Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 2) 1993 No. 37 of 1993 - SECT 29

29. After section 127D of the Principal Act the following sections are
inserted: Term of office of Deputy Chairperson

"127E.(1) The Deputy Chairperson of a Regional Council holds office for the
period starting when he or she is elected and ending at the end of the next
election period of the Regional Council.

"(2) If the Deputy Chairperson of a Regional Council becomes a Commissioner,
he or she ceases to be the Deputy Chairperson of the Regional Council.
Resignation of Deputy Chairperson

"127F.(1) The Deputy Chairperson of a Regional Council may resign by writing
signed by him or her and sent to the Minister.

"(2) The Deputy Chairperson of a Regional Council is taken to have resigned
if:

   (a)  he or she resigns from the Regional Council; or

   (b)  under section 121, he or she is taken to have resigned from the
        Regional Council. Suspension and removal from office of Deputy
        Chairperson Minister may suspend Deputy Chairperson

"127G.(1) Subject to subsection (2), the Minister may suspend the Deputy
Chairperson of a Regional Council from office because of misbehaviour or
physical or mental incapacity. Minister must give Deputy Chairperson notice
before suspension

"(2) The Minister must not suspend the Deputy Chairperson from office unless
the Minister has:

   (a)  by written notice served on the Deputy Chairperson, given the Deputy
        Chairperson 7 days within which to show cause why the Deputy
        Chairperson should not be suspended; and

   (b)  consulted the Commission. Statement to be laid before each House of
        the Parliament

"(3) The Minister must cause a statement identifying the Deputy Chairperson
and setting out the ground of the suspension to be laid before each House of
the Parliament within 7 sitting days of that House after the suspension.
Deputy Chairperson must be restored to office if declaration made by both
Houses of Parliament

"(4) If such a statement has been laid before a House of the Parliament, that
House may, within 15 sitting days of that House after the day on which the
statement has been laid before it, by resolution, declare that the Deputy
Chairperson ought to be restored to office. If each House so passes such a
resolution, the Minister must terminate the suspension. Minister may remove
Deputy Chairperson from office if no declaration made

"(5) If, at the end of 15 sitting days of a House of the Parliament after the
day on which the statement has been laid before that House, that House has not
passed such a resolution, the Minister may remove the Deputy Chairperson from
office. Minister must remove Deputy Chairperson from office if he or she
ceases to be a Regional Councillor

"(6) If the Deputy Chairperson of a Regional Council ceases to be a Regional
Councillor otherwise than by resigning from the Regional Council, the Minister
must remove the Deputy Chairperson from office. Statement to be laid before
Parliament if Deputy Chairperson removed from office

"(7) If the Minister removes a person from the office of Deputy Chairperson of
a Regional Council, the Minister must cause to be laid before each House of
the Parliament, within 7 sitting days of that House after the removal, a
statement:

   (a)  identifying the Deputy Chairperson; and

   (b)  stating that he or she has been removed from office; and

   (c)  setting out the ground of the removal from office. Acting appointments

"127H.(1) The Deputy Chairperson of a Regional Council is to act as the
Chairperson of the Regional Council:

   (a)  during a vacancy in the office of Chairperson of the Regional Council,
        whether or not an election has previously been conducted for the
        office; or

   (b)  during any period, or during all periods, when the Chairperson of the
        Regional Council is absent from duty or from Australia or is, for any
        reason, unable to perform the duties of the office.

"(2) Anything done by or in relation to a person purporting to act under
subsection

(1) is not invalid merely because the occasion to act had not arisen or had
ceased. Alternate Deputy Chairperson Election of alternate

"127J.(1) A Regional Council may elect a member of the Council to be the
alternate of the Deputy Chairperson. Commissioner not to be elected as
alternate

"(2) A Regional Council must not elect a Commissioner to be the alternate of
the Deputy Chairperson. Term of office

"(3) The alternate of the Deputy Chairperson holds office for such period as
is determined by the Regional Council. However, the alternate of the Deputy
Chairperson may be re - elected under subsection (1). Alternate ceases to hold
office if he or she becomes a Commissioner

"(4) If the alternate of the Deputy Chairperson becomes a Commissioner, he or
she ceases to be the alternate of the Deputy Chairperson. Alternate to act as
Deputy Chairperson

"(5) The alternate of the Deputy Chairperson is to act as the Deputy
Chairperson:

   (a)  during a vacancy in the office of Deputy Chairperson, whether or not
        an election has previously been conducted for the office; or

   (b)  during any period, or during all periods, when the Deputy Chairperson
        is absent from duty or from Australia or is, for any reason, unable to
        perform the duties of the office. Alternate to act as Chairperson

"(6) The alternate of the Deputy Chairperson is to act as the Chairperson:

   (a)  during a vacancy in the offices of both the Chairperson and the Deputy
        Chairperson, whether or not elections have previously been conducted
        for the offices; or

   (b)  during any period, or during all periods, when both of the following
        subparagraphs apply:

        (i)    the Chairperson is absent from duty or from Australia, or is,
               for any reason, unable to perform the duties of the office of
               Chairperson;

        (ii)   the Deputy Chairperson is absent from duty or from Australia,
               or is, for any reason, unable to perform the duties of the
               office of Deputy Chairperson; or

   (c)  during any period, or during all periods, when both of the following
        subparagraphs apply:

        (i)    the Chairperson is absent from duty or from Australia, or is,
               for any reason, unable to perform the duties of the office of
               Chairperson;

        (ii)   there is a vacancy in the office of Deputy Chairperson, whether
               or not an election has previously been conducted for the
               office; or

   (d)  during any period, or during all periods, when both of the following
        subparagraphs apply:

        (i)    there is a vacancy in the office of Chairperson, whether or not
               an election has previously been conducted for the office;

        (ii)   the Deputy Chairperson is absent from duty or from Australia,
               or is, for any reason, unable to perform the duties of the
               office of Deputy Chairperson. Validation of acts of alternate

"(7) Anything done by or in relation to a person purporting to act under
subsection (5) or (6) is not invalid merely because the occasion to act had
not arisen or had ceased. Removal of alternate from office

"(8) The Regional Council may remove the alternate of the Deputy Chairperson
from office. Resignation of alternate

"(9) The alternate of the Deputy Chairperson may resign the office of
alternate Deputy Chairperson by writing signed by the alternate and given to
the Regional Council.".