Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 76

76. After Part 3 of the Principal Act the following Part is inserted:
           "PART 3A-TORRES STRAIT REGIONAL AUTHORITY


"Division 1-Torres Strait Regional Authority Torres Strait Regional Authority

"142.(1) A Torres Strait Regional Authority is established.

"(2) The TSRA:

   (a)  is a body corporate, with perpetual succession; and

   (b)  is to have a common seal; and

   (c)  may acquire, hold and dispose of real and personal property; and

   (d)  may sue and be sued in its corporate name.

"(3) The common seal of the TSRA is to be kept in such custody as the TSRA
directs and must not be used except as authorised by the TSRA.

"(4) All courts, judges and persons acting judicially must:

   (a)  take judicial notice of the imprint of the common seal of the TSRA
        appearing on a document; and

   (b)  presume that the imprint was duly affixed.
                 "Division 2-Functions of TSRA
Functions of TSRA Functions

"142A.(1) The TSRA has the following functions:

   (a)  to recognise and maintain the special and unique Ailan Kastom of
        Torres Strait Islanders living in the Torres Strait area;

   (b)  to formulate and implement programs for Torres Strait Islanders, and
        Aboriginal persons, living in the Torres Strait area;

   (c)  to monitor the effectiveness of programs for Torres Strait Islanders,
        and Aboriginal persons, living in the Torres Strait area, including
        programs conducted by other bodies;

   (d)  to develop policy proposals to meet national, State and regional needs
        and priorities of Torres Strait Islanders, and Aboriginal persons,
        living in the Torres Strait area;

   (e)  to assist, advise and co-operate with Torres Strait Islander and
        Aboriginal communities, organisations and individuals at national,
        State, Territory and regional levels;

   (f)  to advise the Minister on:

        (i)    matters relating to Torres Strait Islander affairs, and
               Aboriginal affairs, in the Torres Strait area, including the
               administration of legislation;

        (ii)   the co-ordination of the activities of other Commonwealth
               bodies that affect Torres Strait Islanders, or Aboriginal
               persons, living in the Torres Strait area;

   (g)  when requested by the Minister, to provide information or advice to
        the Minister on any matter specified by the Minister;

   (h)  to take such reasonable action as it considers necessary to protect
        Torres Strait Islander and Aboriginal cultural material and
        information relating to the Torres Strait area if the material or
        information is considered sacred or otherwise significant by Torres
        Strait Islanders or Aboriginal persons;

   (i)  at the request of, or with the agreement of, the Australian Bureau of
        Statistics but not otherwise, to collect and publish statistical
        information relating to Torres Strait Islanders, and Aboriginal
        persons, living in the Torres Strait area;

   (j)  such other functions as are conferred on the TSRA by this Act or any
        other Act;

   (k)  such other functions as are expressly conferred on the TSRA by a law
        of a State or of an internal Territory and in respect of which there
        is in force written approval by the Minister under section 142B;

   (l)  to undertake such research as is necessary to enable the TSRA to
        perform any of its other functions;

   (m)  to do anything else that is incidental or conducive to the performance
        of any of the preceding functions. TSRA not to disregard Aboriginal
        tradition and custom

"(2) The express mention in paragraph (1)(a) of the Ailan Kastom of Torres
Strait Islanders living in the Torres Strait area does not imply that the TSRA
may disregard Aboriginal tradition and custom. Minister may require
information about expenditure

"(3) The information that may be required by the Minister under paragraph
(1)(g) includes, but is not limited to, information about the TSRA's
expenditure. Minister must not specify content of information

"(4) When requesting information under paragraph (1)(g), the Minister must not
specify the content of the information that is to be provided. TSRA must not
disclose certain material or information

"(5) In performing its function under paragraph (1)(h), the TSRA must ensure
that the material or information covered by that paragraph is not disclosed by
the TSRA if that disclosure would be inconsistent with the views or
sensitivities of relevant Torres Strait Islanders or Aboriginal persons. TSRA
must ensure that privacy is not infringed

"(6) In performing its function under paragraph (1)(i), the TSRA must ensure
that the collection and publication of statistical information covered by that
paragraph does not infringe the privacy of any individual. Limitations on
TSRA's function to acquire land

"(7) This Act does not confer on the TSRA a function of acquiring land except:

   (a)  for its administrative purposes; or

   (b)  for the purpose of the performance of functions expressly conferred on
        it by this Act. Minister may approve performance of functions under
        State or Territory laws

"142B. The Minister may, in writing, approve the performance by the TSRA of a
function expressly conferred on the TSRA by a law of a State or an internal
Territory. Powers of TSRA

"142C.(1) The TSRA has power to do all things that are necessary or convenient
to be done for or in connection with the performance of its functions.

"(2) The powers of the TSRA include, but are not limited to, the following
powers:

   (a)  to accept gifts, grants, bequests and devises made to it;

   (b)  to act as trustee of money and other property vested in it on trust.

"(3) Despite anything in this Act, any money or other property held by the
TSRA on trust must be dealt with in accordance with the powers and duties of
the TSRA as trustee.

"(4) The powers of the TSRA may be exercised in or out of Australia. Torres
Strait Development Plan

"142D.(1) The TSRA must formulate, and revise from time to time, a plan to be
known as the Torres Strait Development Plan (the 'Plan').

"(2) The aim of the Plan is to improve the economic, social and cultural
status of Torres Strait Islanders, and Aboriginal persons, living in the
Torres Strait area.

"(3) The Plan must outline the strategies and policies that the TSRA intends
to adopt in order to implement the Plan, including, but not limited to, a
marine strategy for the Torres Strait area.

"(4) Each Plan must relate to a period of at least 3 years and not more than 5
years.

"(5) The TSRA must review the Plan regularly.

"(6) The TSRA must perform its functions under this section in consultation
with the Minister.

"(7) Without limiting the operation of the Freedom of Information Act 1982,
the TSRA General Manager must ensure that copies of the Plan as in force from
time to time are available for inspection and purchase at each office of the
TSRA.

"(8) The TSRA General Manager must cause notice of the publication of the Plan
to be published in the Gazette. Directions by Minister

"142E.(1) The TSRA must perform its functions and exercise its powers in
accordance with any general written directions given to it by the Minister.

"(2) The Minister must not give directions about the content of any advice,
information or recommendation that may be given by the TSRA to a Minister,
Department of State or authority of the Commonwealth.

"(3) The Minister must not give directions about the content of any advice,
information or recommendation that may be given by the TSRA to:

   (a)  a Minister of a State or Territory; or

   (b)  a Department of State of a State or Territory; or

   (c)  an authority of a State or Territory; except for the purpose of
        protecting the confidentiality of information given to the TSRA by the
        Commonwealth or an authority of the Commonwealth.

"(4) Subject to subsection (5), the Minister must cause a copy of a direction
to be laid before each House of the Parliament within 15 sitting days of that
House after that direction was given.

"(5) The rule in subsection (4) does not apply if the laying of a copy of a
direction before each House of the Parliament would result in the disclosure
of a matter in a manner that would be inconsistent with the views or
sensitivities of Torres Strait Islanders or Aboriginal persons.

"Division 3-General funding powers of TSRA TSRA may make grants and loans

"142F.(1) The TSRA may:

   (a)  make a grant of money; or

   (b)  grant an interest in land; or

   (c)  grant an interest in personal property; or

   (d)  make a loan of money (whether secured or unsecured); to:

   (e)  an individual; or

   (f)  a body corporate (other than a Regional Council); or

   (g)  an unincorporated body; for the purpose of furthering the social,
        economic or cultural development of Torres Strait Islanders, or
        Aboriginal persons, living in the Torres Strait area.

"(2) A grant or loan is subject to such terms and conditions as the TSRA
determines.

"(3) The TSRA may acquire by agreement an interest in land, or personal
property, for the purpose of making a grant under this section. TSRA may give
guarantees

"142G.(1) If the TSRA is satisfied that the purpose of a loan made or to be
made to:

   (a)  an individual; or

   (b)  a body corporate; or

   (c)  an unincorporated body; is a purpose for which the TSRA could, in the
        performance of its functions, make a loan to that borrower, the TSRA
        may guarantee the due payment of all money (including interest)
        payable by the borrower in accordance with the terms and conditions of
        the loan.

"(2) The TSRA's power to give guarantees is subject to such limits as the
Treasurer determines as to the total amount of money (other than interest) the
payment of which may at any time be the subject of guarantees.

"(3) A guarantee is subject to such terms and conditions as the TSRA
determines. Grants and loans to be repayable if conditions breached etc.

"142H.(1) The TSRA may give written notice to an individual or body to whom a
grant has been made under this Part, stating that the TSRA is satisfied that
the individual or body has failed to fulfil a term or condition of the grant.

"(2) An individual or body who is given notice under subsection (1) is liable
to pay to the TSRA an amount equal to:

   (a)  the amount of the grant; or

   (b)  so much of the grant as the TSRA specifies in the notice.

"(3) The TSRA may give written notice to an individual or body to whom a loan
has been made under this Part, stating that the TSRA is satisfied that the
individual or body has failed to fulfil a term or condition of the loan.

"(4) An individual or body who is given notice under subsection (3) is liable
to pay to the TSRA, immediately, an amount equal to the sum of:

   (a)  so much of the amount of the loan as has not yet been repaid; and

   (b)  any accrued interest that has not been paid; or so much of that amount
        as the TSRA specifies in the notice. Restriction on right to dispose
        of interest in land

"142J.(1) This section applies if:

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

   (b)  any of the following applies:

        (i)    the interest was acquired using money granted to the individual
               or body by the TSRA under paragraph 142F(1)(a);

        (ii)   the interest was acquired from the TSRA under paragraph
               142F(1)(b);

        (iii)  the acquisition of the interest was financed by a loan that was
               guaranteed by the TSRA under section 142G.

"(2) The individual or body must not dispose of the interest without the
TSRA's written consent.

"(3) If the individual or body purports to dispose of the interest without the
TSRA's written consent, the purported disposition is of no effect. TSRA to
formulate decision-making principles about grants, loans and guarantees

"142K.(1) The TSRA must formulate principles (the 'decision-making
principles'), not inconsistent with the objects of this Act, about:

   (a)  the making of grants and loans under section 142F; and

   (b)  the giving of guarantees under section 142G.

"(2) Subject to section 144ZD, the TSRA must perform its functions and
exercise its powers under sections 142F and 142G in accordance with applicable
provisions of the decision-making principles in force from time to time.

"(3) Without limiting the operation of the Freedom of Information Act 1982,
the TSRA General Manager must ensure that copies of the decision-making
principles as in force from time to time are available for inspection and
purchase at each of the TSRA's offices.

"(4) The TSRA General Manager must cause notice of the making of
decision-making principles to be published in the Gazette. Review of operation
of Part etc.

"142L.(1) The TSRA may, from time to time:

   (a)  review such aspects of the operation of:

        (i)    this Part; and

        (ii)   the remaining provisions of this Act, in so far as they relate
               to the TSRA; as the TSRA determines in writing; and

   (b)  report to the Minister accordingly.

"(2) The TSRA must not review a matter mentioned in section 141.

"(3) The report to the Minister may include suggestions for amendments of this
Act to solve problems identified in the report.

"(4) The Minister must cause copies of the report to be laid before each House
of the Parliament within 15 sitting days of that House after its receipt by
the Minister.

"(5) This section does not, by implication, limit the powers of the Commission
under section 26. Advisory committees

"142M.(1) The TSRA may establish one or more advisory committees to advise the
TSRA in relation to the performance of the TSRA's functions.

"(2) An advisory committee may include members of the TSRA.

"(3) A member of an advisory committee is entitled to remuneration and
allowances in accordance with section 194.

"(4) A member of an advisory committee holds office on such terms and
conditions (if any) in respect of matters not provided for by this Act as are
determined by the TSRA by notice in the Gazette. Advisory committee-disclosure
of interests at meetings

"142N.(1) A member of an advisory committee established under section 142M who
has a direct or indirect pecuniary interest in a matter being considered or
about to be considered by the committee must, as soon as possible after the
relevant facts have come to the member's knowledge, disclose the nature of the
interest at a meeting of the committee.

"(2) A disclosure under subsection (1) must be recorded in the minutes of the
meeting of the committee. Advisory committee-member's appointment to be
terminated for non-disclosure of interests

"142P.(1) This section applies to an advisory committee established under
section 142M.

"(2) The TSRA must terminate the appointment of a member of a committee if the
member fails, without reasonable excuse, to comply with section 142N.

"(3) Subsection (2) does not, by implication, limit the TSRA's power to
terminate the appointment of a member of a committee. Advisory
committee-resignation

"142Q. A member of an advisory committee established under section 142M may
resign from the committee by writing signed by the member and sent to the
TSRA.
              "Division 4-Constitution of TSRA
Constitution of TSRA

"142R.(1) Subject to any notice in force under section 142S, the TSRA consists
of the eligible number of members elected in accordance with Division 5 of
this Part.

"(2) The performance of the functions or the exercise of the powers of the
TSRA is not affected by reason only that there are fewer than the eligible
number of members of the TSRA because:

   (a)  there were fewer than the eligible number of candidates for election
        to the TSRA at the last election for the TSRA; or

   (b)  a casual vacancy in the membership of the TSRA has occurred and has
        not yet been filled, or is not able to be filled, in accordance with
        the TSRA election rules.

"(3) If there are fewer than 7 members of the TSRA, the Minister may, subject
to subsection (4), by notice in the Gazette:

   (a)  remove the remaining members (if any) of the TSRA from office; and

   (b)  appoint a TSRA Administrator to administer the affairs of the TSRA.

"(4) Subsection (3) does not apply if:

   (a)  there are casual vacancies in the membership of the TSRA; and

   (b)  some or all of those vacancies will be able to be filled in accordance
        with the TSRA election rules; and

   (c)  when those casual vacancies are filled, the TSRA will have at least 7
        members. Minister may determine manner of representation on TSRA

"142S.(1) The Minister may, by notice in the Gazette, declare that he or she
is satisfied that the TSRA would best be able to represent the Torres Strait
Islanders, and Aboriginal persons, living in the Torres Strait area if it
consisted of, or included, persons elected to represent particular communities
in that area under the Queensland Act.

"(2) The notice must also set out details of how the TSRA is to be constituted
and, without limiting the generality of the foregoing, may make any of the
following provisions:

   (a)  provision for some or all of the members of the TSRA to be persons
        elected under the Queensland Act to represent particular communities
        in the Torres Strait area;

   (b)  provision for some of the members of the TSRA to be elected under this
        Act to represent particular communities in the Torres Strait area;

   (c)  provision for the method of election of members of the TSRA to whom
        provisions under paragraph (b) apply;

   (d)  provision for the term of office of members of the TSRA holding office
        under this section.

"(3) The notice may make such other provisions in relation to the constitution
and operation of the TSRA as the Minister thinks necessary.

"(4) A notice under this section has effect according to its terms.

"(5) A notice under this section is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901.
                    "Division 5-TSRA elections
TSRA elections

"142T. The Australian Electoral Commission is to conduct TSRA elections in
accordance with:

   (a)  this Act; and

   (b)  the TSRA election rules in force at the beginning of the election
        period. People entitled to vote at TSRA elections

"142U. A person is entitled to vote at an election for the members of the TSRA
if and only if:

   (a)  the person is a Torres Strait Islander or an Aboriginal person; and

   (b)  either:

        (i)    the person's name is on the Commonwealth Electoral Roll and the
               person's place of living as shown on that Roll is within the
               Torres Strait area; or

        (ii)   the person is entitled to vote at the election under rules made
               under subsection 143G(3). People qualified to be elected to
               the TSRA

"142V.(1) A person is not qualified to stand for election, or to be elected,
as a member of the TSRA if:

   (a)  the person is not entitled to vote at the TSRA election; or

   (b)  the person is a member of the staff of, or a consultant to, the TSRA
        or the Commission; or

   (c)  the person is bankrupt; or

   (d)  there is in operation a composition, deed of arrangement or deed of
        assignment with the person's creditors under the law relating to
        bankruptcy; or

   (e)  subject to subsection (2), the person has been convicted of an offence
        against a Commonwealth, State or Territory law and sentenced to
        imprisonment for one year or longer; or

   (f)  subject to subsection (2), the person has been convicted of an offence
        against a Commonwealth, State or Territory law involving dishonesty
        and sentenced to imprisonment for 3 months or longer.

"(2) Despite subsection (1), a person covered by paragraph (1)(e) or (f) is
not disqualified by that paragraph from standing for election, or being
elected, as a member of the TSRA if:

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

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

   (c)  in any case-the Federal Court of Australia, on application by the
        person, declares that despite the person's conviction, he or she ought
        not to be disqualified from standing for election, or being elected,
        as a member of the TSRA.

"(3) The Federal Court of Australia has jurisdiction with respect to matters
arising under subsection (2). Term of office of members of TSRA

"142W.(1) Persons elected, or declared to have been elected, as members of the
TSRA otherwise than at a by-election to fill a casual vacancy:

   (a)  take office as members at the end of the election period concerned;
        and

   (b)  hold office, subject to this Part, until the end of the next election
        period.

"(2) A person elected, or declared to have been elected, as a member of the
TSRA at a by-election to fill a casual vacancy:

   (a)  takes office as member immediately after the day on which the poll is
        declared in relation to that by-election; and

   (b)  holds office, subject to this Part, until immediately before the last
        day on which a poll is declared in relation to the next TSRA election.
        Errors in Commonwealth Electoral Roll not to affect entitlements

"142X.(1) For the purposes of the application of this Act to the TSRA, a
person's name is taken to be on the Commonwealth Electoral Roll if the name on
the Roll is, in the opinion of an authorised electoral officer, sufficient to
identify the person, even if:

   (a)  a given name of the person has been omitted from the Roll; or

   (b)  a wrong given name has been entered on the Roll; or

   (c)  the person's surname has been misspelt on the Roll; or

   (d)  the Roll does not show the person's correct address.

"(2) For the purposes of the application of this Act to the TSRA, a person's
name is taken to be on the Commonwealth Electoral Roll even if his or her name
as shown on that Roll has been changed because of his or her marriage. Timing
of TSRA elections

"142Y.(1) Subject to this section, TSRA elections must be held every 3 years
during periods determined under the TSRA election rules having regard to the
day or days fixed for the polling in accordance with this section.

"(2) The Minister must, by written notice, fix a day or days for the polling
in each TSRA election.

"(3) The polling day or days for each TSRA election must be not later than the
anniversary in the third calendar year, and each later third calendar year, of
the day in 1994 on which the triennial election for an Island Council is held
under the Queensland Act. Polling places

"142Z.(1) The Electoral Commissioner must, by written notice, appoint by name
such polling places as he or she considers necessary for the Torres Strait
area.

"(2) The Electoral Commissioner must give a copy of the notice relating to
elections for the TSRA to the Minister and the TSRA.

"(3) The TSRA must take reasonable steps to ensure that a copy of the most
recent notice appointing polling places for an election is available for
inspection at each office of the TSRA. Fixing of election days, and location
of polling places, to be notified in the Gazette

"143.(1) The Minister must cause a copy of the notice under subsection 142Y(2)
fixing a polling day or polling days for a TSRA election to be published in
the Gazette at least 90 days before the day, or the first of the days, so
fixed.

"(2) The Minister must cause to be published, together with the copy referred
to in subsection (1):

   (a)  a copy of the most recent notice appointing polling places under
        section 142Z; and

   (b)  a notice setting out an estimate by the Minister, in relation to the
        Torres Strait area, of:

        (i)    the number of persons who will be entitled to vote at the
               forthcoming TSRA election; and

        (ii)   the number of persons living in that area who are Torres Strait
               Islanders or Aboriginal persons.

"(3) A failure by the Minister to comply with this section does not invalidate
the fixing of the day or days, or the appointing of the polling places, as the
case requires. Effect of nominations

"143A.(1) If the number of candidates nominated for election to the TSRA is
equal to or less than the eligible number, an authorised electoral officer
must declare the candidates nominated to be duly elected.

"(2) A poll must be held if the number of candidates nominated for election to
the TSRA is more than the eligible number. Voting not compulsory

"143B. Voting at TSRA elections is not compulsory. Voting by secret ballot

"143C. Voting at TSRA elections must be by secret ballot. Voting

"143D.(1) A voter must cast a vote at a TSRA election by marking the ballot
paper to show the order of the voter's preference for the candidates.

"(2) A ballot paper is formal if, and only if:

   (a)  an authorised electoral officer is satisfied that it is an authentic
        ballot paper; and

   (b)  it indicates the voter's first preference for one, and only one,
        candidate; and

   (c)  it does not have any identifying mark on it.

"(3) A ballot paper that is formal must be given effect according to the
voter's intention so far as that intention is clear.

"(4) In this section:
'identifying mark' means writing or another mark by which, in the opinion of
an authorised electoral officer, the voter can be identified, but does not
include writing or another mark placed on the ballot paper (whether or not in
contravention of any law) by a person involved in conducting the election.
Counting of votes and election of candidates

"143E. Votes cast at a TSRA election must be counted, and candidates must be
elected, as provided in Schedule 2B and in the TSRA election rules. General
obligation to inform people about elections

"143F. In addition to its specific obligations in relation to TSRA elections,
the Australian Electoral Commission must take any steps that it considers
reasonable to inform people who are, or may be, entitled to vote at TSRA
elections about:

   (a)  their eligibility to vote; and

   (b)  the dates and times fixed for polling; and

   (c)  the locations of polling places; and

   (d)  any other matters about the conduct of TSRA elections that the
        Australian Electoral Commission considers significant. Rules for
        conduct of elections Minister may make rules

"143G.(1) The Minister may, after consulting the Aboriginal and Torres Strait
Islander Commission and the Electoral Commissioner, make rules, not
inconsistent with this Act, prescribing:

   (a)  the manner in which TSRA elections are to be conducted (including, but
        not limited to, elections conducted because previous elections have
        been declared to be void); and

   (b)  the manner in which casual vacancies in the TSRA are to be filled
        (including, but not limited to, the holding of by-elections). Matters
        that may be dealt with in rules

"(2) The matters that may be dealt with in the rules include, but are not
limited to, the following matters:

   (a)  the use of an electoral roll or voter cards to establish an
        entitlement to vote or to make a record of the people who have cast
        votes;

   (b)  the functions of Torres Strait Islander and Aboriginal liaison
        officers in connection with the determination of a person's
        entitlement to vote;

   (c)  the nomination of candidates for election;

   (d)  ballot papers and forms;

   (e)  postal voting;

   (f)  mobile polling, including the appointment and duties of mobile polling
        teams and matters relating to polling by such teams;

   (g)  confidentiality of voting;

   (h)  the employment by the Australian Electoral Commission of staff,
        including polling staff, in connection with elections;

   (i)  the scrutiny and counting of votes;

   (j)  the declaration of the poll. Rules may deal with situations where
        persons would otherwise not be entitled to vote

"(3) The rules may make provision entitling Torres Strait Islanders and
Aboriginal persons to vote at TSRA elections even if they would not be
entitled so to vote under subparagraph 142U(b)(i) and, without limiting the
generality of the foregoing, may make provision about the following matters:

   (a)  the determination of whether a person is entitled to vote if:

        (i)    the person's name is on the Commonwealth Electoral Roll; but

        (ii)   because of the Commonwealth Electoral Act 1918, the person's
               place of living or address is not shown on the Commonwealth
               Electoral Roll;

   (b)  how a vote cast by a person is to be dealt with if:

        (i)    the person was entitled to have his or her name on the
               Commonwealth Electoral Roll; but

        (ii)   the person's name was not on that Roll because of a mistake by
               a person exercising powers or performing functions under the
               Commonwealth Electoral Act 1918;

   (c)  the casting of a provisional vote by a person whose name does not, on
        the polling day, appear to be on the Commonwealth Electoral Roll;

   (d)  the circumstances in which a provisional vote cast under rules made
        under paragraph (c) is to be accepted. Penalties for breach of rules

"(4) The rules may provide penalties for breaches of the rules not exceeding
10 penalty units. Penalty under Commonwealth Electoral Act 1918 may be
substituted for penalty under rules

"(5) If:

   (a)  the rules create an offence in relation to TSRA elections ('TSRA
        election offence') that corresponds to an offence under the
        Commonwealth Electoral Act 1918 ('Commonwealth election offence'); and

   (b)  the maximum pecuniary penalty for the Commonwealth election offence is
        more than the penalty that, by subsection (4), could be imposed for a
        breach of the rules; the rules may provide a maximum penalty for the
        TSRA election offence not exceeding the maximum pecuniary penalty for
        the corresponding Commonwealth election offence. However, nothing in
        this subsection enables the rules to provide penalties of
        imprisonment. Minister to have regard to desirability of TSRA
        elections being conducted in a manner similar to elections for the
        Parliament

"(6) In making rules, the Minister must have regard to the desirability of
providing for TSRA elections to be conducted in a manner similar to the manner
in which elections for the Parliament are conducted, with the aim of
increasing the understanding of, and participation in, elections for the
Parliament by Torres Strait Islanders, and Aboriginal persons, living in the
Torres Strait area. Rules may take account of special circumstances

"(7) Subsection (6) does not prevent the Minister making rules:

   (a)  that take account of the special circumstances of Torres Strait
        Islanders, or Aboriginal persons, living in the Torres Strait area; or

   (b)  that will enable significant reductions in the costs of conducting
        TSRA elections. Rules are a disallowable instrument

"(8) Rules are a disallowable instrument for the purposes of section 46A of
the Acts Interpretation Act 1901. Authorised electoral officer

"143H. A reference in this Division or Schedule 2B to an authorised electoral
officer is, in relation to a particular TSRA election, a reference to a member
of the staff of the Australian Electoral Commission designated by the
Electoral Commissioner for the purposes of that provision and in relation to
that election.

"Division 6 - Administrative provisions Part-time basis of holding office

"143J. A member of the TSRA (other than the Chairperson) holds office on a
part-time basis. Remuneration and allowances

"143K. A member of the TSRA is entitled to remuneration and allowances in
accordance with section 194. Chairperson and Deputy Chairperson

"143L.(1) The TSRA must, at its first meeting after it is elected, elect from
among its members by secret ballot:

   (a)  a Chairperson; and

   (b)  a Deputy Chairperson.

"(2) The first meeting of the TSRA after it is elected must be held as soon as
practicable after it is elected.

"(3) The TSRA must not elect a Commissioner to be the Chairperson or the
Deputy Chairperson of the TSRA.

"(4) At any other meeting of the TSRA, the TSRA must elect:

   (a)  a new Chairperson if there is a vacancy in the office of Chairperson
        of the TSRA; and

   (b)  a new Deputy Chairperson if there is a vacancy in the office of Deputy
        Chairperson of the TSRA.

"(5) Elections under this section must be conducted in accordance with the
regulations. Acting appointments

"143M.(1) The Minister may, after consulting the TSRA, appoint a person to act
in the office of a member of the TSRA during any period, or during all
periods, when the member is absent from duty or from Australia or is, for any
reason, unable to perform the duties of the office.

"(2) The Minister must not appoint a person to act in the office of a member
of the TSRA unless, having regard to section 142V, the person is qualified to
be elected as a member.

"(3) The appointment of a person to act in the office of a member of the TSRA
who is also the Chairperson of the TSRA does not constitute an appointment of
the person to act as the Chairperson.

"(4) The appointment of a person to act in the office of a member of the TSRA
who is also the Deputy Chairperson of the TSRA does not constitute an
appointment of the person to act as the Deputy Chairperson.

"(5) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion to act had not arisen or had ceased. Disclosure of
        interests at meetings Member must disclose direct or indirect
        pecuniary interest at meeting of the TSRA

"143N.(1) A member of the TSRA who has a direct or indirect pecuniary interest
in a matter being considered or about to be considered by the TSRA must, as
soon as possible after the relevant facts have come to the member's knowledge,
disclose the nature of the interest at a meeting of the TSRA. Consequences of
disclosure

"(2) A disclosure under subsection (1) must be recorded in the minutes of the
meeting and the member must not:

   (a)  unless the Minister otherwise determines in writing-be present during
        any deliberation of the TSRA with respect to that matter; or

   (b)  unless the Minister otherwise determines in writing-take part in any
        decision of the TSRA with respect to that matter. Delegation of powers
        to Chairperson of TSRA

"(3) The Minister may, by writing, delegate to the Chairperson of the TSRA
either or both of the Minister's powers under subsection (2). Minister may
determine that specified interests are pecuniary interests

"(4) The Minister may make a written determination providing that specified
interests are taken to be direct or indirect pecuniary interests for the
purposes of this section. Minister may determine that specified interests are
not pecuniary interests

"(5) The Minister may make a written determination providing that specified
interests are taken not to be direct or indirect pecuniary interests for the
purposes of this section. Determinations are disallowable instruments

"(6) A determination under subsection (4) or (5) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
Disclosure of interests

"143P.(1) Each member of the TSRA must make to the Minister a written
disclosure of:

   (a)  the member's financial interests; and

   (b)  the financial interests of the member's immediate family; equivalent
        to the disclosure of financial interests required to be made by
        officers of the Australian Public Service who are members of the
        Senior Executive Service.

"(2) The member must make a disclosure under subsection (1) within one month
after being elected as member.

"(3) The member must from time to time make such further disclosures as are
necessary to ensure that the information available to the Minister about the
financial interests of the member, and of the members of his or her immediate
family, is up-to-date.

"(4) In this section:
'member' includes an acting member. Resignation

"143Q. A member of the TSRA may resign by writing signed by him or her and
sent to the Minister. Members taken to have resigned from TSRA in certain
circumstances Member living outside Torres Strait area

"143R.(1) If the TSRA is satisfied that a member of the TSRA:

   (a)  does not live in the Torres Strait area; and

   (b)  has not lived in the Torres Strait area at all during the immediately
        preceding period of 6 months; the TSRA may, in writing, declare that
        it is so satisfied. Member taken to have resigned if TSRA makes a
        declaration

"(2) Subject to the Administrative Appeals Tribunal Act 1975, if the TSRA
makes a declaration under subsection (1), the member concerned is, for all
purposes, taken to have resigned on the date of the declaration. TSRA may
declare that member has become employee etc. of TSRA or Commission

"(3) The TSRA may, in writing, declare that a member of the TSRA has become an
employee of, or a consultant to, the TSRA or the Commission. Member taken to
have resigned if TSRA makes a declaration

"(4) If the TSRA makes a declaration under subsection (3), the member
concerned must, for all purposes, be taken to have resigned on the date of the
declaration. Suspension and removal from office of members of the TSRA
Minister may suspend member of the TSRA

"143S.(1) Subject to subsection (2), the Minister may suspend a member of the
TSRA from office because of misbehaviour or physical or mental incapacity.
Minister must give member of the TSRA notice before suspension

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

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

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

"(3) The Minister must cause a statement identifying the member 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. Member of
the TSRA 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 member of
the TSRA ought to be restored to office. If each House so passes such a
resolution, the Minister must terminate the suspension. Minister may remove
member of the TSRA 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 member of the TSRA from
office. Minister must remove member from office

"(6) If a member of the TSRA:

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

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

   (c)  who is the Chairperson of the TSRA, is absent from duty, except on
        leave of absence, for 14 consecutive days or for 28 days in any period
        of 12 months; or

   (d)  who is a part-time member, has been absent from 3 consecutive meetings
        of the TSRA without leave of the Minister and without reasonable
        excuse; or

   (e)  fails, without reasonable excuse, to comply with section 143N; or

   (f)  becomes bankrupt; or

   (g)  applies to take the benefit of any law for the relief of bankrupt or
        insolvent debtors; or

   (h)  compounds with his or her creditors; or

   (i)  makes an assignment of his or her remuneration for the benefit of his
        or her creditors; the Minister must remove the member from office.
        Statement to be laid before Parliament if member of the TSRA removed
        from office

"(7) If the Minister removes a member of the TSRA from office, 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 member; and

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

   (c)  setting out the ground of the removal. Circumstances in which member
        of TSRA taken to be guilty of misbehaviour

"(8) Without limiting the generality of this section, a member of the TSRA is
taken to have been guilty of misbehaviour if he or she has knowingly voted in
favour of, or knowingly participated in, a contravention of a lawful direction
given by the Minister to the TSRA, whether under section 142E or 144ZD or any
other provision of this Act. Recall of member of the TSRA

"143T.(1) If the Minister receives a valid petition calling for the removal of
a member of the TSRA from office, the Minister must remove that member from
office as soon as possible.

"(2) In this section:
'eligible person' means a person who would be entitled to vote at an election
for that member of the TSRA;
'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. Members of TSRA, and TSRA Administrators, not personally
        liable

"143U.(1) A member of the TSRA is not personally liable to an action or other
proceeding for damages for or in relation to anything done or omitted to be
done in good faith:

   (a)  by the TSRA; or

   (b)  by the member in the capacity of member.

"(2) A TSRA Administrator is not personally liable to an action or other
proceeding for damages for or in relation to an act done or omitted to be
done:

   (a)  by the Torres Strait Regional Council before the TSRA Administrator
        was appointed; or

   (b)  by the TSRA before the TSRA Administrator was appointed; or

   (c)  in good faith by the TSRA Administrator in the capacity of TSRA
        Administrator. Other terms and conditions

"143V. A member of the TSRA holds office on such terms and conditions (if any)
in respect of matters not provided for by this Act as are determined by the
Minister by notice in the Gazette. Provisions relating to Chairperson

"143W.(1) The Chairperson of the TSRA holds office on a full-time basis.

"(2) If the Chairperson of the TSRA becomes a Commissioner, he or she ceases
to be the Chairperson of the TSRA.

"(3) The Chairperson of the TSRA holds office for the period starting when he
or she is elected and ending when a new Chairperson of the TSRA is elected.
Resignation of Chairperson

"143X.(1) The Chairperson of the TSRA may resign by writing signed by him or
her and sent to the Minister.

"(2) The Chairperson of the TSRA is taken to have resigned if:

   (a)  he or she resigns from the TSRA; or

   (b)  under section 143R, he or she is taken to have resigned from the TSRA.
        Suspension and removal from office of Chairperson Minister may suspend
        Chairperson

"143Y.(1) Subject to subsection (2), the Minister may suspend the Chairperson
of the TSRA from office because of misbehaviour or physical or mental
incapacity. Minister must give Chairperson notice before suspension

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

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

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

"(3) The Minister must cause a statement identifying the 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.
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 Chairperson
ought to be restored to office. If each House so passes such a resolution, the
Minister must terminate the suspension. Minister may remove 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 Chairperson from office.
Minister must remove Chairperson from office if he or she ceases to be a
member of the TSRA

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

"(7) If the Minister removes a person from the office of Chairperson of the
TSRA, 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 Chairperson; and

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

   (c)  setting out the ground of the removal from office. Leave of absence
        for Chairpersons

"143Z.(1) Subject to section 87E of the Public Service Act 1922, the
Chairperson of the TSRA has such recreation leave entitlements as are
determined by the Remuneration Tribunal.

"(2) The Minister may grant the Chairperson of the TSRA leave of absence
(other than recreation leave) on such terms and conditions, as to remuneration
or otherwise, as the Minister determines in writing.

"(3) The Minister must not grant to the Chairperson of the TSRA leave of
absence for a continuous period of more than 6 months unless the grant of that
leave is required or expressly permitted by any other law of the Commonwealth.
Provisions relating to Deputy Chairpersons

"144.(1) The Deputy Chairperson of the TSRA holds office on a part-time basis.

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

"(3) The Deputy Chairperson of the TSRA holds office for the period starting
when he or she is elected and ending when a new Deputy Chairperson of the TSRA
is elected. Resignation of Deputy Chairpersons

"144A.(1) The Deputy Chairperson of the TSRA may resign by writing signed by
him or her and sent to the Minister.

"(2) The Deputy Chairperson of the TSRA is taken to have resigned if:

   (a)  he or she resigns from the TSRA; or

   (b)  under section 143R, he or she is taken to have resigned from the TSRA.
        Suspension and removal from office of Deputy Chairperson Minister may
        suspend Deputy Chairperson

"144B.(1) Subject to subsection (2), the Minister may suspend the Deputy
Chairperson of the TSRA 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 TSRA. 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 member of the TSRA

"(6) If the Deputy Chairperson of the TSRA ceases to be a member of the TSRA
otherwise than by resigning from the TSRA, 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
the TSRA, 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. Deputy Chairperson
        to act as Chairperson

"144C.(1) The Deputy Chairperson of the TSRA is to act as the Chairperson of
the TSRA:

   (a)  during a vacancy in the office of Chairperson of the TSRA, 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
        TSRA 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 this
section is not invalid merely because the occasion to act had not arisen or
had ceased. Alternate Deputy Chairperson Election of alternate

"144D.(1) The TSRA may elect a member of the TSRA to be the alternate of the
Deputy Chairperson. Commissioner not to be elected as alternate

"(2) The TSRA 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 TSRA. 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 TSRA 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 TSRA. Meetings of TSRA Meetings to be convened at least 4 times a year

"144E.(1) The Chairperson of the TSRA:

   (a)  must convene at least 4 meetings of the TSRA in each financial year;
        and

   (b)  may convene other meetings of the TSRA if, in the Chairperson's
        opinion, the meetings are necessary for the efficient performance of
        the TSRA's functions. Minister may convene meeting at any time

"(2) The Minister may, at any time, convene a meeting of the TSRA. Chairperson
must convene meeting if 8 members of the TSRA request it

"(3) The Chairperson of the TSRA must convene a meeting of the TSRA upon
receipt of a written request for a meeting signed by at least 8 members of the
TSRA. Quorum

"(4) At a meeting of the TSRA, a quorum is constituted by 12 members of the
TSRA. Reduced quorum-disclosure of interest requirement

"(5) If:

   (a)  a member of the TSRA is required by section 143N not to be present
        during the deliberations, or to take part in any decision, of the TSRA
        with respect to a particular matter; and

   (b)  when the member leaves the meeting concerned there is no longer a
        quorum present; and

   (c)  there are at least 8 members remaining at the meeting; those remaining
        members constitute a quorum for the purpose of any deliberation or
        decision at that meeting with respect to that matter. Chairperson of
        the TSRA to preside at meetings

"(6) The Chairperson of the TSRA must preside at all meetings of the TSRA at
which he or she is present. Deputy Chairperson to preside if Chairperson not
present etc.

"(7) If the Chairperson of the TSRA is not present at a meeting of the TSRA:

   (a)  if the Deputy Chairperson of the TSRA is present, the Deputy
        Chairperson of the TSRA is to preside at the meeting; and

   (b)  if:

        (i)    the Deputy Chairperson of the TSRA is not present; and

        (ii)   the alternate of the Deputy Chairperson of the TSRA is present;
               the alternate of the Deputy Chairperson is to preside at the
               meeting; and

   (c)  in any other case-the members of the TSRA present must elect one of
        their number to preside at the meeting. Questions determined by
        majority

"(8) Questions arising at a meeting of the TSRA must be determined by a
majority of the votes of the members of the TSRA present and voting. Person
presiding may vote

"(9) The person presiding at a meeting of the TSRA has a deliberative vote
and, if the votes are equal, also has a casting vote. TSRA may regulate
conduct of proceedings

"(10) The TSRA may regulate the conduct of proceedings at its meetings as it
thinks fit and, in particular, may conduct its meetings in accordance with
Torres Strait Islander or Aboriginal tradition and custom. TSRA must keep
minutes

"(11) The TSRA must cause minutes of the proceedings at its meetings to be
kept. TSRA may meet by telephone etc.

"(12) If the TSRA so determines in writing (the 'meeting determination'), a
member of the TSRA may participate in, and form part of a quorum at, a meeting
of the TSRA by means of any of the following methods of communication:

   (a)  telephone;

   (b)  closed-circuit television;

   (c)  another method of communication determined by the TSRA in writing.
        Determination may be made for a particular meeting or for all meetings

"(13) The TSRA may make a meeting determination:

   (a)  for a particular meeting of the TSRA; or

   (b)  for all meetings of the TSRA. Member who participates in telephone
        meeting taken to be present at the meeting

"(14) A member of the TSRA who participates in a meeting as provided by
subsection (12) is taken for the purposes of this section and section 143N to
be present at the meeting. Delegation to TSRA General Manager or staff member
of TSRA Delegation of certain functions and powers

"144F.(1) The TSRA may, by writing under its seal, delegate any or all of its
functions and powers, other than:

   (a)  its power to give consent to the disposal of interests in land for the
        purposes of section 142J; and

   (b)  its power to make declarations under section 143R; and

   (c)  its power to reconsider matters under section 195A; to the TSRA
        General Manager or to a member of the staff of the TSRA. TSRA General
        Manager may sub-delegate function or power

"(2) If the TSRA delegates a function or power to the TSRA General Manager, he
or she may, by writing, sub-delegate the function or power to a member of the
staff of the TSRA. Delegation may prohibit sub-delegation

"(3) The TSRA General Manager must not sub-delegate a function or power if the
instrument of delegation prohibits the sub-delegation of that function or
power. Application of certain provisions of the Acts Interpretation Act 1901

"(4) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts
Interpretation Act 1901 apply in relation to a sub-delegation in a
corresponding way to the way in which they apply to a delegation. Application
of certain provisions of the Acts Interpretation Act 1901

"(5) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation
Act 1901 apply to a sub-delegation as if it were a delegation. Certain members
of the staff of the Commission to be treated as members of the staff of
the TSRA

"(6) For the purposes of this section, if a member of the staff of the
Commission is covered by an arrangement made under section 144S, the member is
taken to be a member of the staff of the TSRA.
             "Division 7-General Manager of TSRA
TSRA General Manager

"144G.(1) There is to be a General Manager of the TSRA.

"(2) The TSRA General Manager is to be appointed by the Minister.

"(3) The Minister must not appoint a person as the TSRA General Manager unless
the TSRA agrees to the appointment. However, this rule does not apply to the
first TSRA General Manager.

"(4) Subject to subsection (5), the TSRA General Manager must manage the
day-to-day administration of the TSRA.

"(5) In managing the day-to-day administration of the TSRA and in exercising
any powers conferred on the TSRA General Manager by this Act, the TSRA General
Manager must act in accordance with any policies determined, and any
directions given to him or her, by the TSRA in writing. Period of appointment

"144H.(1) The TSRA General Manager holds office for such period as is
specified in the instrument of appointment.

"(2) The period must not be longer than:

   (a)  in the case of the first TSRA General Manager-2 years; and

   (b)  in any other case-5 years.

"(3) A person who is 65 or over cannot hold office as TSRA General Manager.
Remuneration and allowances

"144J. The TSRA General Manager is entitled to remuneration and allowances in
accordance with section 194. Leave of absence

"144K.(1) Subject to section 87E of the Public Service Act 1922, the TSRA
General Manager is to have such recreation leave entitlements as are
determined by the Remuneration Tribunal.

"(2) The Minister may, with the TSRA's agreement, grant the TSRA General
Manager leave of absence (other than recreation leave) on such terms and
conditions, as to remuneration or otherwise, as the Minister, with the TSRA's
agreement, determines in writing. Acting TSRA General Manager

"144L.(1) The Minister may, after consulting the TSRA, appoint a person to act
as the TSRA General Manager:

   (a)  during a vacancy in the office of TSRA General Manager, whether or not
        an appointment has previously been made to the office; or

   (b)  during any period, or during all periods, when the TSRA General
        Manager is absent from duty or from Australia or is, for any reason,
        unable to perform the duties of the office; but a person appointed to
        act during a vacancy must not continue so to act for more than 6
        months.

"(2) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion to act had not arisen or had ceased.

"(3) This Act does not prevent the Chief Executive Officer, or a member of the
staff of the Commission, from acting as the TSRA General Manager. Disclosure
of interests

"144M.(1) The TSRA General Manager must give written notice to the Minister
and the TSRA of all direct or indirect pecuniary interests that the TSRA
General Manager has or acquires in any business or in any body corporate that
carries on a business.

"(2) If the TSRA General Manager has a direct or indirect pecuniary interest
in a matter being considered or about to be considered by the TSRA, the TSRA
General Manager must, as soon as possible after the relevant facts have come
to his or her knowledge, disclose the nature of the interest to the
Chairperson of the TSRA in writing. Resignation

"144N. The TSRA General Manager may resign by writing signed by him or her and
sent to the Minister and the TSRA. Termination of appointment

"144P.(1) The Minister may, with the TSRA's agreement, terminate the
appointment of the TSRA General Manager because of incompetence, misbehaviour
or physical or mental incapacity.

