Commonwealth Numbered Regulations - Explanatory Statements

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ATSIC (REGIONAL COUNCILS - ELECTION OF OFFICEHOLDERS) AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 181

STATUTORY RULES 1999 No. 181

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) Amendment Regulations 1999 (No. 1)

Subsection 201(1) of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, the Regional Council election rules, the TSRA Election Rules or the zone election Rules, prescribing matters for carrying out or giving effect to the Act. Subsection 201(2) provides that the regulations may make provision in relation to the conduct of elections for the purpose of section 127J of the Act.

Section 127J of the Act provides that a Regional Council may elect a member of the Council to be the alternate of the Deputy Chairperson. The power of the Regional Council conferred by the section is discretionary.

Regulation 22 of the ATSIC (Regional Councils - Election of Officeholders) Regulations provides that at any meeting of a Regional Council following the first meeting of that Regional Council after its election, the Regional Council must elect an alternate Deputy Chairperson. The Regulation imposes an obligation on the Regional Council to hold the election.

The two provisions are inconsistent and the amendment removes this inconsistency by making the election a matter of discretion for the Regional Council.

The Regulations commenced on Gazettal.