Document ID: chunk:federal_register_of_legislation:C2004A04677:schedule:4:p10
Version: federal_register_of_legislation:C2004A04677
Segment Type: schedule
Provision Reference: sch 4 (pt 10/31)
Character Range: 180618–183657

definition of "electorate notice" in subsection (1) and substituting "91(4)";

  (b) by inserting in subsection (1) the following definition:

     " 'recognised Aboriginal or Torres Strait Islander organisation' means:

        (a) a body the majority of whose members are Aboriginal persons or Torres Strait Islanders, or both; or

        (b) a body controlled, directly or indirectly, by Aboriginal persons or Torres Strait Islanders, or both; or

        (c) a body incorporated under the Aboriginal Councils and Associations Act 1976".

Regions

  107. Section 91 of the Principal Act is amended:

  (a) by omitting subsection (2) and substituting the following subsection:

    "(2) The Minister must not make a determination under subsection (1) except in accordance with a final boundary recommendation under Division 9.";

     (b) by omitting from subsection (4) "The Minister shall include, in a determination changing boundaries under subsection (1)" and substituting "If the Minister causes to be published a Gazette notice about the making of a determination under subsection (1), the Minister must also cause to be published in the same issue of the Gazette a notice consisting of.

Regional Council wards

108. Section 100A of the Principal Act is amended by inserting after subsection (4) the following subsections:

Rules about wards not to be made except in accordance with a final boundary recommendation

"(4A) The Minister must not make Regional Council election rules for the purposes of this section except in accordance with a final boundary recommendation under Division 9.

Minister not required to consult before making rules about wards

"(4B) Despite subsection 113(1), the Minister is not required to consult the Aboriginal and Torres Strait Islander Commission and the Electoral Commissioner before making rules for the purposes of this section.".

Zones

  109. Section 130 of the Principal Act is amended:

     (a) by omitting from subsection (2) "regulations may" and substituting "Minister may, by written determination,";

     (b) by omitting from subsection (3) "regulation" (wherever occurring) and substituting "determination";

  (c) by adding at the end the following subsections:

     "(4) The Minister must not make a determination under subsection (2) except in accordance with a final boundary recommendation under Division 9.

    "(5) A determination under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.".

Repeal of Division and substitution of new Division

110.  Division 9 of Part 3 of the Principal Act is repealed and the following Division is substituted:

"Division 9—Review Panels

"Subdivision A—Review Panels to be convened after elections

Review Panels

"141.(1) The Minister must convene a Review Panel within 90 days after the last declaration of the poll in a round of zone elections (other than zone elections for the Torres Strait zone).

"(2) A Review Panel must:

  (a) review the following matters: