Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 118

118. After the title to the Principal Act the following Preamble is inserted:

"WHEREAS the people of Australia voted overwhelmingly to amend the
Constitution so that the Parliament of Australia would be able to make special
laws for peoples of the aboriginal race;
AND WHEREAS the people whose descendants are now known as Aboriginal persons
and Torres Strait Islanders were the inhabitants of Australia before European
settlement;
AND WHEREAS they have been progressively dispossessed of their lands and this
dispossession occurred largely without compensation, and successive
governments have failed to reach a lasting and equitable agreement with
Aboriginal persons and Torres Strait Islanders concerning the use of their
lands;
AND WHEREAS it is the intention of the people of Australia to make provision
for rectification, by such measures as are agreed by the Parliament from time
to time, including the measures referred to in this Act, of the consequences
of past injustices and to ensure that Aboriginal persons and Torres Strait
Islanders receive that full recognition within the Australian nation to which
history, their prior rights and interests, and their rich and diverse culture,
fully entitle them to aspire;
AND WHEREAS it is also the wish of the people of Australia that there be
reached with Aboriginal persons and Torres Strait Islanders a real and lasting
reconciliation of these matters;
AND WHEREAS it is the firm objective of the people of Australia that policies
be maintained and developed by the Australian Government that will overcome
disadvantages of Aboriginal persons and Torres Strait Islanders to facilitate
the enjoyment of their culture;
AND WHEREAS it is appropriate to further the aforementioned objective in a
manner that is consistent with the aims of self-management and
self-sufficiency for Aboriginal persons and Torres Strait Islanders;
AND WHEREAS it is also appropriate to establish structures to represent
Aboriginal persons and Torres Strait Islanders to ensure maximum participation
of Aboriginal persons and Torres Strait Islanders in the formulation and
implementation of programs and to provide them with an effective voice within
the Australian Government;
AND WHEREAS the Parliament seeks to enable Aboriginal persons and Torres
Strait Islanders to increase their economic status, promote their social
well-being and improve the provision of community services;
AND WHEREAS the Australian Government has acted to protect the rights of all
of its citizens, and in particular its indigenous peoples, by recognising
international standards for the protection of universal human rights and
fundamental freedoms through:

   (a)  the ratification of the International Convention on the Elimination of
        All Forms of Racial Discrimination and other standard-setting
        instruments such as the International Covenants on Economic, Social
        and Cultural Rights and on Civil and Political Rights; and

   (b)  the acceptance of the Universal Declaration of Human Rights:".
AMENDMENTS RELATING TO THE COMMISSION'S GENERAL FUNDING POWERS
1. Subsection 4(1) (definitions of "Aboriginal or Torres Strait Islander
corporation" and " spouse"): Omit the definitions.
2. Subsection 4(1): Insert:

" 'housing loan' means a loan for one or more of the following purposes:

   (a)  the erection or purchase of dwellings or the purchase of land on which
        dwellings are to be erected or situated;

   (b)  the extension or modification of, or the making of additions to,
        dwellings;

   (c)  any purpose incidental to a purpose referred to in paragraph (a) or
        (b);

   (d)  the purchase of household effects;

   (e)  the repayment of existing debts incurred for any of the purposes
        referred to in paragraphs (a), (b), (c) and (d);".
3. Paragraph 10(2)(b): Omit the paragraph, substitute:

"(b) to enter into an agreement for the making of a grant or loan under
section 16 to:

        (i)    a State; or

        (ii)   the Australian Capital Territory; or

        (iii)  the Northern Territory; or

        (iv)   an authority of a State or a Territory (including a local
               government body);".
4. Subsection 21(1): Omit "where a body", substitute "if".
5. Paragraph 21(1)(a): Omit the paragraph, substitute:

"(a) both:

        (i)    an individual or body has acquired an interest in land; and

        (ii)   any of the following applies:

                (A)  the interest was acquired using money granted to the
                     individual or body by the Commission under paragraph
                     14(1)(a);

                (B)  the interest was acquired from the Commission under
                     paragraph 14(1)(b);

                (C)  the acquisition of the interest was financed by a loan
                     that was guaranteed by the Commission under section 15;
                     or".
6. Paragraph 21(1)(b):
Before "has" insert "a body".
7. Subsections 21(2) and (3):
Insert "individual or" before "body".
8. Paragraph 45(b): Omit the paragraph.
9. After section 45: Insert the following section in Division 5 of Part 2:
Delegation to Regional Council Commission may delegate powers under section
14, 15 or 16

"45A.(1) The Commission may, by writing under its seal, delegate to a Regional
Council any or all of its powers under section 14, 15 or 16. Delegate subject
to Commission's written directions

"(2) In the exercise of a power delegated by the Commission, the delegate is
subject to the Commission's written directions (if any).
Commission Chairperson may suspend delegation

"(3) If the delegate contravenes a direction, the Commission Chairperson may,
by written notice given to the delegate, suspend the delegation. Length of
suspension

"(4) The suspension remains in force for 3 months unless sooner terminated by
the Commission. Subsection (3) does not limit Commission's power to revoke
delegation

"(5) Subsection (3) does not, by implication, limit the Commission's power to
revoke a delegation. Suspensions to be notified in the Gazette

"(6) The Commission Chairperson must cause notice of the giving of a
suspension to be published in the Gazette. Delegations to be notified in the
Gazette

"(7) The Commission Chairperson must cause notice of the making of a
delegation to be published in the Gazette. Directions to be notified in the
Gazette

"(8) The Commission Chairperson must cause notice of the making of a direction
to be published in the Gazette. Copies of delegations etc. must be given to
Regional Councils

"(9) Without limiting the operation of the Freedom of Information Act 1982,
the Chief Executive Officer must ensure that copies of suspensions,
delegations and directions as in force from time to time are:

   (a)  given to each Regional Council; and

   (b)  available for inspection and purchase at each office of the
        Commission.".
10. Subparagraph 63(1)(b)(iii): Omit "18", substitute "16".
11. Subparagraph 67(2)(b)(i): Omit the subparagraph, substitute:

"(i) housing loans made by the Commission under section 14; or".
12. Subsection 67(3): Omit the subsection, substitute:

"(3) Money in the Housing Fund may only be applied:

   (a)  in making housing loans to individuals or bodies; or

   (b)  in making loans to individuals or bodies to enable the individuals or
        bodies to provide housing for Aboriginal persons or Torres Strait
        Islanders; or

   (c)  in making grants of money for the purpose of enabling Aboriginal
        persons or Torres Strait Islanders to obtain housing loans from
        lenders operating on a commercial basis.".
13. Subsection 68(3): Omit the subsection, substitute:

"(3) Money in the Land Fund may only be spent:

   (a)  in making a grant of money under section 14, where:

        (i)    the grant is made on condition that the money be spent in
               acquiring an interest in land; and

        (ii)   the acquisition has been proposed by a Regional Council; or

   (b)  in acquiring an interest in land under subsection 14(3), where the
        acquisition has been proposed by a Regional Council.".
14. Subsection 68(5):
Omit all the words from and including "time" (second occurring) to and
including "exceed", substitute "time on land in a region must not exceed".
15. Paragraph 68(5)(c): Re-letter as (a).
16. Paragraph 68(5)(d): Re-letter as (b).
17. Paragraph 74(2)(b): Omit the paragraph, substitute:

"(b) decision-making principles in force under section 22.".
18. Section 89: Repeal the section.
19. Paragraph 90(2)(a):
After "loan" insert ", grant".
20. Paragraph 90(2)(b):
After "loan" insert ", grant".
21. Subsection 90(2): Omit the penalty, substitute:

"Penalty: Imprisonment for one year.".
22. Paragraph 123A(1)(c): Add at the end "or".
23. After paragraph 123A(1)(c): Insert:

"(ca) purports to exercise a power in its capacity as a delegate of the
Commission in circumstances where no delegation of that power is in force; or

   (cb) purports to exercise a power delegated to it by the Commission in
        breach of a direction in force under section 45A;".
24. Subsection 195(1): Omit the subsection, substitute:

"(1) If a delegate of the Commission:

   (a)  refuses a housing loan under section 14 to an individual; or

   (b)  refuses a loan under section 14 to an individual to enable the
        individual to engage in a business enterprise; or

   (c)  refuses to give a guarantee under section 15 in respect of a housing
        loan made or to be made to an individual; or

   (d)  refuses to give a guarantee under section 15 in respect of a loan made
        or to be made to an individual, where the purpose of the loan is to
        enable the individual to engage in a business enterprise; the
        individual may, within 30 days after being notified of the refusal,
        request the Commission to reconsider the matter.".
25. Paragraphs 196(1)(a) and (b): Omit the paragraphs, substitute:

"(a) a decision made by the Commission to refuse a housing loan under section
14 to an individual; or

   (aa) a decision made by the Commission to refuse a loan under section 14 to
        an individual to enable the individual to engage in a business
        enterprise; or

   (ab) a decision made by the Commission to refuse to give a guarantee under
        section 15 in respect of a housing loan made or to be made to an
        individual; or

   (b)  a decision made by the Commission to refuse to give a guarantee under
        section 15 in respect of a loan made or to be made to an individual,
        where the purpose of the loan is to enable the individual to engage in
        a business enterprise; or".
26. Paragraph 196(1)(c): Add at the end "or".
27. Paragraphs 196(1)(d) and (e): Omit the paragraphs.
28. Paragraph 196(1)(f): Add at the end "or".
29. Paragraph 196(1)(fa): Add at the end "or".
AMENDMENTS RELATING TO THE ESTABLISHMENT OF THE TORRES
STRAIT REGIONAL AUTHORITY
1. Title:
After "Commission" insert ", a Torres Strait Regional Authority".
2. Subsection 4(1) (definition of "Torres Strait region"): Omit the
definition.
3. Subsection 4(1) (definition of "prescribed number"):
Omit all the words after " 'prescribed number' " (except the table),
substitute:

", in relation to a Regional Council, means the number determined by reference
to the estimated population of the region concerned in accordance with the
following table:".
4. Subsection 4(1): Insert:

" 'Ailan Kastom' means the body of customs, traditions, observances and
beliefs of some or all of the Torres Strait Islanders living in the Torres
Strait area, and includes any such customs, traditions, observances and
beliefs relating to particular persons, areas, objects or relationships;
'election period', in relation to a TSRA election, means the period:

   (a)  starting on the day when the Minister fixes a day or days for the
        polling in accordance with subsection 142Y(2); and

   (b)  ending on the last day on which a poll is declared in relation to that
        TSRA election;
'eligible number', in relation to the TSRA, means 20;
'estimated population', in relation to the Torres Strait area, means the
number of persons living in that area set out in the most recent TSRA notice
that includes such a number;
'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;
'Torres Strait area' means the area described in the map called 'ATSIC
Thursday Island Region-ATSIC 93/25', being the map referred to in the
determination made by the Minister under paragraph 91(1)(b) on 27 September
1993;
'Torres Strait area number', in relation to the Torres Strait area, means the
number of potential voters set out in the most recent TSRA notice that
includes such a number;
'TSRA' means the Torres Strait Regional Authority established by section 142;
'TSRA Administrator' means a TSRA Administrator appointed under:

   (a)  section 142R; or

   (b)  section 144ZQ; to administer the affairs of the TSRA;
'TSRA election' means an election for members of the TSRA conducted under
Division 5 of Part 3A;
'TSRA election rules' means rules made by the Minister under section 143G;
'TSRA Finance Direction' means a direction given to the TSRA by the Minister
under section 144ZD;
'TSRA General Manager' means the General Manager of the TSRA referred to in
section 144G;
'TSRA Housing Fund' means the TSRA Housing Fund established by section 144V;
'TSRA Land and Natural Resources Fund' means the TSRA Land and Natural
Resources Fund established by section 144W;
'TSRA notice', in relation to a TSRA election, means a notice under subsection
143(2);".
5. Subsection 20(1): Omit "Act", substitute "Part".
6. Subsection 20(3): Omit "Act", substitute "Part".
7. Subsection 32(1):
After "zone election" insert "(other than an election for the Torres Strait
zone)".
8. Subsection 39(2): Omit the subsection, substitute:

"(2) An elected Commissioner is taken to have resigned if:

   (a)  in the case of a Commissioner elected by the members of Regional
        Councils:

        (i)    the Commissioner resigns from the Regional Council of which he
               or she was a member when elected to represent the zone
               concerned; or

        (ii)   under section 121, the Commissioner is taken to have resigned
               from that Regional Council; or

   (b)  in the case of a Commissioner elected by the members of the TSRA:

        (i)    the Commissioner resigns from the TSRA; or

        (ii)   under section 143R, the Commissioner is taken to have resigned
               from the TSRA.".
9. Subsection 40(6): Omit the subsection, substitute:

"(6) The Minister may terminate the appointment of an elected Commissioner if:

   (a)  in the case of a Commissioner elected by members of Regional
        Councils-he or she ceases to be a member of a Regional Council
        otherwise than by resigning from the Regional Council; or

   (b)  in the case of a Commissioner elected by the members of the TSRA-he or
        she ceases to be a member of the TSRA otherwise than by resigning from
        the TSRA.".
10. Subsection 41(1):
After "zone" insert "(other than the Torres Strait zone)".
11. After section 41: Insert: Recall of Commissioner elected by members of
TSRA

"41A.(1) If the Minister receives a valid petition calling for the removal of
the Commissioner who represents the Torres Strait zone, the Minister must
remove that Commissioner from office as soon as possible.

"(2) In this section:
'eligible person' means a person who would be entitled to vote at a TSRA
election;
'sufficient number' means a number that is more than 66% of the Torres Strait
area number;
'valid petition' means a petition:

   (a)  that contains the signatures of a sufficient number of persons who
        were eligible persons when they signed the petition; and

   (b)  that sets out legibly:

        (i)    the name of each person who signed the petition; and

        (ii)   the date on which the person signed; and

        (iii)  an address for the person that is sufficient to identify the
               place where the person lives; and

   (c)  all the signatures to which have been affixed within the period of 6
        months immediately before the delivery of the petition to the
        Minister.".
12. Section 55 (Note 1):
After "Commission" insert "or the TSRA".
13. Section 55 (Note 2): After "Commission" (second occurring) insert "or the
TSRA".
14. Section 56 (Note 1):
After "Commission" insert "or the TSRA".
15. Section 56 (Note 2): After "Commission" (second occurring) insert "or the
TSRA".
16. Section 58: Add at the end:

"(2) The Commission must pay to the TSRA money appropriated to the Commission
for the purposes of the TSRA.

"(3) The Minister must consult:

   (a)  the Commission Chairperson; and

   (b)  the Chairperson of the TSRA; and

   (c)  the Commissioner representing the Torres Strait zone; about the amount
        proposed to be appropriated to the Commission for the purposes of the
        TSRA.".
17. Subsection 61(7) (paragraph (a) of the definition of "money of the
Commission"): Add at the end "or".
18. Subsection 61(7) (definition of "money of the Commission"): Add at the
end:

"; or (d) money appropriated for the purposes of the TSRA.".
19. After paragraph 63(4)(f): Insert:

"(fa) the TSRA;".
20. Subsection 63(6):
After "Minister" insert "and the Regional Councils".
21. Subsections 63(7), (8), (9), (10) and (11): Omit the subsections.
22. Subsection 66(2) (paragraph (a) of the definition of "money of the
Commission"): Add at the end "or".
23. Subsection 66(2) (definition of "money of the Commission"): Add at the
end:

"; or (d) money appropriated for the purposes of the TSRA.".
24. Paragraph 76(1)(a): Add at the end:

"(iv) the TSRA;".
25. Paragraph 76(1)(b): Add at the end:

"(v) the TSRA;".
26. After paragraph 76(1)(j): Insert:

"(ja) when requested to do so by the Minister or the TSRA, to evaluate or
audit the activities of an individual who has received one or more grants or
loans from the TSRA, but only to the extent that the evaluation or audit
concerns those grants or loans;

   (jb) when requested to do so by the Minister or the TSRA, to evaluate or
        audit the operations of a body corporate that has received one or more
        grants or loans from the TSRA, but only to the extent that the
        evaluation or audit concerns those grants or loans;

   (jc) when requested to do so by the Minister or the TSRA, to evaluate or
        audit the operations of an unincorporated body that has received one
        or more grants or loans from the TSRA, but only to the extent that the
        evaluation or audit concerns those grants or loans;

   (jd) when requested to do so by the Minister or the TSRA, to evaluate or
        audit the activities of a borrower, being an individual one or more of
        whose loans have been guaranteed by the TSRA, but only to the extent
        that the evaluation or audit concerns those guarantees;

   (je) when requested to do so by the Minister or the TSRA, to evaluate or
        audit the operations of a borrower, being a body corporate one or more
        of whose loans have been guaranteed by the TSRA, but only to the
        extent that the evaluation or audit concerns those guarantees;

