Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 142S

             (1)  The Minister may, by notice in the Gazette , declare that he or she is satisfied that the TSRA would best be able to represent the Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area if it consisted of, or included, persons elected to represent particular communities in that area under the Queensland Act.

             (2)  The notice must also set out details of how the TSRA is to be constituted and, without limiting the generality of the foregoing, may make any of the following provisions:

                     (a)  provision for some or all of the members of the TSRA to be persons elected under the Queensland Act to represent particular communities in the Torres Strait area;

                     (b)  provision for some of the members of the TSRA to be elected under this Act to represent particular communities in the Torres Strait area;

                     (c)  provision for the method and timing of election of members of the TSRA to whom provisions under paragraph (b) apply;

                     (d)  provision for the term of office of members of the TSRA holding office under this section.

             (3)  The notice may make such other provisions in relation to the constitution and operation of the TSRA as the Minister thinks necessary.

          (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.

             (4)  A notice under this section has effect according to its terms.

             (5)  A notice under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .