting in paragraph (2)(c) "and timing' after "method';

(b) by inserting after subsection (3) the following subsections:

"(3A) If the eligible number has changed, the Minister may amend a

notice to change the membership of the TSRA so that the number of

members equals the eligible number.

"(3B) Subsection (3A) does not limit the Minister's power to revoke,

amend or vary a notice.'.".

Clause 13, page 6, proposed subsection 142TA(3), line 9, omit "who:",

substitute "who hold office as members under a notice under section

142S.".

Clause 13, page 6, proposed paragraphs 142TA(3)(a) and (b), lines 10 to

12, omit the paragraphs.

Clause 13, page 6, proposed subsection 142TA(5), line 25, omit "who:",

substitute "who hold office as members under a notice under section

142S.".

Clause 13, page 6, proposed subparagraphs 142TA(5)(b)(i) and (ii), lines

26 to 29, omit the subparagraphs.

Clause 16, page 7, paragraph (d), line 19, after "by-election", insert

"to fill a casual vacancy".

Clause 16, page 7, at end of clause, add the following paragraph:

"; (e) by adding at the end the following subsection:

"(3) In this section:

"by-election to fill a casual vacancy" includes an election of a

member of the TSRA to fill a position created by an increase in

the eligible number.'.".

Clause 21, page 8, after paragraph (a), insert the following paragraph:

"(aa) by adding at the end of subsection (1) the following word and

paragraph:

"; and (c) the manner of changing the membership of the TSRA to

conform with changes in the eligible number

(including, but not limited to, the holding of

by-elections).';".

Clause 23, page 9, paragraph (a), line 4, after "142S(2)(a)", insert "or

(b)".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Herron) resumed the Chair and the

Temporary Chairman of Committees (Senator Colston) reported accordingly.

On the motion of Senator McMullan the report from the committee was

adopted and the bill read a third time.