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COMMUNITY SERVICES LEGISLATION AMENDMENT BILL 1999

      Queensland




COMMUNITY SERVICES
   LEGISLATION
AMENDMENT BILL 1999

 


 

 

Queensland COMMUNITY SERVICES LEGISLATION AMENDMENT BILL 1999 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) ACT 1984 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 6 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6A Meaning of "conclusion" of election for Aboriginal council . . . . . . 9 6 Insertion of new pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2A--INTERVENTION BY THE STATE Division 1--Powers of intervention 13A Procedures before exercise of certain powers . . . . . . . . . . . . . . . . . . 10 13B Revocation and suspension of resolutions and orders . . . . . . . . . . . . 11 13C Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13D Overruling by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13E Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13F Dissolution of Aboriginal council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13G Abolition of joint Aboriginal council and its area . . . . . . . . . . . . . . . 13 Division 2--Administrators 13H When administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . 13 13I Jurisdiction, powers and duties of administrator . . . . . . . . . . . . . . . . 14 13J Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

 


 

2 Community Services Legislation 13K Committee to help administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13L Conditions of appointment as administrator or member of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13M Recovery of amounts from Aboriginal councils . . . . . . . . . . . . . . . . 15 13N Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13O Decision by Minister on referral by administrator . . . . . . . . . . . . . . . 15 13P Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13Q Termination of administrator's appointment . . . . . . . . . . . . . . . . . . . 17 13R Termination of appointment of committee member etc. . . . . . . . . . 17 Division 3--Financial controller 13S Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13T Power of financial controller to revoke and suspend resolutions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13U Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13V Financial controller's employment conditions . . . . . . . . . . . . . . . . . 19 13W Recovery of amounts from Aboriginal councils . . . . . . . . . . . . . . . . 19 13X Termination of financial controller's appointment . . . . . . . . . . . . . . 19 7 Replacement of s 14 (Requirement of Aboriginal Councils) . . . . . . . . . . . . 19 14 Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14A Aboriginal council required for each council area . . . . . . . . . . . . . . 20 14B Implementation of council area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8 Insertion of new pt 3, div 1A hdg, ss 27B and 27C . . . . . . . . . . . . . . . . . . . . 20 Division 1A--Financial operations of Aboriginal councils 27B Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 27C Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 Omission of s 29A (Separate budgets for funds) . . . . . . . . . . . . . . . . . . . . . . 21 10 Amendment of s 29C (Framing of budget) . . . . . . . . . . . . . . . . . . . . . . . . . . 22 11 Insertion of new s 29CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29CA Amendment of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12 Omission of s 29E (Budget provisions apply to other funds) . . . . . . . . . . . . 22 13 Amendment of s 29F (Provisions in respect of loan repayments) . . . . . . . . 22 14 Amendment of s 29G (Illegal expenditure) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 15 Amendment of s 68 (Power of Aboriginal Council to regulate

 


 

3 Community Services Legislation presence in area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16 Amendment of s 77B (Aborigines' right to certain forest products and quarry material--non-Aboriginal land) . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 10--TRANSITIONAL PROVISION 85 Transitional provision for council areas . . . . . . . . . . . . . . . . . . . . . . . 25 PART 3--AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 18 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 19 Amendment of s 6 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 20 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 6A Meaning of "conclusion" of election for Island council . . . . . . . . . . 27 21 Insertion of new pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 2A--INTERVENTION BY THE STATE Division 1--Powers of intervention 13A Procedures before exercise of certain powers . . . . . . . . . . . . . . . . . . 28 13B Revocation and suspension of resolutions and orders . . . . . . . . . . . . 29 13C Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13D Overruling by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13E Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13F Dissolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13G Abolition of joint Island council and its area . . . . . . . . . . . . . . . . . . 31 Division 2--Administrators 13H When administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . 31 13I Jurisdiction, powers and duties of administrator . . . . . . . . . . . . . . . . 31 13J Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 13K Committee to help administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 13L Conditions of appointment as administrator or member of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 13M Recovery of amounts from Island councils . . . . . . . . . . . . . . . . . . . . 33 13N Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13O Decision by Minister on referral by administrator . . . . . . . . . . . . . . . 33 13P Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

 


 

4 Community Services Legislation 13Q Termination of administrator's appointment . . . . . . . . . . . . . . . . . . . 34 13R Termination of appointment of committee member etc. . . . . . . . . . 35 Division 3--Financial controller 13S Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13T Power of financial controller to revoke and suspend resolutions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13U Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13V Financial controller's employment conditions . . . . . . . . . . . . . . . . . 36 13W Recovery of amounts from Island councils . . . . . . . . . . . . . . . . . . . . 36 13X Termination of financial controller's appointment . . . . . . . . . . . . . . 37 22 Replacement of s 14 (Requirement of Island Councils) . . . . . . . . . . . . . . . 37 14 Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14A Island council required for each council area . . . . . . . . . . . . . . . . . . 37 14B Implementation of council area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 23 Amendment of s 23 (Functions of Island Councils) . . . . . . . . . . . . . . . . . . . 38 24 Insertion of new pt 3, div 1A hdg, ss 25B and 25C . . . . . . . . . . . . . . . . . . . . 39 Division 1A--Financial operations of Island councils 25B Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 25C Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 25 Omission of s 27A (Separate budgets for funds) . . . . . . . . . . . . . . . . . . . . . . 40 26 Amendment of s 27C (Framing of budget) . . . . . . . . . . . . . . . . . . . . . . . . . . 40 27 Insertion of new s 27CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 27CA Amendment of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 28 Omission of s 27E (Budget provisions apply to other funds) . . . . . . . . . . . . 41 29 Amendment of s 27F (Provisions in respect of loan repayments) . . . . . . . . 41 30 Amendment of s 27G (Illegal expenditure) . . . . . . . . . . . . . . . . . . . . . . . . . . 41 31 Amendment of s 45 (Membership of council) . . . . . . . . . . . . . . . . . . . . . . . . 41 32 Amendment of s 66 (Power of Island council to regulate presence in area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 33 Amendment of s 76B (Islanders' right to certain forest products and quarry material--non-Torres Strait Islander land) . . . . . . . . . . . . . . . . . 43

 


 

5 Community Services Legislation 34 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 10--TRANSITIONAL PROVISION 84 Transitional provision for council areas . . . . . . . . . . . . . . . . . . . . . . . 44 PART 4--MINOR AMENDMENTS 35 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 46 MINOR AMENDMENTS COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . . 46 COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . . 57

 


 

 

1999 A BILL FOR An Act to amend the Community Services (Aborigines) Act 1984 and the Community Services (Torres Strait) Act 1984

 


 

s1 8 s4 Community Services Legislation The Parliament of Queensland enacts-- 1 ART 1--PRELIMINARY 2 P title 3 Short Clause 1. This Act may be cited as the Community Services Legislation 4 Amendment Act 1999. 5 6 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 7 ART 2--AMENDMENT OF COMMUNITY 8 P SERVICES (ABORIGINES) ACT 1984 9 amended in pt 2 10 Act Clause 3. This part amends the Community Services (Aborigines) Act 1984. 11 of s 6 (Meaning of terms) 12 Amendment Clause 4.(1) Section 6, heading-- 13 omit, insert-- 14 `Definitions'. 15 (2) Section 6, definitions "area" and "trust area"-- 16 omit. 17 (3) Section 6-- 18 insert-- 19 ` "council area" means a part of the State declared to be a council area 20

 


 

s5 9 s5 Community Services Legislation under section 14.'. 1 (4) Section 6, definition "by-laws", paragraph (a), `an area'-- 2 omit, insert-- 3 `a council area'. 4 (5) Section 6, definition "by-laws", paragraph (b), `of the area'-- 5 omit, insert-- 6 `of an area'. 7 (6) Section 6(2)-- 8 omit. 9 of new s 6A 10 Insertion Clause 5. After section 6-- 11 insert-- 12 of "conclusion" of election for Aboriginal council 13 `Meaning `6A. The "conclusion" of the election of a councillor is-- 14 (a) if the councillor is elected at an election of all councillors of the 15 Aboriginal council--the day on which the last declaration of a poll 16 conducted in the election is displayed as required under this 17 regulation; or 18 (b) if the councillor is elected at a by-election and-- 19 (i) a poll is conducted--the day on which the declaration of the 20 poll is displayed as required under this regulation; or 21 (ii) a poll is not conducted--the day after the nomination day for 22 the by-election; or 23 (c) if, because the number of candidates nominated for election is the 24 same or less than the number of councillors to be elected, the 25 councillor is elected (other than at a by-election) and-- 26 (i) 1 or more polls are conducted in the council's area--the day 27 on which the last declaration of a poll is displayed as 28 required under this regulation; or 29

 


 

s6 10 s6 Community Services Legislation (ii) a poll is not conducted--6 p.m. on the day that a poll would 1 otherwise have been required under this regulation to be 2 conducted.'. 3 of new pt 2A 4 Insertion Clause 6. After section 13-- 5 insert-- 6 `PART 2A--INTERVENTION BY THE STATE 7 `Division 1--Powers of intervention 8 before exercise of certain powers 9 `Procedures `13A.(1) Before the Governor in Council or Minister exercises a power 10 under this division in relation to an Aboriginal council, the Minister must 11 give written notice of the proposed exercise of the power to the council. 12 `(2) However, notice need not be given if-- 13 (a) the power is proposed to be exercised at the Aboriginal council's 14 request; or 15 (b) the Minister considers giving notice-- 16 (i) is likely to defeat the purpose of the proposed exercise of the 17 power; or 18 (ii) would serve no useful purpose. 19 `(3) The notice must state-- 20 (a) the reasons for the proposed exercise of power; and 21 (b) a period within which the Aboriginal council may make 22 submissions to the Minister about the proposed exercise of 23 power. 24 `(4) Reasons stated in the notice are the only reasons that can be relied on 25 in support of the exercise of the power. 26 `(5) The Minister must have regard to all submissions made by the 27 Aboriginal council within the stated period. 28

 


 

s6 11 s6 Community Services Legislation `(6) The power may be exercised without further notice to the Aboriginal 1 council if-- 2 (a) the proposed exercise of power is to proceed despite the council's 3 submissions; or 4 (b) no submissions of the council are received by the Minister within 5 the stated period. 6 and suspension of resolutions and orders 7 `Revocation `13B.(1) The Governor in Council may, by regulation-- 8 (a) revoke, or suspend the operation of, a resolution of an Aboriginal 9 council or an order issued by an Aboriginal council to give effect 10 to a resolution; and 11 (b) end the suspension of the resolution or order. 12 `(2) However, the Governor in Council may make a regulation revoking, 13 or suspending the operation of, a resolution or order of an Aboriginal 14 council only if the Minister is satisfied, on reasonable grounds, that-- 15 (a) the resolution or order is unlawful; or 16 (b) the resolution or order was made for an improper purpose. 17 `(3) The suspension may be for a stated period or indefinite. 18 of revocation or suspension 19 `Effect `13C.(1) A resolution or order of an Aboriginal council that is revoked 20 by regulation-- 21 (a) ceases to have effect on the day stated by the regulation; or 22 (b) if no day is stated--is taken never to have had effect. 23 `(2) A resolution or order of an Aboriginal council whose operation is 24 suspended by a regulation does not have effect while it is suspended. 25 `(3) The State is not legally liable for any loss or expense incurred by a 26 person because of the revocation or suspension by regulation of an 27 Aboriginal council's resolution or order. 28

 


 

s6 12 s6 Community Services Legislation by-laws 1 `Overruling `13D.(1) The Governor in Council may, by regulation, declare that a 2 by-law, or a provision of a by-law, ceases to have effect, if the Governor in 3 Council considers that it is necessary to make the declaration to protect State 4 interests. 5 `(2) The Governor in Council may, by regulation, later declare that the 6 by-law or provision again has effect, if the Governor in Council considers 7 that it is no longer necessary for the declaration under subsection (1) to 8 continue to have effect to protect State interests. 9 of financial controller 10 `Appointment `13E. The Governor in Council may, by regulation, appoint a financial 11 controller for an Aboriginal council if the Minister is satisfied that the 12 council-- 13 (a) has made a disbursement from a fund that is not provided for in 14 the council's budget; or 15 (b) has made a disbursement from grant monies for a purpose other 16 than the purpose for which the grant was given; or 17 (c) has failed to prepare financial statements as required by 18 section 32A;1 or 19 (d) is at risk of insolvency. 20 of Aboriginal council 21 `Dissolution `13F.(1) The Governor in Council may, by regulation, dissolve an 22 Aboriginal council if the Minister is satisfied that the council-- 23 (a) has acted unlawfully or corruptly; or 24 (b) has acted in a way that puts at risk its capacity to exercise properly 25 its jurisdiction of local government; or 26 (c) is incompetent or can not properly exercise its jurisdiction of local 27 government. 28 1 Section 32A (Preparation of financial statements)

 


 

s6 13 s6 Community Services Legislation `(2) Subsection (1) is subject to the Constitution Act 1867, section 55.2 1 `(3) On dissolution of the Aboriginal council-- 2 (a) its councillors go out of office; and 3 (b) an administrator must be appointed; and 4 (c) the council continues in existence as a body corporate and is 5 constituted by the administrator.3 6 of joint Aboriginal council and its area 7 `Abolition `13G.(1) The Governor in Council may, by regulation, abolish a joint 8 Aboriginal council and its area. 9 `(2) A regulation may provide for-- 10 (a) the apportionment of the joint Aboriginal council's assets and 11 liabilities among its component councils; and 12 (b) any other matter for which it is necessary or convenient to make 13 provision on the dissolution of the joint Aboriginal council.4 14 2--Administrators 15 `Division administrator may be appointed 16 `When `13H. If an Aboriginal council is dissolved under section 13F,5 the 17 Governor in Council must, by gazette notice, appoint a person as 18 administrator of the council. 19 2 Section 55 (Manner of appointing persons to exercise powers, authorities, duties and functions of local government) 3 For timing of fresh election see section 13Q(2). 4 The Local Government Act 1993, section 13 provides for the application of certain provisions of the Local Government Act to Aboriginal councils. In particular section 13(2) provides that the provisions of chapter 2, part 2 about joint local governments apply to Aboriginal councils. 5 Section 13F (Dissolution of Aboriginal council)

 


 

s6 14 s6 Community Services Legislation powers and duties of administrator 1 `Jurisdiction, `13I.(1) The administrator of an Aboriginal council has all the 2 jurisdiction, powers and duties of the council concerned. 3 `(2) However-- 4 (a) a regulation may limit the jurisdiction, powers and duties of the 5 administrator; and 6 (b) the administrator does not have a duty of an Aboriginal council 7 appropriate only to a body of persons. 8 `(3) If the chairperson of an Aboriginal council is required or permitted 9 by law to exercise a power, the administrator is required or permitted to 10 exercise the power instead of the chairperson. 11 `(4) This Act and other Acts apply to the administrator, with all necessary 12 changes, as if the administrator were the Aboriginal council. 13 of administrator 14 `Title `13J. For the purpose of exercising its jurisdiction of local government, 15 the title of an administrator is `Administrator of the (name of the Aboriginal 16 council)'. 17 to help administrator 18 `Committee `13K.(1) When an administrator is appointed, the Minister may appoint a 19 committee of persons to help the administrator in exercising the jurisdiction 20 of local government of the Aboriginal council concerned. 21 `(2) A person may be appointed as a member of a committee for a 22 limited time or indefinitely. 23 `(3) The administrator is chairperson of the committee and must preside 24 at every meeting of the committee at which the administrator is present. 25 `(4) If, because of absence or incapacity, the administrator can not 26 perform the functions of chairperson of the committee, the other members 27 of the committee must appoint a member to act as chairperson at meetings 28 of the committee until the administrator is able to perform the functions. 29

 


 

s6 15 s6 Community Services Legislation of appointment as administrator or member of committee 1 `Conditions `13L.(1) An administrator or a member of a committee is entitled to the 2 fees, allowances and expenses decided by the Governor in Council. 3 `(2) The fees, allowances and expenses are payable by the Aboriginal 4 council concerned. 5 `(3) A public service officer who is appointed as an administrator or as a 6 member of a committee may hold the appointment as well as the public 7 service office. 8 of amounts from Aboriginal councils 9 `Recovery `13M.(1) The Governor in Council may direct an Aboriginal council for 10 which an administrator is appointed to pay to the Minister an amount stated 11 in the direction as the costs and expenses of the administrator. 12 `(2) The stated amount may include salary and allowances payable to a 13 public service officer who is appointed as administrator or a member of a 14 committee. 15 `(3) The direction may state a time for payment. 16 `(4) The stated amount is a debt payable to the State. 17 of committee 18 `Role `13N.(1) An administrator appointed for an Aboriginal council must 19 ensure that every decision of the committee about the exercise of the 20 jurisdiction of local government for the council's area is implemented as 21 soon as is practicable after the committee's decision is taken. 22 `(2) However, if the administrator considers that implementing a decision 23 of the committee would not be in the best interests of the area, the 24 administrator must refer the issue to the Minister for decision. 25 `(3) The referral must be made within 14 days after the administrator 26 becomes aware of the committee's decision. 27 by Minister on referral by administrator 28 `Decision `13O.(1) If an issue is referred to the Minister by an administrator under 29

 


 

s6 16 s6 Community Services Legislation section 13N(2), the Minister may cause the chief executive of the 1 department to make the inquiries, investigations and inspections that the 2 Minister considers appropriate. 3 `(2) The Minister's decision on the issue is taken to be the decision of the 4 committee and is final and binding on the administrator and the committee. 5 `(3) The administrator must ensure the Minister's decision is 6 implemented as quickly as practicable. 7 of committee 8 `Procedures `13P.(1) A relevant provision applies to a committee appointed to help an 9 administrator as if-- 10 (a) the committee were an Aboriginal council; and 11 (b) the administrator, or person acting as chairperson of the 12 committee, were the chairperson of the council. 13 `(2) In this section-- 14 "relevant provision" means a provision of this Act, or a provision of a 15 regulation made under this Act, that deals with any of the following 16 matters for an Aboriginal council-- 17 (a) the times of its meetings; 18 (b) the quorum at its meetings; 19 (c) notice of its meetings; 20 (d) adjournment of its meetings; 21 (e) entitlements of members to vote at its meetings; 22 (f) disability of a member to vote because of a pecuniary interest in a 23 matter; 24 (g) registers of pecuniary interests disclosures; 25 (h) minutes of its proceedings; 26 (i) revocation or amendment of its resolutions; 27 (j) a matter prescribed under a regulation. 28

 


 

s6 17 s6 Community Services Legislation of administrator's appointment 1 `Termination `13Q.(1) The appointment of an administrator-- 2 (a) may be terminated by the Governor in Council for any reason; or 3 (b) ceases on the conclusion of a fresh election of the councillors of 4 the Aboriginal council concerned. 5 `(2) It is the intention of the Parliament that a fresh election of the 6 councillors of the Aboriginal council should be held as soon as possible 7 after the appointment of an administrator for the council. 8 of appointment of committee member etc. 9 `Termination `13R.(1) The appointment of all members or any member of a 10 committee to help an administrator may be terminated by the Minister, for 11 any reason, by written notice signed by the Minister and given to the 12 members or member. 13 `(2) A committee appointed to help an administrator ceases to exist on 14 the conclusion of a fresh election of councillors of the Aboriginal council 15 concerned. 16 3--Financial controller 17 `Division of financial controller 18 `Functions `13S.(1) A financial controller appointed for an Aboriginal council is 19 responsible for ensuring the council adheres to its budget. 20 `(2) Also, the financial controller-- 21 (a) may give advice about financial management to the Aboriginal 22 council; and 23 (b) may undertake other administrative duties requested by the 24 council; and 25 (c) must undertake other administrative duties directed by the 26 Minister. 27

 


 

s6 18 s6 Community Services Legislation of financial controller to revoke and suspend resolutions and 1 `Power orders 2 `13T.(1) A financial controller for an Aboriginal council may, by written 3 notice to the council's clerk-- 4 (a) revoke, or suspend the operation of, a resolution of the council or 5 an order issued by a council to give effect to a resolution; and 6 (b) end the suspension of the resolution or order. 7 `(2) However, the financial controller may revoke or suspend a resolution 8 or order under subsection (1) only if the financial controller reasonably 9 believes-- 10 (a) the resolution or order will result in unlawful expenditure by the 11 Aboriginal council; or 12 (b) the resolution or order will result in expenditure from grant 13 monies for a purpose other than the purpose for which the grant 14 was given; or 15 (c) the resolution or order will cause the council to become insolvent. 16 `(3) The notice must state the reasons for the revocation or suspension. 17 `(4) The suspension may be for a stated period or indefinite. 18 of revocation or suspension 19 `Effect `13U.(1) A resolution or order of an Aboriginal council that is revoked 20 under section 13T-- 21 (a) ceases to have effect on the day stated in the notice to the council's 22 clerk; or 23 (b) if no day is stated--is taken never to have had effect. 24 `(2) A resolution or order of an Aboriginal council whose operation is 25 suspended under section 13T does not have effect while it is suspended. 26 `(3) Neither the State nor the financial controller is legally liable for any 27 loss or expense incurred by a person because of the revocation or 28 suspension of an Aboriginal council's resolution or order under 29 section 13T. 30

 


 

s7 19 s7 Community Services Legislation controller's employment conditions 1 `Financial `13V. A financial controller for an Aboriginal council is to be employed 2 under the Public Service Act 1996. 3 of amounts from Aboriginal councils 4 `Recovery `13W.(1) The Governor in Council may direct an Aboriginal council for 5 which a financial controller is appointed to pay to the Minister an amount 6 stated in the direction as the costs and expenses of the financial controller. 7 `(2) The stated amount may include salary and allowances payable to the 8 financial controller as a public service officer. 9 `(3) The direction may state a time for payment. 10 `(4) The stated amount is a debt payable to the State. 11 of financial controller's appointment 12 `Termination `13X. The appointment of a financial controller may be terminated by the 13 Governor in Council for any reason.'. 14 of s 14 (Requirement of Aboriginal Councils) 15 Replacement Clause 7. Section 14-- 16 omit, insert-- 17 of council areas 18 `Declaration `14.(1) A regulation may declare a part of the State to be a council area. 19 `(2) However, a regulation may not-- 20 (a) declare more than 1 council area for a part of the State; or 21 (b) declare a council area for a part of the State that is, or is included 22 in-- 23 (i) a council area under the Community Services (Torres Strait) 24 Act 1984; or 25 (ii) a local government area under the Local Government Act 26 1993; or 27

 


 

s8 20 s8 Community Services Legislation (iii) the area of the City of Brisbane under the City of Brisbane 1 Act 1924. 2 council required for each council area 3 `Aboriginal `14A. There must be an Aboriginal council for each council area. 4 of council area 5 `Implementation `14B.(1) A regulation may provide for the implementation of a council 6 area. 7 `(2) Without limiting subsection (1), the regulation may provide for-- 8 (a) holding an election for the Aboriginal council for the council area, 9 including, for example, the date of the election and payment of the 10 cost of the returning officer and election; and 11 (b) the appointment of an interim council clerk for the Aboriginal 12 council; and 13 (c) notice of the day the council area starts; and 14 (d) payment of the expenses incurred by the appointment, or 15 administrative activities, of the interim council clerk; and 16 (e) the adoption of a budget for the Aboriginal council for the period 17 from changeover day until the following 30 June; and 18 (f) any other matter for which it is necessary or convenient to provide 19 for the implementation of the council area. 20 `(3) If the election for the Aboriginal council concludes less than 21 18 months before the next triennial elections for Aboriginal councils are 22 held the next triennial election is not required to be held for the area.'. 23 of new pt 3, div 1A hdg, ss 27B and 27C 24 Insertion Clause 8. After section 27A-- 25

 


 

s9 21 s9 Community Services Legislation insert-- 1 `Division 1A--Financial operations of Aboriginal councils 2 ssue of standards 3 `I `27B.(1) The Minister may make accounting standards ("Aboriginal 4 Council Accounting Standards") about-- 5 (a) the policies and principles to be complied with by Aboriginal 6 councils in financial management, including, for example, internal 7 audit; and 8 (b) the content of financial statements by Aboriginal councils; and 9 (c) any other matter that is required or permitted to be prescribed by 10 standard. 11 `(2) Before making a standard, the Minister must-- 12 (a) consult with the auditor-general about the standard; and 13 (b) have regard to relevant standards made by appropriate 14 professional bodies. 15 `(3) The standards may include practice statements if the Minister 16 considers a uniform standard of practice or procedure is necessary or 17 desirable. 18 `(4) A standard made under subsection (1) is subordinate legislation. 19 must be complied with 20 `Standards `27C. An Aboriginal council must comply with the Aboriginal Council 21 Accounting Standards.'. 22 of s 29A (Separate budgets for funds) 23 Omission Clause 9. Section 29A-- 24 omit. 25

 


 

s 10 22 s 13 Community Services Legislation of s 29C (Framing of budget) 1 Amendment Clause 10.(1) Section 29C(1), `the budget for the general fund'-- 2 omit, insert-- 3 `its budget'. 4 (2) Section 29C(1)(a) and (b), `as prescribed'-- 5 omit. 6 (3) Section 29C(4)-- 7 omit, insert-- 8 `(4) If, at the end of a year, there is a surplus or deficit in the general 9 fund, the surplus or deficit must be carried forward and taken into account 10 by the Aboriginal council-- 11 (a) in framing the budget for the next year; and 12 (b) in making and levying rates and charges for the next year.'. 13 of new s 29CA 14 Insertion Clause 11. After section 29C-- 15 insert-- 16 of budget 17 `Amendment `29CA. An Aboriginal council may amend its budget for a financial year 18 at any time before the year ends.'. 19 of s 29E (Budget provisions apply to other funds) 20 Omission Clause 12. Section 29E-- 21 omit. 22 of s 29F (Provisions in respect of loan repayments) 23 Amendment Clause 13. Section 29F, `the budget in respect of any established fund'-- 24 omit, insert-- 25 `its budget'. 26

 


 

s 14 23 s 15 Community Services Legislation of s 29G (Illegal expenditure) 1 Amendment Clause 14.(1) Section 29G, `from any fund which disbursement'-- 2 omit, insert-- 3 `that'. 4 (2) Section 29G, `relating to such fund'-- 5 omit. 6 (3) Section 29G, `trust area concerned'-- 7 omit, insert-- 8 `council area'. 9 (4) Section 29G, `or other such fund'-- 10 omit. 11 of s 68 (Power of Aboriginal Council to regulate presence 12 Amendment in area) 13 Clause 15.(1) Section 68, `the area for which it is established'-- 14 omit, insert-- 15 `its council area'. 16 (2) Section 68(2), `Aboriginal land'-- 17 omit, insert-- 18 `land for which it is not trustee'. 19 (3) Section 68(2)(a)-- 20 omit, insert-- 21 `(a) the council has-- 22 (i) made a reasonable effort to locate any persons (the 23 "interested persons") who have the right to exclude 24 persons from the land; and 25 (ii) has explained the nature, purpose and effect of the proposed 26 by-law to the interested persons; and'. 27

 


 

s 16 24 s 16 Community Services Legislation (4) Section 68(2)(b) and (c), `Aboriginal people'-- 1 omit, insert-- 2 `interested persons'. 3 (5) Section 68(2)(b), `, and are generally in agreement with,'-- 4 omit. 5 (6) Section 68(2)-- 6 insert-- 7 `(ba)the interested persons the council has located have consented to 8 the making of the proposed by-law; and'. 9 (7) Section 68-- 10 insert-- 11 `(4) If land for which the council is not trustee becomes part of the 12 council's council area after a by-law is made under this section regulating 13 the presence of persons in the area, the by-law does not apply to the land 14 until the council has followed the procedure in subsection (2) in relation to 15 the land.'. 16 of s 77B (Aborigines' right to certain forest products and 17 Amendment quarry material--non-Aboriginal land) 18 Clause 16.(1) Section 77B(1), `on non-Aboriginal land in a trust area'-- 19 omit, insert-- 20 `in an Aboriginal council's council area'. 21 (2) Section 77B(1), `the land for use within the area in which the land is 22 situated'-- 23 omit, insert-- 24 `trust land held by the council, for use within the council's area'. 25 (3) Section 77B(3), `established for an area'-- 26 omit. 27 (4) Section 77B(3), `non-Aboriginal land situated in the area for use in 28 the area'-- 29

 


 

s 17 25 s 17 Community Services Legislation omit, insert-- 1 `trust land held by the council, for use within the council's area'. 2 (5) Section 77B-- 3 insert-- 4 `(5) In this section-- 5 "trust land" means land that is trust land for the benefit of Aboriginal or 6 Torres Strait Islander inhabitants or for Aboriginal or Torres Strait 7 Islander purposes under the Land Act 1994.'. 8 of new pt 10 9 Insertion Clause 17. After section 84-- 10 insert-- 11 `PART 10--TRANSITIONAL PROVISION 12 provision for council areas 13 `Transitional `85.(1) On the commencement, each Aboriginal council's existing area 14 continues as its council area, under the same name, as if-- 15 (a) the existing area had been declared to be a council area under a 16 regulation under section 14; and 17 (b) the council had been established for the area. 18 `(2) To remove any doubt, it is declared that the continuance of an 19 existing area as a council area under this section does not affect anything 20 done in relation to the existing area before the commencement. 21 `(3) For example, on the commencement-- 22 (a) Aboriginal police and authorised officers appointed for an existing 23 area immediately before the commencement continue to be 24 appointed for the area; and 25 (b) an Aboriginal Court constituted for an existing area immediately 26 before the commencement continues to be constituted for the area. 27 `(4) A regulation under section 14 may declare a part of the State (the 28

 


 

s 18 26 s 19 Community Services Legislation "declared area") to be a council area even though all or part of the declared 1 area is a council area because of subsection (1). 2 `(5) In this section-- 3 "commencement" means the commencement of the Community Services 4 Legislation Amendment Act 1999, section 17. 5 "existing area", for an Aboriginal council, means the area that, 6 immediately before the commencement, was the trust area for which 7 the council was established.'. 8 ART 3--AMENDMENT OF COMMUNITY 9 P SERVICES (TORRES STRAIT) ACT 1984 10 amended in pt 3 11 Act Clause 18. This part amends the Community Services (Torres Strait) Act 1984. 12 of s 6 (Meaning of terms) 13 Amendment Clause 19.(1) Section 6, heading-- 14 omit, insert-- 15 `Definitions'. 16 (2) Section 6, definitions "area", "area of a community" and "trust 17 area"-- 18 omit. 19 (3) Section 6-- 20 insert-- 21 ` "council area" means a part of the State declared to be a council area 22 under section 14.'. 23 (4) Section 6, definition "by-laws", paragraph (b), `of the area'-- 24 omit, insert-- 25

 


 

s 20 27 s 21 Community Services Legislation `of an area'. 1 (5) Section 6(2)-- 2 omit. 3 of new s 6A 4 Insertion Clause 20. After section 6-- 5 insert-- 6 of "conclusion" of election for Island council 7 `Meaning `6A. The "conclusion" of the election of a councillor is-- 8 (a) if the councillor is elected at an election of all councillors of the 9 Island council--the day on which the last declaration of a poll 10 conducted in the election is displayed as required under this 11 regulation; or 12 (b) if the councillor is elected at a by-election and-- 13 (i) a poll is conducted--the day on which the declaration of the 14 poll is displayed as required under this regulation; or 15 (ii) a poll is not conducted--the day after the nomination day for 16 the by-election; or 17 (c) if, because the number of candidates nominated for election is the 18 same or less than the number of councillors to be elected, the 19 councillor is elected (other than at a by-election) and-- 20 (i) 1 or more polls are conducted in the council's area--the day 21 on which the last declaration of a poll is displayed as 22 required under this regulation; or 23 (ii) a poll is not conducted--6 p.m. on the day that a poll would 24 otherwise have been required under this regulation to be 25 conducted.'. 26 of new pt 2A 27 Insertion Clause 21. After section 13-- 28 insert-- 29

 


 

s 21 28 s 21 Community Services Legislation `PART 2A--INTERVENTION BY THE STATE 1 `Division 1--Powers of intervention 2 before exercise of certain powers 3 `Procedures `13A.(1) Before the Governor in Council or Minister exercises a power 4 under this division in relation to an Island council, the Minister must give 5 written notice of the proposed exercise of the power to the council. 6 `(2) However, notice need not be given if-- 7 (a) the power is proposed to be exercised at the Island council's 8 request; or 9 (b) the Minister considers giving notice-- 10 (i) is likely to defeat the purpose of the proposed exercise of the 11 power; or 12 (ii) would serve no useful purpose. 13 `(3) The notice must state-- 14 (a) the reasons for the proposed exercise of power; and 15 (b) a period within which the Island council may make submissions 16 to the Minister about the proposed exercise of power. 17 `(4) Reasons stated in the notice are the only reasons that can be relied on 18 in support of the exercise of the power. 19 `(5) The Minister must have regard to all submissions made by the 20 Island council within the stated period. 21 `(6) The power may be exercised without further notice to the Island 22 council if-- 23 (a) the proposed exercise of power is to proceed despite the council's 24 submissions; or 25 (b) no submissions of the council are received by the Minister within 26 the stated period. 27

 


