ATSIC (REGIONAL COUNCILS - ELECTION OF OFFICEHOLDERS) REGULATIONS (AMENDMENT) 1994 NO. 390

ATSIC (REGIONAL COUNCILS - ELECTION OF OFFICEHOLDERS) REGULATIONS (AMENDMENT) 1994 NO. 390

STATUTORY RULES 1994 No. 390

Issued by the Authority of the Minister for Aboriginal and Torres Strait Islander Affairs

Aboriginal and Torres Strait Islander Commission Act 1989

ATSIC (Regional Councils - Election of Officeholders) Regulations (Amendment)

This amendment to the Regulations was made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (the ATSIC Act). Section 201 of that Act empowers the Governor-General to make Regulations required or permitted by the Act to be prescribed.

Sections 127 and 127J of the ATSIC Act empower an ATSIC Regional Council to elect Officeholders for the positions of Chairpersons, Deputy Chairperson and Alternate Deputy Chairpersons. Subsection 201(2) provides that regulations made by the GovernorGeneral may regulate these elections. The ATSIC (Regional Councils - Election of Officeholders) Regulations (the Officeholders Regulations) prescribe the manner of election of Chairpersons, Deputy Chairpersons and Alternate Deputy Chairpersons of ATSIC Regional Councils.

Regulation 2 of the Amendment will rectify a previous omission of the word "alternate" before the words "Deputy Chairperson" in Regulation 9(4) of the Officeholders Regulations.

Regulation 3 of the Amendment will omit the present clause 5 to the Schedule to the Officeholders Regulations and will substitute two new clauses. The new clause 5 will require intermediate elections for Officeholders to be held as a method of determining which candidates are to be excluded if no candidate receives an absolute majority of first preferences. If the result of the intermediate election is a further tie, a draw by lot is to be held to determine the excluded candidate.

An additional clause 6 will be added to the Schedule by Regulation 3 of the Amendment to provide for the conduct of an intermediate election if two unexcluded candidates receive the same number of votes and there are no other unexcluded candidates. In the event of another tie, a draw by lot win be required to determine the excluded candidate.

The ATSIC Zone Election Rules were recently amended on similar lines.

The Regulations commenced on Gazettal.