   (jf) when requested to do so by the Minister or the TSRA, to evaluate or
        audit the operations of a borrower, being an unincorporated body one
        or more of whose loans have been guaranteed by the TSRA, but only to
        the extent that the evaluation or audit concerns those guarantees;".
27. After paragraph 76(1)(n): Insert:

"(na) to report on evaluations and audits conducted in accordance with
paragraph (ja), (jb), (jc), (jd), (je) or (jf), in writing, to the TSRA and
the Minister at least every 3 months;".
28. Subsection 76(1): Add at the end:

"(p) to tell the Minister and the TSRA about particular problems that have
arisen or may arise in relation to:

        (i)    the operations of the TSRA; or

        (ii)   the operations of any other body that exercises powers,
               performs functions or receives money under Part 3A; or

        (iii)  the activities of an individual who receives money under Part
               3A.".
29. Paragraph 78A(1)(a): Omit "or (g)", substitute ", (g), (jb) or (jc)".
30. Paragraph 78A(1)(b): Add at the end "or (ja)".
31. Heading to Division 10 of Part 2: Omit "Special provisions relating to".
32. Section 79: Repeal the section.
33. Paragraphs 81(1)(a) and (b): After "Commission," insert "by the TSRA,".
34. Paragraph 81(1)(c):
After "Commission," insert "the TSRA".
35. Subsection 81(2):
Omit "on the Australian mainland", substitute "outside the Torres Strait
area".
36. Subsection 83(1):

   (a)  Omit ", the Commission and the Regional Council for the Torres Strait
        region", substitute "and the Commission".

   (b)  Add at the end "living outside the Torres Strait area".
37. Subsection 83(2): Omit ", the Commission or the Regional Council",
substitute "or the Commission".
38. Paragraph 84(1)(a): Omit all the words after "Minister,", substitute
"being the Commissioner who represents the Torres Strait zone; and".
39. Section 88: Repeal the section.
40. Subsection 90(1): Add at the end:

"; or (k) a member of the TSRA; or

   (l)  a member of an advisory committee established under section 142M; or

   (m)  the TSRA General Manager; or

   (n)  a member of the staff of the TSRA; or

   (o)  engaged as a consultant under section 144T; or

   (p)  a TSRA Administrator.".
41. Subsection 91(1): Omit "Australia", substitute "so much of Australia as
does not consist of the Torres Strait area".
42. Subsection 91(1): Omit "36", substitute "35".
43. Paraagraph 94(1)(b):
After "Commission," insert "the TSRA,".
44. Paragraph 94(1)(d):

   (a)  After "Commission" (first occurring) insert "and the TSRA".
(b) After "Commission," insert "the TSRA,".
45. Paragraph 102(1)(c): Add at the end "or the TSRA".
46. Subsections 103(1) and (2): Omit "For the purposes of this Act",
substitute "For the purposes of the application of this Act to the
Commission".
47. Section 104A: Repeal the section.
48. Subsection 115(1): Omit "Subject to any notice in force under section 116,
each", substitute

"Each".
49. Section 116: Repeal the section.
50. Subsection 121(3): Add at the end "or the TSRA".
51. Subsection 130(1): Omit the subsection, substitute:

"(1) For the purposes of this Act:

   (a)  the regions are grouped, as shown in Schedule 1, into the zones set
        out in column A of that Schedule; and

   (b)  the Torres Strait area is a zone known as the Torres Strait zone.".
52. After subsection 131(1): Insert:

"(1A) The members of the TSRA must elect one of their number to represent the
Torres Strait zone.".
53. Paragraph 131(2)(b): Add at the end "or 41A".
54. Subsection 131(2):
After "(1)" insert "or (1A)".
55. Subsection 132(1):
After "Zone elections" insert "(other than zone elections for the Torres
Strait zone)".
56. After subsection 132(1): Insert:

"(1A) A zone election for the Torres Strait zone is to be conducted in
accordance with:

   (a)  the provisions of this Act; and

   (b)  the zone election rules in force at the end of the election period in
        relation to the last TSRA election.".
57. Section 133:
(a) After "zone elections" insert "(other than zone elections for the Torres
Strait zone)".