 

s 21 29 s 21 Community Services Legislation and suspension of resolutions and orders 1 `Revocation `13B.(1) The Governor in Council may, by regulation-- 2 (a) revoke, or suspend the operation of, a resolution of an Island 3 council or an order issued by an Island council to give effect to a 4 resolution; and 5 (b) end the suspension of the resolution or order. 6 `(2) However, the Governor in Council may make a regulation revoking, 7 or suspending the operation of, a resolution or order of an Island council 8 only if the Minister is satisfied, on reasonable grounds, that-- 9 (a) the resolution or order is unlawful; or 10 (b) the resolution or order was made for an improper purpose. 11 `(3) The suspension may be for a stated period or indefinite. 12 of revocation or suspension 13 `Effect `13C.(1) A resolution or order of an Island council that is revoked by 14 regulation-- 15 (a) ceases to have effect on the day stated by the regulation; or 16 (b) if no day is stated--is taken never to have had effect. 17 `(2) A resolution or order of an Island council whose operation is 18 suspended by a regulation does not have effect while it is suspended. 19 `(3) The State is not legally liable for any loss or expense incurred by a 20 person because of the revocation or suspension by regulation of an Island 21 council's resolution or order. 22 by-laws 23 `Overruling `13D.(1) The Governor in Council may, by regulation, declare that a 24 by-law, or a provision of a by-law, ceases to have effect, if the Governor in 25 Council considers that it is necessary to make the declaration to protect State 26 interests. 27 `(2) The Governor in Council may, by regulation, later declare that the 28 by-law or provision again has effect, if the Governor in Council considers 29

 


 

s 21 30 s 21 Community Services Legislation that it is no longer necessary for the declaration under subsection (1) to 1 continue to have effect to protect State interests. 2 of financial controller 3 `Appointment `13E. The Governor in Council may, by regulation, appoint a financial 4 controller for an Island council if the Minister is satisfied that the council-- 5 (a) has made a disbursement from a fund that is not provided for in 6 the council's budget; or 7 (b) has made a disbursement from grant monies for a purpose other 8 than the purpose for which the grant was given; or 9 (c) has failed to prepare financial statements as required by 10 section 30A;6 or 11 (d) is at risk of insolvency. 12 of Island council 13 `Dissolution `13F.(1) The Governor in Council may, by regulation, dissolve an Island 14 council if the Minister is satisfied that the council-- 15 (a) has acted unlawfully or corruptly; or 16 (b) has acted in a way that puts at risk its capacity to exercise properly 17 its jurisdiction of local government; or 18 (c) is incompetent or can not properly exercise its jurisdiction of local 19 government. 20 `(2) Subsection (1) is subject to the Constitution Act 1867, section 55.7 21 `(3) On dissolution of the Island council-- 22 (a) its councillors go out of office; and 23 (b) an administrator must be appointed; and 24 6 Section 30A (Preparation of financial statements) 7 Section 55 (Manner of appointing persons to exercise powers, authorities, duties and functions of local government)

 


 

s 21 31 s 21 Community Services Legislation (c) the council continues in existence as a body corporate and is 1 constituted by the administrator.8 2 of joint Island council and its area 3 `Abolition `13G.(1) The Governor in Council may, by regulation, abolish a joint 4 Island council and its area. 5 `(2) A regulation may provide for-- 6 (a) the apportionment of the joint Island council's assets and 7 liabilities among its component councils; and 8 (b) any other matter for which it is necessary or convenient to make 9 provision on the dissolution of the joint Island council.9 10 2--Administrators 11 `Division administrator may be appointed 12 `When `13H. If an Island council is dissolved under section 13F,10 the Governor 13 in Council must, by gazette notice, appoint a person as administrator of the 14 council. 15 powers and duties of administrator 16 `Jurisdiction, `13I.(1) The administrator of an Island council has all the jurisdiction, 17 powers and duties of the council concerned. 18 `(2) However-- 19 (a) a regulation may limit the jurisdiction, powers and duties of the 20 administrator; and 21 8 For timing of fresh election see section 13Q(2). 9 The Local Government Act 1993, section 13 provides for the application of certain provisions of the Local Government Act to Island councils. In particular, section 13(2) provides that the provisions of chapter 2, part 2 about joint local governments apply to Island councils. 10 Section 13F (Dissolution of Island council)

 


 

s 21 32 s 21 Community Services Legislation (b) the administrator does not have a duty of an Island council 1 appropriate only to a body of persons. 2 `(3) If the chairperson of an Island council is required or permitted by 3 law to exercise a power, the administrator is required or permitted to 4 exercise the power instead of the chairperson. 5 `(4) This Act and other Acts apply to the administrator, with all necessary 6 changes, as if the administrator were the Island council. 7 of administrator 8 `Title `13J. For the purpose of exercising its jurisdiction of local government, 9 the title of an administrator is `Administrator of the (name of the Island 10 council)'. 11 to help administrator 12 `Committee `13K.(1) When an administrator is appointed, the Minister may appoint a 13 committee of persons to help the administrator in exercising the jurisdiction 14 of local government of the Island council concerned. 15 `(2) A person may be appointed as a member of a committee for a 16 limited time or indefinitely. 17 `(3) The administrator is chairperson of the committee and must preside 18 at every meeting of the committee at which the administrator is present. 19 `(4) If, because of absence or incapacity, the administrator can not 20 perform the functions of chairperson of the committee, the other members 21 of the committee must appoint a member to act as chairperson at meetings 22 of the committee until the administrator is able to perform the functions. 23 of appointment as administrator or member of committee 24 `Conditions `13L.(1) An administrator or a member of a committee is entitled to the 25 fees, allowances and expenses decided by the Governor in Council. 26 `(2) The fees, allowances and expenses are payable by the Island council 27 concerned. 28 `(3) A public service officer who is appointed as an administrator or as a 29

 


 

s 21 33 s 21 Community Services Legislation member of a committee may hold the appointment as well as the public 1 service office. 2 of amounts from Island councils 3 `Recovery `13M.(1) The Governor in Council may direct an Island council for 4 which an administrator is appointed to pay to the Minister an amount stated 5 in the direction as the costs and expenses of the administrator. 6 `(2) The stated amount may include salary and allowances payable to a 7 public service officer who is appointed as administrator or a member of a 8 committee. 9 `(3) The direction may state a time for payment. 10 `(4) The stated amount is a debt payable to the State. 11 of committee 12 `Role `13N.(1) An administrator appointed for an Island council must ensure 13 that every decision of the committee about the exercise of the jurisdiction of 14 local government for the council's area is implemented as soon as is 15 practicable after the committee's decision is taken. 16 `(2) However, if the administrator considers that implementing a decision 17 of the committee would not be in the best interests of the area, the 18 administrator must refer the issue to the Minister for decision. 19 `(3) The referral must be made within 14 days after the administrator 20 becomes aware of the committee's decision. 21 by Minister on referral by administrator 22 `Decision `13O.(1) If an issue is referred to the Minister by an administrator under 23 section 13N(2), the Minister may cause the chief executive of the 24 department to make the inquiries, investigations and inspections that the 25 Minister considers appropriate. 26 `(2) The Minister's decision on the issue is taken to be the decision of the 27 committee and is final and binding on the administrator and the committee. 28

 


 

s 21 34 s 21 Community Services Legislation `(3) The administrator must ensure the Minister's decision is 1 implemented as quickly as practicable. 2 of committee 3 `Procedures `13P.(1) A relevant provision applies to a committee appointed to help an 4 administrator as if-- 5 (a) the committee were an Island council; and 6 (b) the administrator, or person acting as chairperson of the 7 committee, were the chairperson of the council. 8 `(2) In this section-- 9 "relevant provision" means a provision of this Act, or a provision of a 10 regulation made under this Act, that deals with any of the following 11 matters for an Island council-- 12 (a) the times of its meetings; 13 (b) the quorum at its meetings; 14 (c) notice of its meetings; 15 (d) adjournment of its meetings; 16 (e) entitlements of members to vote at its meetings; 17 (f) disability of a member to vote because of a pecuniary interest in a 18 matter; 19 (g) registers of pecuniary interests disclosures; 20 (h) minutes of its proceedings; 21 (i) revocation or amendment of its resolutions; 22 (j) a matter prescribed under a regulation. 23 of administrator's appointment 24 `Termination `13Q.(1) The appointment of an administrator-- 25 (a) may be terminated by the Governor in Council for any reason; or 26 (b) ceases on the conclusion of a fresh election of the councillors of 27 the Island council concerned. 28

 


