Commonwealth: Aboriginal and Torres Strait Islander Act 2005 (Cth)

Aboriginal and Torres Strait Islander Act 2005 No. 150, 1989 Compilation No. 56 Compilation date: 15 February 2025 Includes amendments: Act No. 9, 2025 About this compilation This compilation This is a compilation of the Aboriginal and Torres Strait Islander Act 2005 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 4A Minister may make determinations about what constitutes misbehaviour 4B Indigenous‑held land 4C Water‑related rights 5 Act binds the Crown 5A Application of the Criminal Code Part 3A—Torres Strait Regional Authority Division 1—Torres Strait Regional Authority 142 Torres Strait Regional Authority Division 2—Functions of TSRA 142A Functions of TSRA 142AA Conferring functions on TSRA 142B Minister may approve performance of functions under State or Territory laws 142C Powers of TSRA 142D Torres Strait Development Plan 142E Directions by Minister Division 3—General funding powers of TSRA 142F TSRA may make grants and loans 142G TSRA may give guarantees 142GA TSRA may make grants and loans to Queensland government etc. 142H Grants and loans to be repayable if conditions breached etc. 142J Restriction on right to dispose of interest in land 142JA TSRA's interest in land 142K TSRA to formulate decision‑making principles about grants, loans and guarantees 142L Review of operation of Part etc. 142M Advisory committees 142N Advisory committee—disclosure of interests at meetings 142P Advisory committee—member's appointment to be terminated for non‑disclosure of interests 142Q Advisory committee—resignation Division 4—Constitution of TSRA 142R Constitution of TSRA 142S Minister may determine manner of representation on TSRA Division 5—TSRA elections 142T TSRA elections 142TA TSRA wards 142U People entitled to vote at TSRA elections 142V People qualified to be elected to the TSRA 142W Term of office of members of TSRA 142X Errors in Commonwealth Electoral Roll not to affect entitlements 142Y Timing of TSRA elections 142Z Polling places 143 Fixing of election days, and location of polling places, to be notified in Gazette 143A Effect of nominations 143B Voting not compulsory 143C Voting by secret ballot 143D Voting 143E Counting of votes and election of candidates 143F General obligation to inform people about elections 143G Rules for conduct of elections 143H Authorised electoral officer 143I Disputed elections Division 6—Administrative provisions 143J Part‑time basis of holding office 143K Remuneration and allowances 143L Chairperson and Deputy Chairperson 143M Acting appointments 143P Disclosure of interests 143Q Resignation 143R Members taken to have resigned from TSRA in certain circumstances 143S Suspension and removal from office of members of the TSRA 143T Recall of member of the TSRA 143U Members of TSRA, and TSRA Administrators, not personally liable 143V Other terms and conditions 143W Provisions relating to Chairperson 143X Resignation of Chairperson 143Y Suspension and removal from office of Chairperson 143Z Leave of absence for Chairpersons 144 Provisions relating to Deputy Chairpersons 144A Resignation of Deputy Chairpersons 144B Suspension and removal from office of Deputy Chairperson 144C Deputy Chairperson to act as Chairperson 144D Alternate Deputy Chairperson 144E Meetings of TSRA 144F Delegation to TSRA Chief Executive Officer or staff member of TSRA Division 7—TSRA Chief Executive Officer 144G TSRA Chief Executive Officer 144H Period of appointment 144J Remuneration and allowances 144K Leave of absence 144L Acting TSRA Chief Executive Officer 144M Disclosure of interests 144N Resignation 144P Termination of appointment 144Q Other terms and conditions Division 8—Staff 144R Staff 144T Consultants Division 9—Finances 144TA Money payable to TSRA 144U Application of money of the TSRA 144V TSRA Housing Fund 144W TSRA Land and Natural Resources Fund 144X Borrowing on overdraft to meet temporary deficit 144Y Limits on TSRA's powers to raise money 144Z Exemption from taxation 144ZA Estimates 144ZB Annual report 144ZD TSRA Finance Directions Division 11—TSRA Administrators 144ZF Powers of TSRA Administrator 144ZG Remuneration and allowances 144ZH TSRA Administrator holds office on a full‑time basis 144ZJ Resignation of TSRA Administrator 144ZK Leave of absence 144ZL Other terms and conditions 144ZM Disclosure of interests 144ZN Termination of appointment 144ZP Acting TSRA Administrator 144ZQ Minister may appoint replacement TSRA Administrator if there is a vacancy in an office of TSRA Administrator Part 4—Indigenous Business Australia Division 1—Indigenous Business Australia 145 Indigenous Business Australia 146 Purposes of Indigenous Business Australia Division 2—Functions of Indigenous Business Australia 147 Functions of Indigenous Business Australia 148 Performance of functions 150 Consideration of corporate plan by Minister 151 Directions by Minister 152 Powers of Indigenous Business Australia 153 Guarantees 154 Minister may ask for information Division 3—Board of Directors of Indigenous Business Australia 155 Board of Directors of Indigenous Business Australia 156 Responsibilities of Indigenous Business Australia Board 157 Appointment of Indigenous Business Australia Directors 158 Selection of Indigenous Business Australia Directors Division 4—Administrative provisions 159 Period of appointment 160 Remuneration and allowances 161 Leave of absence 162 Acting appointments 164 Resignation 165 Termination of appointment 166 Other terms and conditions Division 5—Operations of Indigenous Business Australia and Indigenous Business Australia Board 167 Meetings of Indigenous Business Australia Board Division 6—Indigenous Business Australia Chief Executive Officer 168 Indigenous Business Australia Chief Executive Officer 169 Term of appointment 170 Holding of office 171 Remuneration and allowances 172 Acting Indigenous Business Australia Chief Executive Officer 172A Disclosure of interests 173 Resignation 174 Other terms and conditions Division 7—Staff 175 Staff 177 Arrangements relating to staff 178 Consultants Division 8—Finances 179 Capital of Indigenous Business Australia 181 Application of money held by Indigenous Business Australia 181A New Housing Fund 181B Review of decisions to refuse loans from New Housing Fund 182 Restriction on spending by Indigenous Business Australia 183 Borrowing 184 Limit on Indigenous Business Australia's powers 185 Giving of security over assets 187 Powers of companies in which Indigenous Business Australia has an interest 188 Exemption from taxation 189 Annual report and financial statements 189A Indigenous Business Australia rules Division 9—Miscellaneous 190 Delegation to Indigenous Business Australia Chief Executive Officer or member of staff 191 Secrecy 191AA Guidelines for exercise of Indigenous Business Australia Chief Executive Officer's powers Part 4A—Indigenous Land and Sea Corporation Division 1—Indigenous Land and Sea Corporation 191A Indigenous Land and Sea Corporation 191B Purposes of Indigenous Land and Sea Corporation Division 2—Functions and powers of Indigenous Land and Sea Corporation 191C Functions of Indigenous Land and Sea Corporation 191D Acquisition functions of Indigenous Land and Sea Corporation 191E Management functions of Indigenous Land and Sea Corporation 191EA Indigenous Land and Sea Corporation may make money available to Indigenous Business Australia 191F Performance of functions of Indigenous Land and Sea Corporation—general 191G Subsidiaries of Indigenous Land and Sea Corporation may perform functions corresponding to the Indigenous Land and Sea Corporation's functions 191H Powers of Indigenous Land and Sea Corporation 191I Guidelines about certain acquisition functions and management functions 191J Disposal of surplus land or water‑related rights 191L Powers of Minister Division 3—National and regional strategies 191N National indigenous land and sea strategy 191P Regional indigenous land and sea strategies 191Q Indigenous Land and Sea Corporation to have regard to strategies 191R Indigenous Land and Sea Corporation to make strategies available Division 4—Dealings in land and in water‑related rights granted by Indigenous Land and Sea Corporation 191S Restrictions on disposals and charges 191SA Indigenous Land and Sea Corporation's interest in land or in water‑related rights 191SB Interest in land, or in water‑related rights, of subsidiary of Indigenous Land and Sea Corporation 191T Surrender of land or of water‑related right to Indigenous Land and Sea Corporation 191U Land granted by Indigenous Land and Sea Corporation must not