"(2) If the TSRA General Manager:

   (a)  is absent from duty, except on leave granted under section 144K for 14
        consecutive days or for 28 days in any period of 12 months; or

   (b)  becomes bankrupt; or

   (c)  applies to take the benefit of any law for the relief of bankrupt or
        insolvent debtors; or

   (d)  compounds with his or her creditors; or

   (e)  makes an assignment of his or her remuneration for the benefit of his
        or her creditors; or

   (f)  fails, without reasonable excuse, to comply with section 144M; or

   (g)  engages in paid employment outside the duties of the office of TSRA
        General Manager without the written consent of the Minister given
        after consulting the TSRA; the Minister must terminate the appointment
        of the TSRA General Manager. Other terms and conditions

"144Q. The TSRA General Manager holds office on such terms and conditions (if
any) in respect of matters not provided for by this Act as are determined by
the Minister, with the TSRA's agreement, by notice in the Gazette.
                      "Division 8-Staff
Staff

"144R.(1) Subject to section 144T, the staff required to assist the TSRA in
the performance of its functions are to be persons appointed or employed under
the Public Service Act 1922.

"(2) The TSRA General Manager has all the powers of, or exercisable by, a
Secretary under the Public Service Act 1922, so far as those powers relate to
the branch of the Australian Public Service comprising the staff referred to
in subsection (1), as if that branch were a separate Department of the
Australian Public Service. Note 1: A member of the staff of the TSRA or the
Commission is not qualified to stand for election, or to be elected, as a
member of the TSRA (see paragraph 142V(1)(b)). Note 2: The TSRA may declare
that a member of the TSRA has become an employee of the TSRA or the
Commission. The member is taken to have resigned from the TSRA on the date of
the declaration (see subsections 143R(3) and (4)). Arrangements for Commission
staff to perform duties on behalf of the TSRA

"144S. The TSRA may make arrangements with the Chief Executive Officer for the
performance of duties by the staff of the Commission on behalf of the TSRA.
Consultants

"144T.(1) The TSRA may engage consultants to the TSRA. A consultant must have
suitable qualifications and experience.

"(2) The terms and conditions on which consultants are engaged are to be
determined by the TSRA in writing.

"(3) The TSRA must, by written instrument:

   (a)  set out criteria for the engagement of consultants by the TSRA; and

   (b)  set out standard terms and conditions for the engagement of
        consultants by the TSRA.

"(4) The TSRA must notify the making of an instrument under subsection (3) in
the Gazette. Note 1: A consultant to the TSRA or the Commission is not
qualified to stand for election, or to be elected, as a member of the TSRA
(see paragraph 142V(1)(b)). Note 2: The TSRA may declare that a member of the
TSRA has become a consultant to the TSRA or the Commission. The member is
taken to have resigned from the TSRA on the date of the declaration (see
subsections 143R(3) and (4)).
                     "Division 9-Finances
Application of money of the TSRA

"144U.(1) Money of the TSRA must be applied only:

   (a)  in payment or discharge of the costs, expenses and other obligations
        incurred by the TSRA in the performance of its functions or the
        exercise of its powers under this Act or any other law; and

   (b)  in payment of any remuneration and allowances payable to any person
        under this Act or any other law; and

   (c)  in making any other payments which the TSRA is authorised or required
        to make under this Act or any other law.

"(2) In this section:
'money of the TSRA' does not include:

   (a)  money held in trust by the TSRA; or

   (b)  money in the TSRA Housing Fund or the TSRA Land and Natural Resources
        Fund. TSRA Housing Fund

"144V.(1) There is established by this subsection a fund to be known as the
TSRA Housing Fund.

"(2) The following amounts are to be paid into the TSRA Housing Fund:

   (a)  such amounts as are paid to the TSRA as repayment of, or otherwise in
        respect of, housing loans made by the TSRA under section 142F;

   (b)  such amounts as are paid to the TSRA by any other person for the
        purposes of the TSRA Housing Fund;

   (c)  such amounts of the TSRA's money as the TSRA determines in writing.

"(3) Money in the TSRA 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 Torres Strait Islanders, or Aboriginal
        persons, living in the Torres Strait area; or

   (c)  in making grants of money for the purposes of enabling Torres Strait
        Islanders, or Aboriginal persons, living in the Torres Strait area to
        obtain housing loans from lenders operating on a commercial basis.

"(4) The TSRA must prepare estimates of the receipts of, and expenditure from,
the TSRA Housing Fund for each financial year and, if the Minister so directs,
for any other period specified by the Minister, and the TSRA must submit
estimates so prepared to the Minister not later than such date as the Minister
directs.

"(5) Money in the TSRA Housing Fund must not be spent otherwise than in
accordance with estimates of expenditure approved by the Minister.

"(6) Money in the TSRA Housing Fund that is not immediately required for the
purposes of that fund may be invested:

   (a)  on deposit with an approved bank; or

   (b)  in Commonwealth securities; or

   (c)  in any other manner approved by the Treasurer. TSRA Land and Natural
        Resources Fund

"144W.(1) There is established by this subsection a fund to be known as the
TSRA Land and Natural Resources Fund.

"(2) There is to be paid into the TSRA Land and Natural Resources Fund such
amounts of the TSRA's money as the TSRA determines in writing.

"(3) Money in the TSRA Land and Natural Resources Fund may only be spent:

   (a)  in making a grant of money under section 142F on condition that the
        money be spent in acquiring an interest in land; or

   (b)  in acquiring an interest in land under subsection 142F(3).

"(4) Money in the TSRA Land and Natural Resources Fund that is not immediately
required for the purposes of that fund may be invested:

   (a)  on deposit with an approved bank; or

   (b)  in Commonwealth securities; or

   (c)  in any other manner approved by the Treasurer. Borrowing on overdraft
        to meet temporary deficit

"144X.(1) The TSRA may borrow money on overdraft from an approved bank for the
sole purpose of meeting a temporary deficit in the money of the TSRA.

"(2) This section is subject to such limits as the Treasurer determines as to:

   (a)  the total amount of money (other than interest) that may be owed by
        the TSRA at any time as a result of borrowings under this section; and

   (b)  the periods for which money may be borrowed under this section. Limits
        on TSRA's powers to raise money

"144Y.(1) The TSRA must not borrow money except in accordance with section
144X.

"(2) The TSRA must not raise money except by borrowing. Exemption from
taxation

"144Z.(1) The TSRA is not subject to taxation under any law of the
Commonwealth or of a State or Territory.

"(2) Excise duty is not payable by the TSRA, or by any other person, on goods
that are for use by the TSRA. Estimates

"144ZA.(1) The TSRA must:

   (a)  prepare estimates, in such form as the Minister directs, of the
        expenditure of the TSRA for each financial year and, if the Minister
        so directs, for any other period specified by the Minister; and

   (b)  give those estimates to the Minister not later than such date as the
        Minister directs.

"(2) Money paid to the TSRA under section 58 must not be expended by the TSRA
otherwise than in accordance with estimates of expenditure approved by the
Minister.

"(3) Despite subsection (2), the amount spent by the TSRA in relation to a
matter covered by a particular item in approved estimates may differ from the
amount allocated to that item in those estimates by not more than 10% of the
amount so allocated.

"(4) Subsection (3) does not empower the TSRA to spend or pay amounts that
exceed in total the total amount covered by approved estimates. Annual report
and financial statements TSRA must prepare report

"144ZB.(1) Subject to this section, the TSRA must, as soon as practicable
after the end of each financial year, prepare and give to the Minister:

   (a)  a report about:

        (i)    its operations during the year; and

        (ii)   the implementation of the Torres Strait Development Plan during
               the year; and

   (b)  financial statements in respect of the year in such form as the
        Minister for Finance approves. Certain matters must be included in
        report

"(2) The TSRA must include in each report details of:

   (a)  any directions given by the Minister under section 142E; and

   (b)  any consultants engaged under section 144T; during the period to which
        the report relates. Report must include details of grants

"(3) If a grant was made by the TSRA during a financial year to an individual
or body, then, in addition to the matters referred to in subsections (1) and
(2), the report relating to the year must set out:

   (a)  the name of the individual or body; and

   (b)  the amount and purpose of the grant. Report must not disclose sacred
        matters

"(4) The TSRA must not disclose in any report under this section any matters
known to the TSRA to be held sacred by Torres Strait Islanders or Aboriginal
persons. Report must include certain details about consultants

"(5) If a report under this section gives details of a consultant engaged
under section 144T, the report must set out any significant differences
between the terms and conditions on which that consultant was engaged and the
standard terms and conditions for the engagement of consultants by the TSRA as
set out in the instrument referred to in subsection 144T(3). Financial
statements must be given to Auditor-General first

"(6) Before giving financial statements to the Minister, the TSRA must give
them to the Auditor-General. The Auditor-General must report to the Minister:

   (a)  whether, in the Auditor-General's opinion, the statements are based on
        proper accounts and records; and

   (b)  whether the statements accord with the accounts and records and, in
        the Auditor-General's opinion, show fairly the financial transactions
        and the state of the TSRA's affairs; and

   (c)  whether, in the Auditor-General's opinion, the receipt, expenditure
        and investment of moneys, and the acquisition and disposal of assets,
        by the TSRA during the year have been in accordance with this Act; and

   (d)  on any other matters arising out of the statements that the
        Auditor-General considers should be reported to the Minister. Report
        etc. must be laid before each House of the Parliament

"(7) The Minister must cause a copy of each of the following:

   (a)  the TSRA's report;

   (b)  the financial statements;

   (c)  the Auditor-General's report; to be laid before each House of the
        Parliament within 15 sitting days of that House after their receipt by
        the Minister. Application of Audit Act

"144ZC.(1) The TSRA is a public authority to which Division 2 of Part XI of
the Audit Act 1901 applies.

"(2) The Audit Act 1901 applies in relation to the TSRA as if:

   (a)  the TSRA were not a Department for the purposes of Part VII of that
        Act; and

   (b)  section 63H of that Act were omitted. TSRA Finance Directions Minister
        must give directions to TSRA

"144ZD.(1) The Minister must give to the TSRA written directions ('TSRA
Finance Directions'), not inconsistent with this Act or the regulations, about
the administration of the TSRA's finances. TSRA must comply with directions

"(2) The TSRA must comply with a TSRA Finance Direction that is in force even
if it is inconsistent with:

   (a)  the Torres Strait Development Plan; or

   (b)  decision-making principles in force under section 142K. Directions may
        apply directions given under Audit Act etc.

"(3) The TSRA Finance Directions may apply, adopt or incorporate, with or
without modification, directions given under the Audit Act 1901 by the
Minister for Finance, or the Secretary to the Department of Finance ('Audit
Act Directions'). The Audit Act Directions may be those as in force at a
particular time or as in force from time to time. TSRA must make directions
available

"(4) Without limiting the operation of the Freedom of Information Act 1982,
the Minister must ensure that copies of the TSRA Finance Directions as in
force from time to time are:

   (a)  given to the TSRA; and

   (b)  available for inspection and purchase at each office of the TSRA.
        Notice of giving of directions to be published in the Gazette

"(5) The TSRA General Manager must cause notice of the giving of TSRA Finance
Directions to be published in the Gazette.

"Division 10-Minister or Commission may ask TSRA for information Minister or
Commission may ask TSRA for information

"144ZE.(1) The Minister or the Commission may from time to time ask the TSRA
for information about the TSRA's activities.

"(2) The TSRA must give the Minister the information he or she asks for.

"(3) The TSRA may give the Commission the information it asks for.
               "Division 11-TSRA Administrators
Powers of TSRA Administrator

"144ZF. A TSRA Administrator appointed to administer the affairs of the TSRA:

   (a)  must do so until the new members of the TSRA take office; and

   (b)  has all the functions and powers of the TSRA; and

   (c)  has all powers necessary to rectify any problems in the affairs of the
        TSRA; and

   (d)  does not have power to vote in a zone election. Remuneration and
        allowances

"144ZG. A TSRA Administrator is entitled to remuneration and allowances in
accordance with section 194. TSRA Administrator holds office on a full-time
basis

"144ZH. A TSRA Administrator holds office on a full-time basis. Resignation of
TSRA Administrator

"144ZJ. A TSRA Administrator may resign by writing signed by him or her and
sent to the Minister. Leave of absence

"144ZK.(1) Subject to section 87E of the Public Service Act 1922, a TSRA
Administrator is to have such recreation leave entitlements as are determined
by the Remuneration Tribunal.

"(2) The Minister may grant a TSRA Administrator leave of absence (other than
recreation leave) on such terms and conditions, as to remuneration or
otherwise, as the Minister determines in writing. Other terms and conditions

"144ZL. A TSRA Administrator holds office on such terms and conditions (if
any) in respect of matters not provided for by this Act as are determined by
the Minister by notice in the Gazette. Disclosure of interests

"144ZM.(1) A TSRA Administrator must make to the Minister a written disclosure
of:

   (a)  the TSRA Administrator's financial interests; and

   (b)  the financial interests of the TSRA Administrator's immediate family;
        equivalent to the disclosure of financial interests required to be
        made by officers of the Australian Public Service who are members of
        the Senior Executive Service.

"(2) A TSRA Administrator must make a disclosure under subsection (1) within
one month after being appointed as a TSRA Administrator.

"(3) A TSRA Administrator must from time to time make such further disclosures
as are necessary to ensure that the information available to the Minister
about the financial interests of the TSRA Administrator, and of the members of
the TSRA Administrator's immediate family, is up-to-date.

"(4) In this section:
'TSRA Administrator' includes an acting TSRA Administrator. Termination of
appointment Minister may terminate TSRA Administrator's appointment

"144ZN.(1) The Minister may terminate the appointment of a TSRA Administrator
because of misbehaviour or physical or mental incapacity. Minister must
terminate TSRA Administrator's appointment

"(2) If a TSRA Administrator:

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

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

   (c)  is absent from duty, except on leave of absence granted under section
        144ZK, for 14 consecutive days or for 28 days in any period of 12
        months; or

   (d)  fails, without reasonable excuse, to comply with section 144ZM; or

   (e)  becomes bankrupt; or

   (f)  applies to take the benefit of any law for the relief of bankrupt or
        insolvent debtors; or

   (g)  compounds with his or her creditors; or

   (h)  makes an assignment of his or her remuneration for the benefit of his
        or her creditors; the Minister must terminate the TSRA Administrator's
        appointment. Acting TSRA Administrator

"144ZP.(1) The Minister may appoint a person to act as a TSRA Administrator:

   (a)  during a vacancy in an office of TSRA Administrator; or

   (b)  during any period, or during all periods, when a TSRA Administrator is
        absent from duty or from Australia or is, for any reason, unable to
        perform the duties of the office; but a person appointed to act during
        a vacancy must not continue so to act for more than 6 months.

"(2) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion to act had not arisen or had ceased. Minister may appoint
        replacement TSRA Administrator if there is a vacancy in an office of
        TSRA Administrator

"144ZQ. If there is a vacancy in an office of TSRA Administrator caused by the
death, resignation or termination of appointment of the TSRA Administrator,
the Minister may, by notice in the Gazette, appoint a replacement TSRA
Administrator to administer the affairs of the TSRA.".