Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p35
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 91387–94049

were fewer than the eligible number of candidates for election to the TSRA at the last election for the TSRA; or

     (b) a casual vacancy in the membership of the TSRA has occurred and has not yet been filled, or is not able to be filled, in accordance with the TSRA election rules.

"(3) If there are fewer than 7 members of the TSRA, the Minister may, subject to subsection (4), by notice in the Gazette:

     (a) remove the remaining members (if any) of the TSRA from office; and

  (b) appoint a TSRA Administrator to administer the affairs of the TSRA.

  "(4) Subsection (3) does not apply if:

  (a) there are casual vacancies in the membership of the TSRA; and

     (b) some or all of those vacancies will be able to be filled in accordance with the TSRA election rules; and

     (c) when those casual vacancies are filled, the TSRA will have at least 7 members.

Minister may determine manner of representation on TSRA

"142S.(1) The Minister may, by notice in the Gazette, declare that he or she is satisfied that the TSRA would best be able to represent the Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area if it consisted of, or included, persons elected to represent particular communities in that area under the Queensland Act.

"(2) The notice must also set out details of how the TSRA is to be constituted and, without limiting the generality of the foregoing, may make any of the following provisions:

     (a) provision for some or all of the members of the TSRA to be persons elected under the Queensland Act to represent particular communities in the Torres Strait area;

     (b) provision for some of the members of the TSRA to be elected under this Act to represent particular communities in the Torres Strait area;

     (c) provision for the method of election of members of the TSRA to whom provisions under paragraph (b) apply;

     (d) provision for the term of office of members of the TSRA holding office under this section.

"(3) The notice may make such other provisions in relation to the constitution and operation of the TSRA as the Minister thinks necessary.

  "(4) A notice under this section has effect according to its terms.

"(5) A notice under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

"Division 5—TSRA elections

TSRA elections

"142T. The Australian Electoral Commission is to conduct TSRA elections in accordance with:

  (a) this Act; and

    (b) the TSRA election rules in force at the beginning of the election period.

People entitled to vote at TSRA elections

"142U. A person is entitled to vote at