be claimed under the Aboriginal Land Rights (Northern Territory) Act 1976 Division 5—Board of Directors of Indigenous Land and Sea Corporation 191V Board of Directors of Indigenous Land and Sea Corporation 191W Responsibilities of Indigenous Land and Sea Corporation Board 191X Appointment of Indigenous Land and Sea Corporation Directors 191Y Automatic re‑appointment of incumbent pending appointment of successor Division 6—Administrative provisions 191Z Period of appointment 192 Basis on which Indigenous Land and Sea Corporation Directors hold office 192A Remuneration and allowances 192B Outside employment—full‑time Indigenous Land and Sea Corporation Chairperson 192C Leave of absence—part‑time Indigenous Land and Sea Corporation Directors 192D Leave of absence—full‑time Indigenous Land and Sea Corporation Chairperson 192E Acting appointments 192F Disclosure of interests 192G Resignation 192H Termination of appointment 192I Other terms and conditions Division 7—Operations of Indigenous Land and Sea Corporation Board 192J Meetings of Indigenous Land and Sea Corporation Board Division 8—Indigenous Land and Sea Corporation Chief Executive Officer 192K Indigenous Land and Sea Corporation Chief Executive Officer 192L Term of appointment 192M Holding of office 192N Remuneration and allowances of Indigenous Land and Sea Corporation Chief Executive Officer 192P Acting Indigenous Land and Sea Corporation Chief Executive Officer 192Q Resignation 192R Other terms and conditions Division 9—Staff 192S Staff 192T Arrangements for Indigenous Business Australia staff to perform duties on behalf of Indigenous Land and Sea Corporation 192U Arrangements relating to staff 192V Consultants Division 11—Finances 193J Application of money held by Indigenous Land and Sea Corporation 193K Application of the Public Governance, Performance and Accountability Act 2013 193L Borrowing 193M Giving of security over assets 193N Limit on guarantees 193P Exemption from taxation 193Q Foreign subsidiaries Division 12—Exemption from stamp duty etc. 193R Exemption from stamp duty etc. Division 13—Secrecy 193S Secrecy Division 14—Delegation 193T Delegation to Indigenous Land and Sea Corporation Chief Executive Officer or member of staff Division 15—Reviews 193U Reviews Part 5—Miscellaneous 194 Remuneration and allowances 195A Review by TSRA of delegates' decisions 196A Review by Administrative Review Tribunal 197 Offences—guarantees, grants and loans 198 Offences—elections 199 Conduct of directors, employees and agents 200 Aboriginal Hostels Limited 200A Secrecy 200B Delegation by Finance Minister 200C Delegations 201 Regulations Part 6—Transitional provisions Division 1—Preliminary 202 Interpretation Division 3—Transitional provisions relating to Aboriginal Development Commission and Department of Aboriginal Affairs 206 Transfer of assets and liabilities of old Department 211 Old Commission instruments 215 Certificates relating to assets, liabilities and instruments 216 Exemption from taxation Division 4—General transitional provisions 219 Transfer of staff to Australian Public Service 220 Operation of Superannuation Benefit (Interim Arrangement) Act 222 State or Territory officer may act on certificate Schedule 2—Method of counting votes and determining successful candidates at elections for 2 or more members for a TSRA ward Schedule 2A—Method of determining the successful candidate at an election for a single member for a TSRA ward 1 Absolute majority required for election 2 Candidate with absolute majority of first preference votes elected 3 Distribution of preferences Schedule 4—Disputes about electoral matters Part 1—Interpretation 1 Interpretation Part 2—Disputed elections 2 Method of disputing elections 3 Requisites of election petitions 3A Deadline for filing a petition 4 Deposit as security for costs 5 Petition by Electoral Commission 6 No proceedings unless requisites complied with 7 Right of Electoral Commission to be represented 8 Right of Minister to be represented 9 Election petitions to be tried in open court 10 Powers of Court 11 Inquiries by Court 12 Voiding election for illegal practices 13 Court to report cases of illegal practices 14 Immaterial errors not to vitiate election 15 Evidence that person not permitted to vote 16 Deposit applicable for costs Part 