Queensland Consolidated Acts

COMMUNITY SERVICES (TORRES STRAIT) ACT 1984

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Savings
   4.      Definitions
   5.      Meaning of conclusion of election for Island council

           Part 2--Administration

   6.      Responsible officer
   7.      Corporation may function for purposes of this Act
   8.      Agents of department
   9.      Power of delegation
   10.     Visiting justices
   11.     Official inquiries
   12.     Annual report on administration

           Part 3--Intervention by the State

           Division 1--Powers of intervention

   13.     Procedures before exercise of certain powers
   14.     Revocation and suspension of resolutions and orders
   15.     Effect of revocation or suspension
   16.     Overruling by-laws
   17.     Appointment of financial controller
   18.     Dissolution of Island council
   19.     Abolition of joint Island council and its area

           Division 2--Administrators

   20.     When administrator may be appointed
   21.     Jurisdiction, powers and duties of administrator
   22.     Title of administrator
   23.     Committee to help administrator
   24.     Conditions of appointment as administrator or member of committee
   25.     Recovery of amounts from Island councils
   26.     Role of committee
   27.     Decision by Minister on referral by administrator
   28.     Procedures of committee
   29.     Termination of administrator's appointment
   30.     Termination of appointment of committee member etc.

           Division 3--Financial controller

   31.     Functions of financial controller
   32.     Power of financial controller to revoke and suspend resolutions and orders
   33.     Effect of revocation or suspension
   34.     Financial controller's employment conditions
   35.     Recovery of amounts from Island councils
   36.     Termination of financial controller's appointment

           Part 4--Local government of areas

           Division 1--Island councils

   37.     Declaration of council areas
   38.     Island council required for each council area
   39.     Implementation of council area
   40.     Incorporation of Island councils
   41.     Tenure of office of councillors
   42.     Times for election of councillors
   43.     Voters roll
   44.     Relationship of council area to local government area
   45.     Functions of Island councils
   46.     Power of council to lend an amount to an adult resident
   47.     Disclosure of interests at meetings

           Division 2--Financial operations of Island councils

   48.     Issue of standards
   49.     Standards must be complied with
   50.     Island rate and other charges
   51.     Annual budget to be prepared
   52.     Adoption of budget
   53.     Framing of budget
   54.     Amendment of budget
   55.     Unexpended votes to lapse
   56.     Provisions in respect of loan repayments
   57.     Illegal expenditure
   58.     Accounts
   59.     Special accounting provision for particular payments
   60.     Preparation of financial statements
   61.     Certification of annual financial statements
   62.     Auditor-general to audit accounts of council
   63.     Auditor-general to certify annual financial statements
   64.     Presentation of annual financial statements
   65.     Access to accounts
   66.     Power to require furnishing of information and the like
   67.     General reporting provisions
   68.     Financial statements
   69.     Island councils are statutory bodies
   70.     Chief executive may require information from Island council

           Division 3--Law and order in areas

   71.     Jurisdiction and powers of police
   72.     Entry upon council areas etc.
   73.     Application to council areas of laws relating to public places
   74.     Island police
   75.     Discharge of Island police officers' functions etc.
   76.     Other functions of Island police officers
   77.     Indemnification of Island police officer for liability for tort

           Division 4--Determination of matters of complaint in areas

   78.     Island Courts
   79.     Jurisdiction of Island Courts
   80.     Limitation of jurisdiction
   81.     Right of appeal against conviction

           Division 5--Authorised officers

   82.     Authorised officers
   83.     General powers of authorised officers

           Part 5--Community justice groups

           Division 1--Establishment, functions and powers

   84.     Establishment
   85.     Functions and powers

           Division 2--Provisions about membership of groups and group coordinators

   86.     Membership
   87.     Criminal history checks
   88.     Coordinator

           Division 3--Miscellaneous provisions

   89.     Authentication of documents
   90.     Protection of members from civil liability
   91.     Reporting requirements

           Part 6--Control of possession and consumption of alcohol in council areas

           Division 1--Preliminary

   92.     Purpose of pt 6
   93.     Definitions for pt 6

           Division 2--Dry places

   94.     Declaration
   95.     Notice of proposal
   96.     Objections and supporting submissions
   97.     Notice about declaration
   98.     Suspension of declaration
   99.     Effect of declaration of dry place

           Division 3--Offences relating to community justice groups and dry places

   100.    Obstructing members
   101.    Possession or consumption of alcohol in or on dry place
   102.    False or misleading statements
   103.    False or misleading documents

           Division 4--Appeals relating to dry places

   104.    Who may appeal
   105.    How to start appeal
   106.    Stay of operation of decisions
   107.    Powers of Magistrates Court
   108.    Constitution of Magistrates Court
   109.    Effect of Magistrates Court's decision
   110.    Appeal to District Court