 

s 21 35 s 21 Community Services Legislation `(2) It is the intention of the Parliament that a fresh election of the 1 councillors of the Island council should be held as soon as possible after the 2 appointment of an administrator for the council. 3 of appointment of committee member etc. 4 `Termination `13R.(1) The appointment of all members or any member of a 5 committee to help an administrator may be terminated by the Minister, for 6 any reason, by written notice signed by the Minister and given to the 7 members or member. 8 `(2) A committee appointed to help an administrator ceases to exist on 9 the conclusion of a fresh election of councillors of the Island council 10 concerned. 11 3--Financial controller 12 `Division of financial controller 13 `Functions `13S.(1) A financial controller appointed for an Island council is 14 responsible for ensuring the council adheres to its budget. 15 `(2) Also, the financial controller-- 16 (a) may give advice about financial management to the Island 17 council; and 18 (b) may undertake other administrative duties requested by the Island 19 council; and 20 (c) must undertake other administrative duties directed by the 21 Minister. 22 of financial controller to revoke and suspend resolutions and 23 `Power orders 24 `13T.(1) A financial controller for an Island council may, by written 25 notice to the council's clerk-- 26 (a) revoke, or suspend the operation of, a resolution of the council or 27 an order issued by a council to give effect to a resolution; and 28

 


 

s 21 36 s 21 Community Services Legislation (b) end the suspension of the resolution or order. 1 `(2) However, the financial controller may revoke or suspend a resolution 2 or order under subsection (1) only if the financial controller reasonably 3 believes-- 4 (a) the resolution or order will result in unlawful expenditure by the 5 Island council; or 6 (b) the resolution or order will result in expenditure from grant 7 monies for a purpose other than the purpose for which the grant 8 was given; or 9 (c) the resolution or order will cause the council to become insolvent. 10 `(3) The notice must state the reasons for the revocation or suspension. 11 `(4) The suspension may be for a stated period or indefinite. 12 of revocation or suspension 13 `Effect `13U.(1) A resolution or order of an Island council that is revoked under 14 section 13T-- 15 (a) ceases to have effect on the day stated in the notice to the council's 16 clerk; or 17 (b) if no day is stated--is taken never to have had effect. 18 `(2) A resolution or order of an Island council whose operation is 19 suspended under section 13T does not have effect while it is suspended. 20 `(3) Neither the State nor the financial controller is legally liable for any 21 loss or expense incurred by a person because of the revocation or 22 suspension of an Island council's resolution or order under section 13T. 23 controller's employment conditions 24 `Financial `13V. A financial controller for an Island council is to be employed under 25 the Public Service Act 1996. 26 of amounts from Island councils 27 `Recovery `13W.(1) The Governor in Council may direct an Island council for 28

 


 

s 22 37 s 22 Community Services Legislation which a financial controller is appointed to pay to the Minister an amount 1 stated in the direction as the costs and expenses of the financial controller. 2 `(2) The stated amount may include salary and allowances payable to the 3 financial controller as a public service officer. 4 `(3) The direction may state a time for payment. 5 `(4) The stated amount is a debt payable to the State. 6 of financial controller's appointment 7 `Termination `13X. The appointment of a financial controller may be terminated by the 8 Governor in Council for any reason.'. 9 of s 14 (Requirement of Island Councils) 10 Replacement Clause 22. Section 14-- 11 omit, insert-- 12 of council areas 13 `Declaration `14.(1) A regulation may declare a part of the State to be a council area. 14 `(2) However, a regulation may not-- 15 (a) declare more than 1 council area for a part of the State; or 16 (b) declare a council area for a part of the State that is, or is included 17 in-- 18 (i) a council area under the Community Services (Aborigines) 19 Act 1984; or 20 (ii) a local government area under the Local Government Act 21 1993; or 22 (iii) the area of the City of Brisbane under the City of Brisbane 23 Act 1924. 24 council required for each council area 25 `Island `14A. There must be an Island council for each council area. 26

 


 

s 23 38 s 23 Community Services Legislation of council area 1 `Implementation `14B.(1) A regulation may provide for the implementation of a council 2 area. 3 `(2) Without limiting subsection (1), the regulation may provide for-- 4 (a) holding an election for an Island council for the council area, 5 including, for example, the date of the election and payment of the 6 cost of the returning officer and election; and 7 (b) the appointment of an interim council clerk for the Island council; 8 and 9 (c) notice of the day the council area starts; and 10 (d) payment of the expenses incurred by the appointment, or 11 administrative activities, of the interim council clerk; and 12 (e) the adoption of a budget for the Island council for the period from 13 changeover day until the following 30 June; and 14 (f) any other matter for which it is necessary or convenient to provide 15 for the implementation of the council area. 16 `(3) If the election for the Island council concludes less than 18 months 17 before the next triennial elections for Island councils are held the next 18 triennial election is not required to be held for the area.'. 19 of s 23 (Functions of Island Councils) 20 Amendment Clause 23.(1) Section 23(1), (2) and (2A), `the area for which it is established'-- 21 omit, insert-- 22 `its council area'. 23 (2) Section 23(3)(c), `the area or community for which the council is 24 established'-- 25 omit, insert-- 26 `its council area'. 27 (3) Section 23(3A), `an area'-- 28 omit, insert-- 29

 


 

s 24 39 s 24 Community Services Legislation `a council area'. 1 (4) Section 23-- 2 insert-- 3 `(3B) For the purpose of exercising its powers and discharging its 4 functions, an Island council has the powers to carry on any business 5 enterprise that the council believes can be profitably or effectually carried 6 on.'. 7 of new pt 3, div 1A hdg, ss 25B and 25C 8 Insertion Clause 24. After section 25A-- 9 insert-- 10 1A--Financial operations of Island councils 11 `Division ssue of standards 12 `I `25B.(1) The Minister may make accounting standards ("Island 13 Council Accounting Standards") about-- 14 (a) the policies and principles to be complied with by Island councils 15 in financial management, including, for example, internal audit; 16 and 17 (b) the content of financial statements by Island councils; and 18 (c) any other matter that is required or permitted to be prescribed by 19 standard. 20 `(2) Before making a standard, the Minister must-- 21 (a) consult with the auditor-general about the standard; and 22 (b) have regard to relevant standards made by appropriate 23 professional bodies. 24 `(3) The standards may include practice statements if the Minister 25 considers a uniform standard of practice or procedure is necessary or 26 desirable. 27 `(4) A standard made under subsection (1) is subordinate legislation. 28

 


 

s 25 40 s 27 Community Services Legislation must be complied with 1 `Standards `25C. An Island council must comply with the Island Council 2 Accounting Standards.'. 3 of s 27A (Separate budgets for funds) 4 Omission Clause 25. Section 27A-- 5 omit. 6 of s 27C (Framing of budget) 7 Amendment Clause 26.(1) Section 27C(1), `the budget for the general fund'-- 8 omit, insert-- 9 `its budget'. 10 (2) Section 27C(1)(a) and (b), `as prescribed'-- 11 omit. 12 (3) Section 27C(4)-- 13 omit, insert-- 14 `(4) If, at the end of a year, there is a surplus or deficit in the general 15 fund, the surplus or deficit must be carried forward and taken into account 16 by the Island council-- 17 (a) in framing the budget for the next year; and 18 (b) in making and levying rates and charges for the next year.'. 19 of new s 27CA 20 Insertion Clause 27. After section 27C-- 21 insert-- 22 of budget 23 `Amendment `27CA. An Island council may amend its budget for a financial year at 24 any time before the year ends.'. 25

 


 

s 28 41 s 31 Community Services Legislation of s 27E (Budget provisions apply to other funds) 1 Omission Clause 28. Section 27E-- 2 omit. 3 of s 27F (Provisions in respect of loan repayments) 4 Amendment Clause 29. Section 27F, `the budget in respect of any established fund'-- 5 omit, insert-- 6 `its budget'. 7 of s 27G (Illegal expenditure) 8 Amendment Clause 30.(1) Section 27G, `from any fund which disbursement'-- 9 omit, insert-- 10 `that'. 11 (2) Section 27G, `relating to such fund'-- 12 omit. 13 (3) Section 27G, `trust area concerned'-- 14 omit, insert-- 15 `council area'. 16 (4) Section 27G, `or other such fund'-- 17 omit. 18 of s 45 (Membership of council) 19 Amendment Clause 31.(1) Section 45(1)(b), `Tamwoy community'-- 20 omit, insert-- 21 `TRAWQ communities'. 22 (2) Section 45(4)(b), `Tamwoy community'-- 23 omit, insert-- 24 `TRAWQ communities'. 25

 


 

s 32 42 s 32 Community Services Legislation (3) Section 45-- 1 insert-- 2 `(6) In this section-- 3 "TRAWQ communities" means the communities living in the suburbs of 4 Tamwoy, Rose Hill, Aplin, Waiben and Quarantine on Thursday 5 Island.'. 6 of s 66 (Power of Island council to regulate presence in 7 Amendment area) 8 Clause 32.(1) Section 66, `the area for which it is established'-- 9 omit, insert-- 10 `its council area'. 11 (2) Section 66(2), `Torres Strait Islander land'-- 12 omit, insert-- 13 `land for which it is not trustee'. 14 (3) Section 66(2)(a)-- 15 omit, insert-- 16 `(a) the council has-- 17 (i) made a reasonable effort to locate any persons (the 18 "interested persons") who have the right to exclude 19 persons from the land; and 20 (ii) explained the nature, purpose and effect of the proposed 21 by-law to the interested persons; and'. 22 (4) Section 66(2)(b) and (c), `Islanders'-- 23 omit, insert-- 24 `interested persons'. 25 (5) Section 66(2)(b), `, and are generally in agreement with,'-- 26 omit. 27 (6) Section 66(2)-- 28

 


 

s 33 43 s 33 Community Services Legislation insert-- 1 `(ba)the interested persons the council has located have consented to 2 the making of the proposed by-law; and'. 3 (7) Section 66-- 4 insert-- 5 `(4) If land for which the council is not trustee becomes part of the 6 council's council area after a by-law is made under this section regulating 7 the presence of persons in the area, the by-law does not apply to the land 8 until the council has followed the procedure in subsection (2) in relation to 9 the land.'. 10 of s 76B (Islanders' right to certain forest products and 11 Amendment quarry material--non-Torres Strait Islander land) 12 Clause 33.(1) Section 76B(1), `on non-Torres Strait Islander land in a trust 13 area'-- 14 omit, insert-- 15 `in an Island council's council area'. 16 (2) Section 76B(1), `the land for use within the area in which the land is 17 situated'-- 18 omit, insert-- 19 `trust land held by the council, for use within the council's area'. 20 (3) Section 76B(3), `established for an area'-- 21 omit. 22 (4) Section 76B(3), `non-Torres Strait Islander land situated in the area 23 for use in the area'-- 24 omit, insert-- 25 `trust land held by the council, for use within the council's area'. 26 (5) Section 76B-- 27 insert-- 28 `(5) In this section-- 29

 


 

s 34 44 s 34 Community Services Legislation "trust land" means land that is trust land for the benefit of Aboriginal or 1 Torres Strait Islander inhabitants or for Aboriginal or Torres Strait 2 Islander purposes under the Land Act 1994.'. 3 of new pt 10 4 Insertion Clause 34. After section 83-- 5 insert-- 6 `PART 10--TRANSITIONAL PROVISION 7 provision for council areas 8 `Transitional `84.(1) On the commencement, each Island council's existing area 9 continues as its council area, under the same name, as if-- 10 (a) the existing area had been declared to be a council area under a 11 regulation under section 14; and 12 (b) the council had been established for the area. 13 `(2) To remove any doubt, it is declared that the continuance of an 14 existing area as a council area under this section does not affect anything 15 done in relation to the existing area before the commencement. 16 `(3) For example, on the commencement-- 17 (a) Island police and authorised officers appointed for an existing area 18 immediately before the commencement continue to be appointed 19 for the area; and 20 (b) an Island Court constituted for an existing area immediately 21 before the commencement continues to be constituted for the area. 22 `(4) A regulation under section 14 may declare a part of the State (the 23 "declared area") to be a council area even though all or part of the declared 24 area is a council area because of subsection (1). 25 `(5) In this section-- 26 "commencement" means the commencement of the Community Services 27 Legislation Amendment Act 1999, section 34. 28

 


 

s 35 45 s 35 Community Services Legislation "existing area", for an Island council, means the area that, immediately 1 before the commencement, was the trust area for which the council 2 was established.'. 3 ART 4--MINOR AMENDMENTS 4 P amendments 5 Minor Clause 35. The schedule amends the Acts mentioned in it. 6

 


 

46 Community Services Legislation SCHEDULE 1 MINOR AMENDMENTS 2 section 35 3 OMMUNITY SERVICES (ABORIGINES) ACT 1984 4 C 1. Section 6, definition "Aboriginal land", `section 2.04'-- 5 omit, insert-- 6 `section 10'. 7 2. Section 11(1), `trust areas'-- 8 omit, insert-- 9 `council areas'. 10 3. Section 11(2) and (3), `a trust area'-- 11 omit, insert-- 12 `a council area'. 13 4. Section 11(2), `that trust area'-- 14 omit, insert-- 15 `the area'. 16 5. Section 11(2) and (3), `the trust area'-- 17 omit, insert-- 18 `the area'. 19

 


 

47 Community Services Legislation SCHEDULE (continued) 6. Section 15(3), `trust area'-- 1 omit, insert-- 2 `council area'. 3 7. Section 17(3), `each area'-- 4 omit, insert-- 5 `each council area'. 6 8. Section 17(3) to (5)-- 7 renumber as section 17(1) to (3). 8 9. Section 18, heading, `Voters' roll'-- 9 omit, insert-- 10 `Voters roll'. 11 10. Section 18, `voters' roll'-- 12 omit, insert-- 13 `voters roll'. 14 11. Section 18, `voters' rolls'-- 15 omit, insert-- 16 `voters rolls'. 17 12. Section 19, heading, `Aboriginal area'-- 18 omit, insert-- 19 `council area'. 20

 


 

48 Community Services Legislation SCHEDULE (continued) 13. Section 19(1), `voters' roll'-- 1 omit, insert-- 2 `voters roll'. 3 14. Section 19(1)(a), `an area'-- 4 omit, insert-- 5 `a council area'. 6 15. Sections 20 to 22-- 7 omit. 8 16. Section 25(1), (2), (2A), `the area for which it is established'-- 9 omit, insert-- 10 `its council area'. 11 17. Section 25(3)(c), `the area or community for which the council is 12 established'-- 13 omit, insert-- 14 `its council area'. 15 18. Section 25(3AA), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

49 Community Services Legislation SCHEDULE (continued) 19. Section 25(6)(a), `$500'-- 1 omit, insert-- 2 `an amount equal to 7 penalty units'. 3 20. Section 25(6)(b), `$50'-- 4 omit, insert-- 5 `an amount equal to 1 penalty unit'. 6 21. Section 26(3), `area'-- 7 omit, insert-- 8 `council area'. 9 22. Section 26(4A)(a), `subsection (3)'-- 10 omit, insert-- 11 `subsections (3) and (3A)'. 12 23. Section 27, `the area for which it is established'-- 13 omit, insert-- 14 `its council area'. 15 24. Section 29B(2), `the trust area concerned'-- 16 omit, insert-- 17 `its council area'. 18

 


 

50 Community Services Legislation SCHEDULE (continued) 25. Section 32(2), `area'-- 1 omit, insert-- 2 `council area'. 3 26. Section 32E(1)(b), `trust area'-- 4 omit, insert-- 5 `council's area'. 6 27. Section 34(3), `section 442'-- 7 omit, insert-- 8 `section 526'. 9 28. Section 36(1), `any area'-- 10 omit, insert-- 11 `a council area'. 12 29. Section 36(2) to (4), `an area'-- 13 omit, insert-- 14 `a council area'. 15 30. Section 37, heading, `trust areas'-- 16 omit, insert-- 17 `council areas'. 18

 


 

51 Community Services Legislation SCHEDULE (continued) 31. Section 37, `an area'-- 1 omit, insert-- 2 `a council area'. 3 32. Section 38, `trust areas'-- 4 omit, insert-- 5 `council areas'. 6 33. Section 38(1)(a), `an area'-- 7 omit, insert-- 8 `a council area'. 9 34. Section 38(1)(b), `such an area'-- 10 omit, insert-- 11 `a council area'. 12 35. Section 39(1), `an area'-- 13 omit, insert-- 14 `a council area'. 15 36. Section 40(1), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

52 Community Services Legislation SCHEDULE (continued) 37. Section 40(2), `the area'-- 1 omit, insert-- 2 `a council area'. 3 38. Section 41, `the area for which the council is established'-- 4 omit, insert-- 5 `its council area'. 6 39. Section 42(1), `area'-- 7 omit, insert-- 8 `council area'. 9 40. Section 43(1)(b), `the area'-- 10 omit, insert-- 11 `the council area'. 12 41. Section 44, `the area'-- 13 omit, insert-- 14 `the council area'. 15 42. Section 45A(1), `the trust area'-- 16 omit, insert-- 17 `its council area'. 18

 


 

