Document ID: chunk:federal_register_of_legislation:C2004A04677:body:0:p36
Version: federal_register_of_legislation:C2004A04677
Segment Type: other
Provision Reference: 
Character Range: 93817–96464

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 an election for the members of the TSRA if and only if:

  (a) the person is a Torres Strait Islander or an Aboriginal person; and

  (b) either:

        (i) the person's name is on the Commonwealth Electoral Roll and the person's place of living as shown on that Roll is within the Torres Strait area; or

        (ii) the person is entitled to vote at the election under rules made under subsection 143G(3).

People qualified to be elected to the TSRA

"142V.(1) A person is not qualified to stand for election, or to be elected, as a member of the TSRA if:

  (a) the person is not entitled to vote at the TSRA election; or

  (b) the person is a member of the staff of, or a consultant to, the TSRA or the Commission; or

  (c) the person is bankrupt; or

     (d) there is in operation a composition, deed of arrangement or deed of assignment with the person's creditors under the law relating to bankruptcy; or

     (e) subject to subsection (2), the person has been convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or

     (f) subject to subsection (2), the person has been convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer.

"(2) Despite subsection (1), a person covered by paragraph (1)(e) or (f) is not disqualified by that paragraph from standing for election, or being elected, as a member of the TSRA if:

     (a) if the person was never actually imprisoned for the offence—at least 2 years have passed since the person was convicted; or

     (b) if the person served a term of imprisonment for the offence—at least 2 years have passed since the person was released from prison; or

     (c) in any case—the Federal Court of Australia, on application by the person, declares that despite the person's conviction, he or she ought not to be disqualified from standing for election, or being elected, as a member of the TSRA.

"(3) The Federal Court of Australia has jurisdiction with respect to matters arising under subsection (2).

Term of office of members of TSRA

"142W.(1) Persons elected, or declared to have been elected, as members of the TSRA otherwise than at a by-election to fill a casual vacancy:

     (a) take office as members at the end of the election period concerned; and

     (b) hold office, subject to