Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 78

78. Schedule 4 to the Principal Act is amended:
(a) by inserting ", a TSRA election" after "Regional Council election" in
the definition of "election" in subclause 1(1);
(b) by inserting ", the TSRA election rules" after "Regional Council
election rules" in the definition of "illegal practice" in subclause 1(1);
(c) by inserting ", the TSRA election rules" after "Regional Council election
rules" in subclause 1(2);

   (d)  by inserting after paragraph 10(1)(c) the following paragraph:

"(ca) to grant to any party to the petition leave to inspect, in the presence
of a person who was an authorised electoral officer for the purposes of
Division 5 of Part 3A in relation to the election concerned, the documents
(except ballot papers) used at or in connection with the election and to take,
in the presence of the prescribed officer, extracts from those documents;";

   (e)  by omitting from paragraph 15(a) "or the Regional Council election
        rules" and substituting ", the Regional Council election rules or the
        TSRA election rules";
(f) by inserting in paragraph 15(b) ", the TSRA election rules" after
"Regional Council election rules";

   (g)  by inserting after paragraph 17(1)(b) the following word and
        paragraphs:

"or (c) the qualifications of a member of the TSRA; or

   (d)  a vacancy in the TSRA;";

   (h)  by adding at the end of clause 21 the following paragraphs:

"(d) the power to declare that any person was not qualified to be a member of
the TSRA;

   (e)  the power to declare that there is a vacancy in the TSRA.";

   (i)  by adding at the end of paragraph 22(a) "and";

   (j)  by omitting paragraph 22(c) and substituting the following paragraphs:

"(c) if the reference relates to a Regional Council-the Regional Council; and

   (d)  if the reference relates to the TSRA-the TSRA.";

   (k)  by adding at the end of clause 27 the following subclause:

"(4) The validity of anything done by the TSRA is not affected by the fact
that a person has since ceased to be a member of the TSRA because of a
declaration of the Court under this Schedule.";

   (l)  by omitting from subclause 28(1) "and" (first occurring);
(m) by inserting in subclause 28(1) ", the TSRA election rules" after
"Regional Council election rules".