Document ID: chunk:federal_register_of_legislation:C2004A04677:schedule:4:p24
Version: federal_register_of_legislation:C2004A04677
Segment Type: schedule
Provision Reference: sch 4 (pt 24/31)
Character Range: 217404–220202

to have resigned from that Regional Council; or

  (b) in the case of a Commissioner elected by the members of the TSRA:

      (i) the Commissioner resigns from the TSRA; or

         (ii) under section 143R, the Commissioner is taken to have resigned from the TSRA.".

9. Subsection 40(6):

  Omit the subsection, substitute:

"(6) The Minister may terminate the appointment of an elected Commissioner if:

     (a) in the case of a Commissioner elected by members of Regional Councils—he or she ceases to be a member of a Regional Council otherwise than by resigning from the Regional Council; or

     (b) in the case of a Commissioner elected by the members of the TSRA—he or she ceases to be a member of the TSRA otherwise than by resigning from the TSRA.".

10. Subsection 41(1):

  After "zone" insert "(other than the Torres Strait zone)".

11. After section 41:

  Insert:

Recall of Commissioner elected by members of TSRA

"41A.(1) If the Minister receives a valid petition calling for the removal of the Commissioner who represents the Torres Strait zone, the Minister must remove that Commissioner from office as soon as possible.

"(2) In this section:

'eligible person' means a person who would be entitled to vote at a TSRA election;

'sufficient number' means a number that is more than 66% of the Torres Strait area number;

'valid petition' means a petition:

     (a) that contains the signatures of a sufficient number of persons who were eligible persons when they signed the petition; and

     (b) that sets out legibly:

SCHEDULE 2—continued

      (i) the name of each person who signed the petition; and

      (ii) the date on which the person signed; and

         (iii) an address for the person that is sufficient to identify the place where the person lives; and

    (c) all the signatures to which have been affixed within the period of 6 months immediately before the delivery of the petition to the Minister.".

12. Section 55 (Note 1):

  After "Commission" insert "or the TSRA".

13. Section 55 (Note 2):

  After "Commission" (second occurring) insert "or the TSRA".

14. Section 56 (Note 1):

  After "Commission" insert "or the TSRA".

15. Section 56 (Note 2):

  After "Commission" (second occurring) insert "or the TSRA".

16. Section 58:

  Add at the end:

"(2) The Commission must pay to the TSRA money appropriated to the Commission for the purposes of the TSRA.

  "(3) The Minister must consult:

  (a) the Commission Chairperson; and

  (b) the Chairperson of the TSRA; and

  (c) the Commissioner representing the Torres Strait zone;

about the amount proposed to be appropriated to the Commission for the purposes of the TSRA.".

17. Subsection 61(7) (paragraph (a) of the definition of "money of the Commission"):

  Add at the end "or".

18.