Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p25
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
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person for the purposes of the Housing Fund; and

       (d) such amounts of the Commission's money as the Commission determines in writing.".

PART 23—AMENDMENTS RELATING TO THE REGIONAL LAND FUND OF THE COMMISSION

Regional Councils to prepare draft budgets

65. Section 97 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

  "(4) For the purposes of subsection (3), a draft budget:

  (a) may allocate some of the amount to the Land Fund; and

     (b) must allocate the amount, or so much of it as is not allocated to the Land Fund, among programs to improve the economic, social and cultural status of Aboriginal persons and Torres Strait Islanders living in the region concerned.".

Application of amendments

66. The amendments made by this Part apply in relation to the draft budget prepared by a Regional Council for the financial year beginning on 1 July 1994 and for each later financial year.

PART 24—AMENDMENT RELATING TO THE REVISION OF REGIONAL COUNCIL ESTIMATES ETC.

Estimates

67. Section 61 of the Principal Act is amended by inserting after subsection (6) the following subsections:

  "(6A) Subject to subsection (6B), the Commission may revise estimates.

"(6B) The Commission may revise Regional Council estimates only if each of the Regional Councils concerned has approved the revision in writing.".

Application of amendment

68. The amendment of section 61 of the Principal Act made by this Part applies in relation to:

     (a) estimates prepared for the financial year beginning on 1 July 1994 and for each later financial year; and

     (b) estimates prepared for a period other than a financial year, if the period begins on or after 1 July 1994.

PART 25—AMENDMENTS TO ALLOW THE COMMISSION TO REMOVE REGIONAL COUNCILLORS FROM OFFICE AND APPOINT AN ADMINISTRATOR IF THE REGIONAL COUNCIL CONTRAVENES CERTAIN STATUTORY OBLIGATIONS

Interpretation

69. Section 4 of the Principal Act is amended by inserting after paragraph (b) of the definition of "Administrator" in subsection (1) the following paragraph:

  "(ba) section 123A; or".

Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission

70. Section 45 of the Principal Act is amended by inserting after paragraph (c) the following paragraph:

  "(ca) its powers under section 123A to:

       (i) remove Regional Councillors from office; and

       (ii) appoint an Administrator to administer the affairs of a Regional Council;".

Insertion of new section

     71. After section 123 of the Principal Act the following section is inserted:

Removal of Regional Councillors if Regional Council contravenes certain statutory obligations

  "123A.(1) If a Regional Council:

    (a) refuses or fails to perform the functions conferred on it by paragraph 94(1)(a) (which relates to regional plans); or

    (b) refuses or fails to comply with