Commonwealth Numbered Regulations - Explanatory Statements

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ATSIC (REGIONAL COUNCILS - ELECTION OF OFFICEHOLDERS) REGULATIONS 1993 NO. 379

STATUTORY RULES 1993 No. 379

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

These Regulations were made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act).

Section 127 of the Act requires a Regional Council to annually elect from among its members a Chairperson and a Deputy Chairperson. Section 127J provides that a Regional Council may elect an alternate of the Deputy Chairperson. Provision is made in section 201 of the Act for the conduct of these elections to be in accordance with regulations.

Section 201 of the Act empowers the Governor-General to make regulations required or permitted by the Act to be prescribed.

The ATSIC (Regional Councils - Election of Officeholders) Regulations prescribe procedures for the conduct of elections under sections 127 and 127J of the Act. These Regulations replace the Aboriginal And Torres Strait Islander Commission (Election Of Executive Committees) Regulations because of the recent amendments to the Act replacing the Executive Committee with a full time Chairperson, a part-time Deputy Chairperson and a parttime Alternate to the Deputy Chairperson.

The elections for the Chairperson and Deputy Chairperson are conducted by the Australian Electoral Commission, given that the Act provides that these officeholders hold office for the term of the Regional Council. The election for the Alternate to the Deputy Chairperson is conducted by the Commission's Regional Manager given that there is likely to be frequent changes in the office of the Alternate as the Alternate is appointed for such. period as is determined by the Regional Council (s 127J(3)). The procedures in effect are the same as those which applied for the elections of the Executive Committee: they require the calling of nominations in the approved form, public declaration of the names of candidates, voting on approved ballot papers under a system of preference voting, conduct of the counting of votes with scrutineers present and public declaration of the results of the count.

The Statutory Rules will commence on 31 January 1994.