ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 31 Qualifications for appointment as Commissioner

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 31

31. (1) A person is not qualified to be appointed as a Commissioner unless the
person is an Aboriginal person or a Torres Strait Islander.

(2) Subject to subsection (3), a person is not qualified to be appointed as a
Commissioner if he or she:

   (a)  has been convicted of an offence against a Commonwealth, State or
        Territory law and sentenced to imprisonment for one year or longer; or

   (b)  has been convicted of an offence against a Commonwealth, State or
        Territory law involving dishonesty and sentenced to imprisonment for 3
        months or longer.

(3) Subsection (2) does not disqualify a person from being appointed as a
Commissioner if:

   (a)  where the person was never actually imprisoned for the offence-at
        least 2 years have elapsed since the person was convicted;

   (b)  where the person served a term of imprisonment for the offence-at
        least 2 years have elapsed since the person was released from prison;
        or

   (c)  in any case-the Federal Court of Australia, on application by the
        person, declares that in spite of the person's conviction, he or she
        ought not to be disqualified from being appointed as a Commissioner.

(4) The Federal Court of Australia has jurisdiction with respect to matters
arising under subsection (3).