           Division 5--Provisions relating to homemade alcohol in certain council areas

   110A.   Offences relating to homemade alcohol
   110B.   Relationship with restricted areas

           Division 6--Miscellaneous provision

   111.    Making applications

           Part 7--Provisions about making by-laws and subordinate by-laws

           Division 1--Preliminary

   112.    Definitions for pt 7

           Division 2--Publishing model by-laws and power to make subordinate by-laws

   113.    Minister may publish model by-laws
   114.    Power to make subordinate by-laws

           Division 3--Process for making by-laws

   115.    By-law process
   116.    Step 1—propose a by-law
   117.    Step 2—ensure proposed by-law satisfactorily deals with any State interest
   118.    Step 3—consultation about proposed by-law
   119.    Step 4—give access to proposed by-law
   120.    Step 5—accept and consider all submissions
   121.    Step 6—decide whether to proceed with making proposed by-law
   122.    Step 7—again ensure proposed by-law satisfactorily deals with any State interest
   123.    Step 8—make proposed by-law
   124.    Step 9—give public notice of law

           Division 4--Process for making subordinate by-laws

   125.    Subordinate by-law process
   126.    Step 1—propose a subordinate by-law
   127.    Step 2—consultation about proposed subordinate by-law
   128.    Step 3—give access to proposed subordinate by-law
   129.    Step 4—accept and consider all submissions
   130.    Step 5—make proposed subordinate by-law
   131.    Step 6—give public notice of subordinate by-law
   132.    Early start for subordinate by-law making process

           Division 5--Commencement and status of by-laws and subordinate by-laws

   133.    Commencement of by-laws and subordinate by-laws
   134.    Effect of by-laws
   135.    Extent to which subordinate by-law is binding
   136.    When subordinate by-laws cease to have effect
   137.    Proof of by-laws and subordinate by-laws
   138.    By-law and subordinate by-law presumed to be within power

           Part 8--Island Coordinating Council

   139.    Continuation and incorporation of Island Coordinating Council
   140.    Membership of council
   141.    Functions of council
   142.    Meetings of council
   143.    Divisions of Torres Strait
   144.    Selection of members of the executive committee
   145.    Casual vacancy in office of selected member
   146.    Particular functions of council
   147.    Budget of Island Coordinating Council
   148.    Declaration that Island Coordinating Council is statutory body

           Part 9--Island Industries Board

   149.    The board
   150.    Membership of board
   151.    Proposal of persons by Island Coordinating Council
   152.    Chairperson of board
   153.    Deputy chairperson of board
   154.    Term of appointment
   155.    Disqualification from membership
   156.    Vacation of office
   157.    When notice of resignation takes effect
   158.    Conduct of business
   159.    Times and places of meetings
   160.    Quorum
   161.    Presiding at meetings
   162.    Conduct of meetings
   163.    Minutes
   164.    Disclosure of interests
   165.    Officers and employees of board
   166.    Powers of board
   167.    Profits of board
   168.    Board is statutory body
   169.    Audit of board's accounts
   170.    Annual report by board
   171.    Administrator may replace board members
   172.    Relinquishment of board's assets to local control

           Part 10--Entry upon areas

   173.    Entry upon public parts of areas
   174.    General authority to be in area
   175.    Entry upon and temporary stay in areas
   176.    Power of Island council to regulate presence in area
   177.    Excluded person entitled to reason
   178.    Power of Island council to eject

           Part 11--Assistance sought by Islanders

   179.    Grant of aid
   180.    Deposit of savings with banker
   181.    Continuation of management of money
   182.    Banker is a statutory body
   183.    Administration of Islanders' estates

           Part 12--General provisions

   184.    Islanders' right to certain natural resources
   185.    Islanders' right to certain forest products and quarry material—Torres Strait Islander land
   186.    Islanders' right to certain forest products and quarry material—non-Torres Strait Islander land
   187.    Obstruction, intimidation and assault
   188.    General penalty for offence
   189.    Magistrates Court not to have jurisdiction for certain offences
   190.    Evidentiary aids
   190A.   Evidence of home-brew concentrate by label
   190B.   Evidence of homemade alcohol having regard to belief of police officer
   191.    Approved forms
   192.    Regulation-making power

           Part 13--Assistance to and review of Island councils

   193.    Assistance to Island councils
   194.    Use of churches etc. for provision of assistance

           Part 14--Transitional provisions

           Division 1--Transitional provision for Community Services Legislation Amendment Act 1999

   195.    Transitional provision for council areas

           Division 2--Transitional provision for Community Services Legislation Amendment Act 2001

   196.    Existing members of the board to go out of office

           Division 3--Transitional provision for Community Services Legislation Amendment Act 2002

   197.    Transitional provision for process for making by-laws

           Part 15--Validating provisions

   198.    Validation of particular rates
           Endnotes