ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 116 Torres Strait Regional Council

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 116

116. (1) Where the Minister is satisfied that the Torres Strait Regional
Council would best be able to represent the Torres Strait Islanders and
Aboriginals living in the Torres Strait region if it consisted of, or
included, persons elected to represent particular communities in the Torres
Strait region under the Queensland Act, the Minister may, by notice published
in the Gazette, declare that he or she is so satisfied.

(2) The notice shall also set out particulars of how the Torres Strait
Regional Council 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 Torres Strait Regional
        Council to be persons elected under the Queensland Act to represent
        particular communities in the Torres Strait region;

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

   (c)  provision for the method of election of members of the Torres Strait
        Regional Council to whom provisions under paragraph (b) apply;

   (d)  provision for the term of office of members of the Torres Strait
        Regional Council holding office under this section.

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

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

(5) A notice under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.

(6) Section 48 of the Acts Interpretation Act 1901 applies in relation to a
notice under subsection (1), other than any notice published before the
beginning of the first Regional Council election period, as if paragraph (1)
(b) of that section were omitted and the following paragraph were substituted:

"(b) subject to this section, shall take effect on the first day on which the
notice is no longer liable to be disallowed, or to be deemed to have been
disallowed, under this section; and"

(7) In this section:

"Queensland Act" means the Community Services (Torres Strait) Act 1984 of
Queensland as amended and in force from time to time, and includes any law of
Queensland that replaces that Act.