ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989
Table of Provisions
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 5 Act binds the Crown
- 6 Aboriginal and Torres Strait Islander Commission
- 7 Functions of Commission
- 8 Prime Minister may confer functions on Commission
- 9 Minister may approve performance of functions under State or Territory laws
- 10 Powers of Commission
- 11 Corporate plan
- 12 Directions by Minister
- 13 Advisory committees
- 14 Grants of interests in property
- 15 Grants for acquisition of property
- 16 Housing loans and grants
- 17 Enterprise loans and grants
- 18 Loans or grants for specific purposes
- 19 Guarantees
- 20 Grants and loans to be repayable where conditions breached etc.
- 21 Restriction on right to dispose of property
- 22 Loans, grants or guarantees not to be made without written application
- 23 Loans, grants, acquisitions and guarantees not to be approved without written assessment
- 24 Loan, grant, acquisition and guarantee documents to show legislative authority etc.
- 25 Guidelines
- 26 Review of operation of Act
- 27 Constitution of Commission
- 28 Constitution of first Commission
- 29 Validation of appointments
- 30 Basis of holding office
- 31 Qualifications for appointment as Commissioner
- 32 Deputy Chairperson of Commission
- 33 Period of appointment
- 34 Remuneration and allowances
- 35 Leave of absence
- 36 Acting appointments
- 37 Disclosure of interests at meetings
- 38 Disclosure of interests
- 39 Resignation
- 40 Termination of appointment
- 41 Recall of Commissioner
- 42 Commissioners not personally liable
- 43 Other terms and conditions
- 44 Meetings of Commission
- 45 Delegation to Chief Executive Officer or staff member
- 46 Chief Executive Officer
- 47 Period of appointment
- 48 Remuneration and allowances
- 49 Leave of absence
- 50 Acting Chief Executive Officer
- 51 Disclosure of interests
- 52 Resignation
- 53 Termination of appointment
- 54 Other terms and conditions
- 55 Staff
- 56 Consultants
- 57 Money payable to Commission
- 58 Money appropriated to Commission for purposes of other bodies
- 59 Estimates before Regional Councils elected
- 60 Estimating procedures after Regional Councils elected
- 61 Estimates
- 62 Form of estimates
- 63 Commission to prepare draft budget
- 64 Commission to give draft budgets to Minister
- 65 Council draft budgets
- 66 Application of money held by Commission
- 67 Housing Fund
- 68 Regional Land Fund
- 69 Borrowing on overdraft to meet temporary deficit
- 70 Limits on Commission's powers
- 71 Exemption from taxation
- 72 Annual report and financial statements
- 73 Application of Audit Act
- 74 Ministerial Finance Directions
- 75 Office of Evaluation and Audit
- 76 Functions of Office
- 77 Director of Evaluation and Audit
- 78 Desirability of regular evaluations etc.
- 79 Minister to consult with Torres Strait representatives before approving estimates
- 80 Office of Torres Strait Islander Affairs
- 81 Functions of Office
- 82 Torres Strait Islander Advisory Board
- 83 Function of Advisory Board
- 84 Constitution of Advisory Board
- 85 Remuneration and allowances
- 86 Other terms and conditions
- 87 Meetings of Advisory Board
- 88 Review of operation of Act
- 89 Aboriginal or Torres Strait Islander corporations
- 90 Secrecy
- 91 Regions
- 92 Regional Councils
- 93 Names of Regional Councils
- 94 Functions of Regional Councils
- 95 Powers of Regional Councils
- 96 Advisory committees
- 97 Regional Councils to prepare draft budgets
- 98 Regional Councils to advise Commission
- 99 Annual report
- 100 Regional Council elections
- 101 Persons entitled to vote at Regional Council elections
- 102 Persons qualified to be elected to Regional Councils
- 103 Errors in Commonwealth Electoral Roll not to affect entitlements
- 104 Timing of Regional Council elections
- 105 Polling places
- 106 Fixing of election days, and location of polling places, to be notified in Gazette
- 107 Effect of nominations
- 108 Voting not compulsory
- 109 Voting to be by secret ballot
- 110 Voting
- 111 Counting of votes and election of candidates
- 112 General obligation to inform voters about elections
- 113 Rules for conduct of elections
- 114 Authorised electoral officer
- 115 Constitution of Regional Councils
- 116 Torres Strait Regional Council
- 117 Term of office of members of Regional Council
- 118 Remuneration and allowances
- 119 Disclosure of interests
- 120 Resignation
- 121 Persons taken to have resigned from Regional Councils in certain circumstances
- 122 Persons cease to be members of Regional Councils in certain circumstances
- 123 Removal of Regional Council
- 124 Powers of Administrator
- 125 Members of Regional Councils, and Administrators, not personally liable
- 126 Other terms and conditions
- 127 Chairperson and Executive Committee
- 128 Meetings of Regional Councils
- 129 Commission officers may be required to attend Regional Council meetings
- 130 Zones
- 131 Election of zone representatives
- 132 Zone elections
- 133 Timing of zone elections
- 134 Effect of nominations
- 135 Voting to be by secret ballot
- 136 Voting
- 137 Counting of votes and election of candidates
- 138 Rules for conduct of elections
- 139 Authorised electoral officer
- 140 Disputed elections
- 141 Review Panels
- 142 When Review Panel to be convened
- 143 Conduct of review etc.
- 144 When Review Panel to report
- 145 Aboriginal and Torres Strait Islander Commercial Development Corporation
- 146 Purposes of Corporation
- 147 Functions of Corporation
- 148 Performance of functions
- 149 Corporate plan
- 150 Consideration of corporate plan by Minister
- 151 Powers of Minister
- 152 Powers of Corporation
- 153 Guarantees
- 154 Minister or Commission may ask for information
- 155 Board of Directors of Corporation
- 156 Responsibilities of Corporation Board
- 157 Appointment of Directors
- 158 Selection of Directors
- 159 Period of appointment
- 160 Remuneration and allowances
- 161 Leave of absence
- 162 Acting appointments
- 163 Disclosure of interests
- 164 Resignation
- 165 Termination of appointment
- 166 Other terms and conditions
- 167 Meetings of Corporation Board
- 168 General Manager
- 169 Term of appointment
- 170 Holding of office
- 171 Remuneration and allowances
- 172 Acting General Manager
- 173 Resignation
- 174 Other terms and conditions
- 175 Staff
- 176 Arrangements for Commission staff to perform duties on behalf of Corporation
- 177 Arrangements relating to staff
- 178 Consultants
- 179 Capital of the Corporation
- 180 Bank accounts
- 181 Application of money held by Corporation
- 182 Restriction on Corporation spending
- 183 Borrowing for temporary purposes
- 184 Limit on Corporation's powers
- 185 Giving of security over assets
- 186 Net profit of Corporation
- 187 Powers of companies in which Corporation has an interest
- 188 Exemption from taxation
- 189 Application of Division 2 of Part XI of Audit Act
- 190 Delegation to General Manager or member of staff
- 191 Secrecy
- 192 Telephone access to ATSIC offices
- 193 Approval of banks
- 194 Remuneration and allowances
- 195 Review by Commission of delegates' decisions
- 196 Review by Administrative Appeals Tribunal
- 197 Offences-guarantees, grants and loans
- 198 Offences-elections
- 199 Conduct of directors, servants and agents
- 200 Staff of Aboriginal Hostels Limited to be public servants
- 201 Regulations
- 202 Interpretation
- 203 Repeals
- 204 Quorum until all Commissioners appointed
- 205 New Commission shall declare certain bodies to be Aboriginal or Torres Strait Islander corporations
- 206 Transfer of assets and liabilities of old Department
- 207 Transfer of assets and liabilities of old Commission
- 208 Capital Fund of old Commission transferred to Corporation
- 209 Minister may declare specified liabilities transferred to Commonwealth instead of new Commission
- 210 Minister may direct transfer of money etc. from new Commission to Corporation
- 211 Old Commission instruments
- 212 Pending proceedings
- 213 Final report and financial statement for old Department
- 214 Final report and financial statements for old Commission
- 215 Certificates relating to assets, liabilities and instruments
- 216 Exemption from taxation
- 217 Ombudsman investigations
- 218 Transfer of appropriated money
- 219 Transfer of staff to Australian Public Service
- 220 Operation of Superannuation Benefit (Interim Arrangement) Act
- 221 Contracts of employment not preserved
- 222 State or Territory officer may act on certificate
- 223 Aboriginal and Torres Strait Islander Heritage Protection Act
- 224 Aboriginal Councils and Associations Act
- 225 Aboriginal Land Grant (Jervis Bay Territory) Act
- 226 Aboriginal Land (Lake Condah and Framlingham Forest) Act
- 227 Aboriginal Land Rights (Northern Territory) Act
- 228 Administrative Decisions (Judicial Review) Act
- 229 Freedom of Information Act
- 230 Public Service Act
- 231 Remuneration Tribunal Act
- 232 Sales Tax (Exemptions and Classifications) Act
