ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 4A Minister may make determinations about what constitutes misbehaviour
- 4B Indigenous-held land
- 4C Water-related rights
- 5 Act binds the Crown
- 5A Application of the Criminal Code
PART 3A--TORRES STRAIT REGIONAL AUTHORITY
Division 1--Torres Strait
- 142 Torres Strait Regional Authority
Division 2--Functions of TSRA
- 142A Functions of TSRA
- 142AA Conferring functions on TSRA
- 142B Minister may approve performance of functions under State or Territory laws
- 142C Powers of TSRA
- 142D Torres Strait Development Plan
- 142E Directions by Minister
Division 3--General funding powers of TSRA
- 142F TSRA may make grants and loans
- 142G TSRA may give guarantees
- 142GA TSRA may make grants and loans to Queensland government etc.
- 142H Grants and loans to be repayable if conditions breached etc.
- 142J Restriction on right to dispose of interest in land
- 142JA TSRA's interest in land
- 142K TSRA to formulate decision-making principles about grants, loans and guarantees
- 142L Review of operation of Part etc.
- 142M Advisory committees
- 142N Advisory committee--disclosure of interests at meetings
- 142P Advisory committee--member's appointment to be terminated for non-disclosure of interests
- 142Q Advisory committee--resignation
Division 4--Constitution of TSRA
Division 5--TSRA elections
- 142T TSRA elections
- 142TA TSRA wards
- 142U People entitled to vote at TSRA elections
- 142V People qualified to be elected to the TSRA
- 142W Term of office of members of TSRA
- 142X Errors in Commonwealth Electoral Roll not to affect entitlements
- 142Y Timing of TSRA elections
- 142Z Polling places
- 143 Fixing of election days, and location of polling places, to be notified in Gazette
- 143A Effect of nominations
- 143B Voting not compulsory
- 143C Voting by secret ballot
- 143D Voting
- 143E Counting of votes and election of candidates
- 143F General obligation to inform people about elections
- 143G Rules for conduct of elections
- 143H Authorised electoral officer
- 143I Disputed elections
Division 6--Administrative provisions
- 143J Part-time basis of holding office
- 143K Remuneration and allowances
- 143L Chairperson and Deputy Chairperson
- 143M Acting appointments
- 143P Disclosure of interests
- 143Q Resignation
- 143R Members taken to have resigned from TSRA in certain circumstances
- 143S Suspension and removal from office of members of the TSRA
- 143T Recall of member of the TSRA
- 143U Members of TSRA, and TSRA Administrators, not personally liable
- 143V Other terms and conditions
- 143W Provisions relating to Chairperson
- 143X Resignation of Chairperson
- 143Y Suspension and removal from office of Chairperson
- 143Z Leave of absence for Chairpersons
- 144 Provisions relating to Deputy Chairpersons
- 144A Resignation of Deputy Chairpersons
- 144B Suspension and removal from office of Deputy Chairperson
- 144C Deputy Chairperson to act as Chairperson
- 144D Alternate Deputy Chairperson
- 144E Meetings of TSRA
- 144F Delegation to TSRA Chief Executive Officer or staff member of TSRA
Division 7--TSRA Chief Executive Officer
- 144G TSRA Chief Executive Officer
- 144H Period of appointment
- 144J Remuneration and allowances
- 144K Leave of absence
- 144L Acting TSRA Chief Executive Officer
- 144M Disclosure of interests
- 144N Resignation
- 144P Termination of appointment
- 144Q Other terms and conditions
Division 8--Staff
Division 9--Finances
- 144TA Money payable to TSRA
- 144U Application of money of the TSRA
- 144V TSRA Housing Fund
- 144W TSRA Land and Natural Resources Fund
- 144X Borrowing on overdraft to meet temporary deficit
- 144Y Limits on TSRA's powers to raise money
- 144Z Exemption from taxation
- 144ZA Estimates
- 144ZB Annual report
- 144ZD TSRA Finance Directions
Division 11--TSRA Administrators
- 144ZF Powers of TSRA Administrator
- 144ZG Remuneration and allowances
- 144ZH TSRA Administrator holds office on a full-time basis
- 144ZJ Resignation of TSRA Administrator
- 144ZK Leave of absence
- 144ZL Other terms and conditions
- 144ZM Disclosure of interests
- 144ZN Termination of appointment
- 144ZP Acting TSRA Administrator
- 144ZQ Minister may appoint replacement TSRA Administrator if there is a vacancy in an office of TSRA Administrator
PART 4--INDIGENOUS BUSINESS AUSTRALIA
Division 1--Indigenous Business Australia
Division 2--Functions of Indigenous Business
- 147 Functions of Indigenous Business Australia
- 148 Performance of functions
- 150 Consideration of corporate plan by Minister
- 151 Directions by Minister
- 152 Powers of Indigenous Business Australia
- 153 Guarantees
- 154 Minister may ask for information
Division 3--Board of Directors of Indigenous Business
- 155 Board of Directors of Indigenous Business Australia
- 156 Responsibilities of Indigenous Business Australia Board
- 157 Appointment of Indigenous Business Australia Directors
- 158 Selection of Indigenous Business Australia Directors
Division 4--Administrative provisions
- 159 Period of appointment
- 160 Remuneration and allowances
- 161 Leave of absence
- 162 Acting appointments
- 164 Resignation
- 165 Termination of appointment
- 166 Other terms and conditions
Division 5--Operations of Indigenous Business
- 167 Meetings of Indigenous Business Australia Board
Division 6--Indigenous Business Australia Chief Executive Officer
- 168 Indigenous Business Australia Chief Executive Officer
- 169 Term of appointment
- 170 Holding of office
- 171 Remuneration and allowances
- 172 Acting Indigenous Business Australia Chief Executive Officer
- 172A Disclosure of interests
- 173 Resignation
- 174 Other terms and conditions