   (b)  Add at the end:

"(2) Each zone election for the Torres Strait zone must be held as soon as
practicable, and in any case within 3 months, after the end of the election
period in relation to a TSRA election.".
58. Section 140:
After "Regional Council election" insert ", a TSRA election".
59. After subparagraph 141(3)(a)(i): Insert:

"(ia) the TSRA electoral system;".
60. Subsection 141(4):
After "Regional Council election rules" insert ", the TSRA election rules".
61. After paragraph 141(5)(a): Insert:

"(aa) the TSRA;".
62. Paragraph 141A(1)(c):
After "Commissioner" insert ", a member of the TSRA".
63. Paragraph 141S(1)(d):
After "Commissioner" insert ", a member of the TSRA".
64. After section 195: Insert: Review by TSRA of delegates' decisions

"195A.(1) If a delegate of the TSRA:

   (a)  refuses a loan under section 142F to an individual; or

   (b)  refuses to give a guarantee under section 142G in respect of a loan
        made or to be made to an individual; the individual may, within 30
        days after being notified of the refusal, request the TSRA to
        reconsider the matter.

"(2) If a request is made, the TSRA must reconsider the matter and must decide
whether to make the loan or to give the guarantee.".
65. After section 196: Insert: Review by Administrative Appeals Tribunal

"196A.(1) An application may be made to the Administrative Appeals Tribunal
for review of:

   (a)  a decision made by the TSRA to refuse a loan under section 142F to an
        individual; or

   (b)  a decision made by the TSRA to refuse to give a guarantee under
        section 142G in respect of a loan made or to be made to an individual;
        or

   (c)  a decision made by the TSRA to give notice to a person or body under
        subsection 142H(1) or (3); or

   (d)  a decision of the TSRA to make a declaration under subsection 143R(1);
        or

   (e)  any other decision of the TSRA included in a class of decisions
        declared by the regulations to be reviewable decisions for the
        purposes of this section; or

   (f)  any decision made under the TSRA election rules included in a class of
        decisions declared by the regulations to be reviewable decisions for
        the purposes of this section.

"(2) If the TSRA notifies a person of a decision of a kind referred to
subsection (1), the notice must include a statement to the effect that,
subject to the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for review of the decision by or
on behalf of a person whose interests are affected by the decision.

"(3) A failure to comply with subsection (2) in relation to a decision does
not affect the validity of the decision.

"(4) In this section:
'decision made by the TSRA' does not include a decision made by a delegate of
the TSRA.".
66. Paragraph 199(9)(a):
After "Regional Council election rules" insert ", the TSRA election rules".
67. Paragraph 199(9)(b):
After "Regional Council election rules" insert ", the TSRA election rules".
68. Subsection 201(1):
After "Regional Council election rules" insert ", the TSRA election rules".
69. Paragraph 201(2)(b): Omit "or 127J", substitute ",127J, 143L or 144D".
70. Paragraph 201(2)(c):
(a) After "subsection 195(1)" insert "or subsection 195A(1)".

   (b)  Add at the end "or subsection 195A(2)".
71. Schedule 1 (column A): Omit "Torres Strait".
72. Schedule 1 (column B): Omit "Thursday Island".
AMENDMENTS OF OTHER ACTS CONSEQUENTIAL ON THE ESTABLISHMENT
OF THE TORRES STRAIT REGIONAL AUTHORITY
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
1. Section 3: Insert:

" 'TSRA' means the Torres Strait Regional Authority established by Part 3A of
the Commission Act.".
2. Subsection 42(2):
After "Commission" insert "and the TSRA".
3. Subsection 42(3):

   (a)  After "Commission" (first occurring) insert "or the TSRA".

   (b)  After "Commission" (last occurring) insert "or the TSRA, as the case
        may be,".
4. Subsection 43(1): Omit "or the Commission", substitute ", the Commission or
the TSRA".
5. Paragraph 43(2)(b): Add at the end "or the TSRA". Council for Aboriginal
Reconciliation Act 1991
6. After paragraph 6(2)(a): Insert:

"(aa) have regard to the fact that the Torres Strait Regional Authority has,
under the Aboriginal and Torres Strait Islander Commission Act 1989, specific
functions and responsibilities in relation to matters involving Torres Strait
Islanders, and Aborigines, living in the Torres Strait area (within the
meaning of that Act); and".
7. Paragraph 6(2)(b): Omit "and Torres Strait Islanders", substitute ", and
Torres Strait Islanders, living outside the Torres Strait area (within the
meaning of that Act)".
8. After paragraph 6(2)(b): Insert:

"(ba) make use of the Torres Strait Regional Authority established under the
Aboriginal and Torres Strait Islander Commission Act 1989 as the principal
means of facilitating consultation with Torres Strait Islanders, and
Aborigines, living in the Torres Strait area (within the meaning of that Act);
and". Public Service Act 1922
9. Paragraph 47C(1A)(a): After "Commission" (first occurring) insert "or the
Torres Strait Regional Authority".
10. Subparagraph 47C(1A)(a)(i): Add at the end "or as a member of the Torres
Strait Regional Authority established under Part 3A of that Act".
11. Paragraph 82B(1A)(a): After "Commission" (first occurring) insert "or the
Torres Strait Regional Authority".
12. Subparagraph 82B(1A)(a)(i): Add at the end "or as a member of the Torres
Strait Regional Authority established under Part 3A of that Act".
13. Subsection 82B(1A): After "Commission" (last occurring) insert "or the
Torres Strait Regional Authority, as the case requires,".
Remuneration Tribunal Act 1973
14. After paragraph 7(9)(ac): Insert:

"(acaa) in the case of remuneration or allowances payable to a person who
holds an office or appointment under Part 3A of the Aboriginal and Torres
Strait Islander Commission Act 1989-be paid in accordance with the
determination out of money of the Torres Strait Regional Authority that is
lawfully available to pay the remuneration or allowances;".
Sales Tax (Exemptions and Classifications) Act 1992
15. Schedule 1 (Item 130): After paragraph (a) insert:

"(aa) the Torres Strait Regional Authority;".
AMENDMENTS RELATING TO THE REDUCTION IN THE NUMBER
OF COMMISSIONERS
1. Subsection 4(1) (definition of "Commission Chairperson"):
Omit "appointed under section 27", substitute "elected under section 31A".
2. Subsection 4(1) (definitions of "elected Commissioner" and "non-elected
Commissioner"): Omit the definitions.
3. After section 31: Insert: Commission Chairperson

"31A.(1) At the first meeting of the Commission after a zone election (other
than an election for the Torres Strait zone), the Commissioners must elect one
of their number to be the Commission Chairperson.

"(2) At any other meeting of the Commission, the Commissioners must elect one
of their number to be the Commission Chairperson if there is a vacancy in that
office.".
4. Subsections 33(1) and (1A): Omit the subsections, substitute:

"(1) The Commission Chairperson holds office as Commission Chairperson until:

   (a)  he or she ceases to be a Commissioner; or

   (b)  another person is elected as the Chairperson under section 31A;
        whichever happens first.".
5. Subsection 33(1C): Omit the subsection.
6. Paragraph 36(1)(a):
Omit "an appointment has previously been made to the office", substitute "a
person has previously been elected as Commission Chairperson".
7. Subsections 36(4) and (5): Omit the subsections.
8. Subsection 36(6):
(a) Omit "an elected", substitute "a".
(b) Omit "the elected", substitute "the".
9. Subsection 39(2):
Omit "An elected", substitute "A".
10. Subsection 40(6):
Omit "an elected", substitute "a".
11. Subsection 44(3): Omit "8", substitute "7".
12. Subsection 44(4): Omit "12", substitute "11".
13. Paragraph 44(5)(c): Omit "8", substitute "7".
14. Paragraph 138(1)(b):
Omit "elected".
NOTES ABOUT SECTION HEADINGS
1. On the day on which Part 28 of this Act commences, the heading to section
41 of the Principal Act is altered by adding at the end "(other than
Commissioner representing the Torres Strait zone)".
2. On the day on which Part 28 of this Act commences, the heading to section
42 of the Australian Institute of Aboriginal and Torres Strait Islander
Studies Act 1989 is altered by omitting "and Commission" and substituting ",
Commission and TSRA".
3. On the day on which Part 28 of this Act commences, the heading to section
43 of the Australian Institute of Aboriginal and Torres Strait Islander
Studies Act 1989 is altered by omitting "or Commission" and substituting ",
Commission or TSRA".
NOTE ABOUT SUBSECTION HEADING
1. On the day on which this Act receives the Royal Assent, the following
heading to subsection 45(1) of the Principal Act is inserted:

"Delegation of certain functions and powers".
NOTE ABOUT SCHEDULE CLAUSE HEADING
1. On the day on which Part 28 of this Act commences, the heading to clause 22
of Schedule 4 to the Principal Act is altered by inserting ", TSRA" after

"Commission".