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ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989


TABLE OF PROVISIONS

           Long Title

   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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4