Document ID: chunk:federal_register_of_legislation:C2004A05055:schedule:2
Version: federal_register_of_legislation:C2004A05055
Segment Type: schedule
Provision Reference: sch 2
Character Range: 42142–44556

Schedule 2—Amendment of the Aboriginal and Torres Strait Islander Commission Act 1989

1 Subsection 4(1) (definition of Commission Chairperson)

  Repeal the definition, substitute:

      Commission Chairperson means the Chairperson of the Commission elected under section 31A.

2 Subsection 4(1) (definition of elected Commissioner

  Repeal the definition.

3 Subsection 4(1) (definition of non-elected Commissioner)

  Repeal the definition.

4 Section 27

  Repeal the section, substitute:

27 Constitution of the Commission

(1) The Commission consists of 17 members appointed by the Minister.

      (2) The members are to be the persons elected under Division 7 of Part 3 to represent the several zones.

5 After section 30

  Insert:

31A Commission Chairperson

       (1) At the first meeting of the Commission after each round of zone elections (other than an election for the Torres Strait zone), the Commissioners must elect one of their number to be the Commission Chairperson.

       (2) At any other meeting of the Commission, the Commissioners must elect one of their number to be the Commission Chairperson if there is a vacancy in that office.

6 Subsection 33(1)

Repeal the subsection, substitute:

  (1) The Commission Chairperson holds office as Commission Chairperson until:

(a) he or she ceases to be a Commissioner; or

(b) another person is elected as the Chairperson under section 31A;

whichever happens first.

7 Subsection 33(1C)

Repeal the subsection.

8 Paragraph 36(1)(a)

   Omit "an appointment has previously been made to the office", substitute "a person has previously been elected as Commission Chairperson".

9 Subsections 36(4) and (5)

   Repeal the subsections.

10 Subsection 39(2)

Omit "An elected Commissioner is", substitute "A Commissioner is".

11 Subsection 40(6)

Omit "appointment of an elected Commissioner", substitute "appointment of a Commissioner".

12 Subsection 40(6A)

Omit "an elected Commissioner" (wherever occurring), substitute "a Commissioner".

13 Subsection 44(3)

Omit "8", substitute "7".

14 Subsection 44(4)

Omit "12", substitute "11".

15 Paragraph 44(5)(c)
Omit "8", substitute "7".

16 Paragraph 138(1)(b)
Omit "elected".

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[Minister's second reading speech made in—
      House of Representatives on 27 June 1996
      Senate on 21 August 1996]