53 Community Services Legislation SCHEDULE (continued) 43. Section 45A(2) and (3), `the area'-- 1 omit, insert-- 2 `the council area'. 3 44. Section 45B(1), `the area may'-- 4 omit, insert-- 5 `the council area for which the officer is appointed may'. 6 45. Section 45B(3), penalty, `$200'-- 7 omit, insert-- 8 `4 penalty units'. 9 46. Section 48(1)(c), `trust areas'-- 10 omit, insert-- 11 `council areas'. 12 47. Section 48(1)(d), `a trust area in Queensland'-- 13 omit, insert-- 14 `a council area'. 15 48. Section 48(2), `any area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

54 Community Services Legislation SCHEDULE (continued) 49. Section 50(1), `trust areas in Queensland'-- 1 omit, insert-- 2 `council areas'. 3 50. Section 51(1A), `trust areas in Queensland'-- 4 omit, insert-- 5 `council areas'. 6 51. Section 52(b), `a trust area in Queensland'-- 7 omit, insert-- 8 `a council area'. 9 52. Section 53(1), `trust areas'-- 10 omit, insert-- 11 `council areas'. 12 53. Section 64(1), `an area'-- 13 omit, insert-- 14 `a council area'. 15 54. Section 65, `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

55 Community Services Legislation SCHEDULE (continued) 55. Section 66, `an area'-- 1 omit, insert-- 2 `a council area'. 3 56. Section 67(1), `any area'-- 4 omit, insert-- 5 `a council area'. 6 57. Section 69, `an area'-- 7 omit, insert-- 8 `a council area'. 9 58. Section 70(1), `the area for which it is established'-- 10 omit, insert-- 11 `its council area'. 12 59. Section 75(2), `subsection (1) applies'-- 13 omit, insert-- 14 `subsections (1) and (1A) apply'. 15 60. Section 77(1), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

56 Community Services Legislation SCHEDULE (continued) 61. Sections 77(1) and 77B(1), `sections 57 and 85'-- 1 omit, insert-- 2 `sections 62 and 93'. 3 62. Section 77A(1), `the area'-- 4 omit, insert-- 5 `the council area'. 6 63. Section 79, `$500'-- 7 omit, insert-- 8 `7 penalty units'. 9 64. Section 81, `an area'-- 10 omit, insert-- 11 `a council area'. 12 65. Section 81, `any area'-- 13 omit, insert-- 14 `a council area'. 15 66. Section 82(v), `the area'-- 16 omit, insert-- 17 `the council area'. 18

 


 

57 Community Services Legislation SCHEDULE (continued) 67. Section 84(2), `particular area'-- 1 omit, insert-- 2 `particular council area'. 3 OMMUNITY SERVICES (TORRES STRAIT) ACT 4 C 1984 5 1. Section 6, definition "Torres Strait Islander land", `section 2.03'-- 6 omit, insert-- 7 `section 9'. 8 2. Section 11(1), `trust areas'-- 9 omit, insert-- 10 `council areas'. 11 3. Section 11(2), `trust area'-- 12 omit, insert-- 13 `council area'. 14 4. Section 15(3), `trust area or community'-- 15 omit, insert-- 16 `council area'. 17

 


 

58 Community Services Legislation SCHEDULE (continued) 5. Section 17(3), `each area'-- 1 omit, insert-- 2 `each council area'. 3 6. Section 17(3) to (5)-- 4 renumber as section 17(1) to (3). 5 7. Section 18, heading, `Voters' roll'-- 6 omit, insert-- 7 `Voters roll'. 8 8. Section 18, `voters' roll'-- 9 omit, insert-- 10 `voters roll'. 11 9. Section 18, `voters' rolls'-- 12 omit, insert-- 13 `voters rolls'. 14 10. Section 19, heading, `Island area'-- 15 omit, insert-- 16 `council area'. 17 11. Section 19(1), `voters' roll'-- 18 omit, insert-- 19 `voters roll'. 20

 


 

59 Community Services Legislation SCHEDULE (continued) 12. Section 19(1)(a), `an area'-- 1 omit, insert-- 2 `a council area'. 3 13. Sections 20 to 22-- 4 omit. 5 14. Section 23(6)(a), `$500'-- 6 omit, insert-- 7 `an amount equal to 7 penalty units'. 8 15. Section 23(6)(b), `$50'-- 9 omit, insert-- 10 `an amount equal to 1 penalty unit'. 11 16. Section 24(3), `area'-- 12 omit, insert-- 13 `council area'. 14 17. Section 24(4A)(a), `subsection (3)'-- 15 omit, insert-- 16 `subsections (3) and (3A)'. 17 18. Section 25, `the area for which it is established'-- 18 omit, insert-- 19 `its council area'. 20

 


 

60 Community Services Legislation SCHEDULE (continued) 19. Section 27B(2), `the trust area concerned'-- 1 omit, insert-- 2 `its council area'. 3 20. Section 30(2), `area'-- 4 omit, insert-- 5 `council area'. 6 21. Section 30E(1)(b), `trust area'-- 7 omit, insert-- 8 `council area'. 9 22. Section 32(3), `section 442'-- 10 omit, insert-- 11 `section 526'. 12 23. Section 34(1), `any area'-- 13 omit, insert-- 14 `a council area'. 15 24. Section 34(2) to (4), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

61 Community Services Legislation SCHEDULE (continued) 25. Section 35, heading, `trust areas'-- 1 omit, insert-- 2 `council areas'. 3 26. Section 35, `an area'-- 4 omit, insert-- 5 `a council area'. 6 27. Section 36, `trust areas'-- 7 omit, insert-- 8 `council areas'. 9 28. Section 36(1)(a), `an area'-- 10 omit, insert-- 11 `a council area'. 12 29. Section 36(1)(b), `such an area'-- 13 omit, insert-- 14 `a council area'. 15 30. Section 37(1), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

62 Community Services Legislation SCHEDULE (continued) 31. Section 38(1), `an area'-- 1 omit, insert-- 2 `a council area'. 3 32. Section 38(2), `the area'-- 4 omit, insert-- 5 `a council area'. 6 33. Section 38(3), `the area'-- 7 omit, insert-- 8 `the council area'. 9 34. Section 39, `the area for which the council is established'-- 10 omit, insert-- 11 `its council area'. 12 35. Section 40(1), `area'-- 13 omit, insert-- 14 `council area'. 15 36. Section 41(1)(b), `the area'-- 16 omit, insert-- 17 `the council area'. 18

 


 

63 Community Services Legislation SCHEDULE (continued) 37. Section 42, `the area'-- 1 omit, insert-- 2 `the council area'. 3 38. Section 43A(1), `trust area'-- 4 omit, insert-- 5 `council area'. 6 39. Section 43A(2) and (3), `the area'-- 7 omit, insert-- 8 `the council area'. 9 40. Section 43B(1), `the area may'-- 10 omit, insert-- 11 `the council area for which the officer is appointed may'. 12 41. Section 43B(3), penalty, `$200'-- 13 omit, insert-- 14 `4 penalty units'. 15 42. Section 46(2), `any area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

64 Community Services Legislation SCHEDULE (continued) 43. Section 62(1), `an area'-- 1 omit, insert-- 2 `a council area'. 3 44. Section 63(1) and (2), `an area'-- 4 omit, insert-- 5 `a council area'. 6 45. Section 64, `an area'-- 7 omit, insert-- 8 `a council area'. 9 46. Section 65(1), `any area'-- 10 omit, insert-- 11 `a council area'. 12 47. Section 67, `an area'-- 13 omit, insert-- 14 `a council area'. 15 48. Section 68(1), `the area for which it is established'-- 16 omit, insert-- 17 `its council area'. 18

 


 

65 Community Services Legislation SCHEDULE (continued) 49. Section 73(2), `subsection (1) applies'-- 1 omit, insert-- 2 `subsections (1) and (1A) apply'. 3 50. Section 76(1), `an area'-- 4 omit, insert-- 5 `a council area'. 6 51. Sections 76(1) and 76B(1), `sections 57 and 85'-- 7 omit, insert-- 8 `sections 62 and 93'. 9 52. Section 76A(1), `the area'-- 10 omit, insert-- 11 `the council area'. 12 53. Section 78, `$500'-- 13 omit, insert-- 14 `7 penalty units'. 15 54. Section 79(1)(a), `an area'-- 16 omit, insert-- 17 `a council area'. 18

 


 

66 Community Services Legislation SCHEDULE (continued) 55. Section 80(a), `an area'-- 1 omit, insert-- 2 `a council area'. 3 56. Section 80(c), `any area'-- 4 omit, insert-- 5 `a council area'. 6 57. Section 83(2), `particular area'-- 7 omit, insert-- 8 `particular council area'. 9 10 11 State of Queensland 1999

 


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