ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 97 Regional Councils to prepare draft budgets

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 97

97. (1) Where, under section 63, a Regional Council is given a copy of the
Commission's draft budget for a financial year, the Regional Council shall,
within such period as the Commission directs:

   (a)  prepare a draft budget for the Regional Council for that financial
        year; and

   (b)  give a copy of the draft budget to the Commission.

(2) In preparing a draft budget under subsection (1), the Regional Council
shall consider any guidelines given to it by the Commission under subsection 
63 (12).

(3) A draft budget for a Regional Council for a financial year shall set out
the proposed allocation in accordance with subsection (4) of the amount
specified under subparagraph 63 (1) (b) (i) in the regional statement for the
region for that financial year.

(4) For the purposes of subsection (3), a draft budget:

   (a)  shall allocate the amount, or so much of it as is not allocated to the
        Land Fund, among programs conducted or to be conducted in the region
        concerned;

   (b)  shall show, in relation to each program, the organisation or
        organisations conducting or proposing to conduct the program; and

   (c)  may allocate some of the amount to the Land Fund.

(5) In subsection (4):

"program" does not include:

   (a)  a program of a kind to which amounts could be allocated under
        paragraph 63 (4) (f), (h) or (j) or 63 (5) (b) or (c);

   (b)  a program on which money could be spent out of the Housing Fund;

   (c)  a program to which an amount is to be allocated under paragraph 63 (5)
        (a) or (d); or

   (d)  except where the Commission, at the request of the Regional Council
        concerned, has approved the program for the purposes of this section-a
        program to be conducted by a State, the Australian Capital Territory
        or the Northern Territory, by an authority of a State, the Australian
        Capital Territory or the Northern Territory, by Aboriginal Hostels
        Limited or by the Australian Institute of Aboriginal and
        Torres Strait Islander Studies.

(6) When the Commission receives a copy of a Regional Council's draft budget
under subsection (1), the Commission may, in writing, ask the Regional Council
to reconsider the draft budget and change it in specified respects.

(7) A Regional Council that is asked to reconsider its draft budget under
subsection (6):

   (a)  shall reconsider its draft budget;

   (b)  is not required to change its draft budget; and

   (c)  shall, within such period as the Commission directs:

        (i)    notify the Commission in writing that it has not changed its
               draft budget; or

        (ii)   give the Commission a copy of its revised draft budget.