Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 71

71. After section 123 of the Principal Act the following section is inserted:
Removal of Regional Councillors if Regional Council contravenes certain
statutory obligations

"123A.(1) If a Regional Council:

   (a)  refuses or fails to perform the functions conferred on it by paragraph
        94(1)(a) (which relates to regional plans); or

   (b)  refuses or fails to comply with section 97 (which deals with draft
        budgets); or

   (c)  refuses or fails to comply with section 99 (which deals with annual
        reports); the Commission may, by notice in the Gazette:

   (d)  remove the Regional Councillors from office; and

   (e)  appoint an Administrator to administer the affairs of the Regional
        Council.

"(2) The Commission must not remove the Regional Councillors from office
unless the Commission has:

   (a)  by written notice served on the Regional Councillors:

        (i)    given the Regional Councillors 28 days within which to show
               cause why they should not be removed; and

        (ii)   given reasons for the removal; and

   (b)  told the Minister that it intends to so remove the Regional
        Councillors.

"(3) If:

   (a)  on a particular day (the 'appointment day'), the Commission makes a
        decision under subsection (1) to:

        (i)    remove Regional Councillors from office; and

        (ii)   appoint an Administrator to administer the affairs of the
               Regional Council concerned; and

   (b)  on a later day (the 'review day'), a court or the Administrative
        Appeals Tribunal makes a decision or order quashing or setting aside
        the decision of the Commission; anything done, or omitted to be done,
        by the Administrator during the period:

   (c)  beginning on the appointment day; and

   (d)  ending on whichever is the later of the following days:

        (i)    the review day;

        (ii)   the day on which the decision or order of the court or the
               Administrative Appeals Tribunal takes effect; is as valid as it
               would have been if the decision of the Commission had been
               validly made and had not been quashed or set aside.".