Division 7--Staff
Division 8--Finances
- 179 Capital of Indigenous Business Australia
- 181 Application of money held by Indigenous Business Australia
- 181A New Housing Fund
- 181B Review of decisions to refuse loans from New Housing Fund
- 182 Restriction on spending by Indigenous Business Australia
- 183 Borrowing for temporary purposes
- 184 Limit on Indigenous Business Australia's powers
- 185 Giving of security over assets
- 187 Powers of companies in which Indigenous Business Australia has an interest
- 188 Exemption from taxation
- 189 Annual report and financial statements
Division 9--Miscellaneous
- 190 Delegation to Indigenous Business Australia Chief Executive Officer or member of staff
- 191 Secrecy
- 191AA Guidelines for exercise of Indigenous Business Australia Chief Executive Officer's powers
PART 4A--INDIGENOUS LAND AND SEA CORPORATION
Division 1--Indigenous Land and Sea Corporation
Division 2--Functions and powers of Indigenous Land and Sea Corporation
- 191C Functions of Indigenous Land and Sea Corporation
- 191D Acquisition functions of Indigenous Land and Sea Corporation
- 191E Management functions of Indigenous Land and Sea Corporation
- 191EA Indigenous Land and Sea Corporation may make money available to Indigenous Business Australia
- 191F Performance of functions of Indigenous Land and Sea Corporation--general
- 191G Subsidiaries of Indigenous Land and Sea Corporation may perform functions corresponding to the Indigenous Land and Sea Corporation's functions
- 191H Powers of Indigenous Land and Sea Corporation
- 191I Guidelines about certain acquisition functions and management functions
- 191J Disposal of surplus land or water-related rights
- 191L Powers of Minister
Division 3--National and regional strategies
- 191N National indigenous land and sea strategy
- 191P Regional indigenous land and sea strategies
- 191Q Indigenous Land and Sea Corporation to have regard to strategies
- 191R Indigenous Land and Sea Corporation to make strategies available
Division 4--Dealings in land and in water-related rights granted by Indigenous Land and Sea Corporation
- 191S Restrictions on disposals and charges
- 191SA Indigenous Land and Sea Corporation's interest in land or in water-related rights
- 191SB Interest in land, or in water-related rights, of subsidiary of Indigenous Land and Sea Corporation
- 191T Surrender of land or of water-related right to Indigenous Land and Sea Corporation
- 191U Land granted by Indigenous Land and Sea Corporation must not be claimed under the Aboriginal Land Rights (Northern Territory) Act 1976
Division 5--Board of Directors of Indigenous Land and Sea Corporation
- 191V Board of Directors of Indigenous Land and Sea Corporation
- 191W Responsibilities of Indigenous Land and Sea Corporation Board
- 191X Appointment of Indigenous Land and Sea Corporation Directors
- 191Y Automatic re-appointment of incumbent pending appointment of successor
Division 6--Administrative provisions
- 191Z Period of appointment
- 192 Basis on which Indigenous Land and Sea Corporation Directors hold office
- 192A Remuneration and allowances
- 192B Outside employment--full-time Indigenous Land and Sea Corporation Chairperson
- 192C Leave of absence--part-time Indigenous Land and Sea Corporation Directors
- 192D Leave of absence--full-time Indigenous Land and Sea Corporation Chairperson
- 192E Acting appointments
- 192F Disclosure of interests
- 192G Resignation
- 192H Termination of appointment
- 192I Other terms and conditions
Division 7--Operations of Indigenous Land and Sea Corporation Board
- 192J Meetings of Indigenous Land and Sea Corporation Board
Division 8--Indigenous Land and Sea Corporation Chief Executive Officer
- 192K Indigenous Land and Sea Corporation Chief Executive Officer
- 192L Term of appointment
- 192M Holding of office
- 192N Remuneration and allowances of Indigenous Land and Sea Corporation Chief Executive Officer
- 192P Acting Indigenous Land and Sea Corporation Chief Executive Officer
- 192Q Resignation
- 192R Other terms and conditions
Division 9--Staff
- 192S Staff
- 192T Arrangements for Indigenous Business Australia staff to perform duties on behalf of Indigenous Land and Sea Corporation
- 192U Arrangements relating to staff
- 192V Consultants
Division 11--Finances
- 193J Application of money held by Indigenous Land and Sea Corporation
- 193K Application of the Public Governance, Performance and Accountability Act 2013
- 193L Borrowing
- 193M Giving of security over assets
- 193N Limit on guarantees
- 193P Exemption from taxation
- 193Q Foreign subsidiaries
Division 12--Exemption from stamp duty etc
- 193R Exemption from stamp duty etc.
Division 13--Secrecy
- 193S Secrecy
Division 14--Delegation
- 193T Delegation to Indigenous Land and Sea Corporation Chief Executive Officer or member of staff
Division 15--Reviews
- 193U Reviews
PART 5--MISCELLANEOUS
- 194 Remuneration and allowances
- 195A Review by TSRA of delegates' decisions
- 196A Review by Administrative Appeals Tribunal
- 197 Offences--guarantees, grants and loans
- 198 Offences--elections
- 199 Conduct of directors, employees and agents
- 200 Aboriginal Hostels Limited
- 200A Secrecy
- 200B Delegation by Finance Minister
- 200C Delegations
- 201 Regulations
PART 6--TRANSITIONAL PROVISIONS
Division 1--Preliminary
- 202 Interpretation
Division 3--Transitional provisions relating to Aboriginal Development Commission and Department of Aboriginal Affairs
- 206 Transfer of assets and liabilities of old Department
- 211 Old Commission instruments
- 215 Certificates relating to assets, liabilities and instruments
- 216 Exemption from taxation