3—Qualifications and vacancies 17 Reference of question as to qualification or vacancy 18 Minister to state case 19 Parties to the reference 20 References to be heard in open court 21 Powers of Court 22 Order etc. to be sent to Minister and TSRA Part 4—General 23 Real justice to be observed 24 Decisions to be final 25 Counsel or solicitor 26 Costs 27 Effect of declarations etc. 28 Power to make Rules of Court Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish a Torres Strait Regional Authority, an Indigenous Land and Sea Corporation and a corporation to be known as Indigenous Business Australia, and for related purposes WHEREAS the people of Australia voted overwhelmingly to amend the Constitution so that the Parliament of Australia would be able to make special laws for peoples of the aboriginal race; AND WHEREAS the people whose descendants are now known as Aboriginal persons and Torres Strait Islanders were the inhabitants of Australia before European settlement; AND WHEREAS they have been progressively dispossessed of their lands and this dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal persons and Torres Strait Islanders concerning the use of their lands; AND WHEREAS it is the intention of the people of Australia to make provision for rectification, by such measures as are agreed by the Parliament from time to time, including the measures referred to in this Act, of the consequences of past injustices and to ensure that Aboriginal persons and Torres Strait Islanders receive that full recognition within the Australian nation to which history, their prior rights and interests, and their rich and diverse culture, fully entitle them to aspire; AND WHEREAS it is also the wish of the people of Australia that there be reached with Aboriginal persons and Torres Strait Islanders a real and lasting reconciliation of these matters; AND WHEREAS it is the firm objective of the people of Australia that policies be maintained and developed by the Australian Government that will overcome disadvantages of Aboriginal persons and Torres Strait Islanders to facilitate the enjoyment of their culture; AND WHEREAS it is appropriate to further the aforementioned objective in a manner that is consistent with the aims of self‑management and self‑sufficiency for Aboriginal persons and Torres Strait Islanders; AND WHEREAS it is also appropriate to establish structures to represent Aboriginal persons and Torres Strait Islanders to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of programs and to provide them with an effective voice within the Australian Government; AND WHEREAS the Parliament seeks to enable Aboriginal persons and Torres Strait Islanders to increase their economic status, promote their social well‑being and improve the provision of community services; AND WHEREAS the Australian Government has acted to protect the rights of all of its citizens, and in particular its indigenous peoples, by recognising international standards for the protection of universal human rights and fundamental freedoms through: (a) the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination and other standard‑setting instruments such as the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and (b) the acceptance of the Universal Declaration of Human Rights: Part 1—Preliminary 1 Short title This Act may be cited as the Aboriginal and Torres Strait Islander Act 2005. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that first period. 3 Objects The objects of this Act are, in recognition of the past dispossession and dispersal of the Aboriginal and Torres Strait Islander peoples and their present disadvantaged position in Australian society: (a) to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them; (b) to promote the development of self‑management and self‑sufficiency among Aboriginal persons and Torres Strait Islanders; (c) to further the economic, social and cultural development of Aboriginal persons and Torres Strait Islanders; and (d) to ensure co‑ordination in the formulation and implementation of policies affecting Aboriginal persons and Torres Strait Islanders by the Commonwealth, State, Territory and local governments, without detracting from the responsibilities of State, Territory and local governments to provide services to their Aboriginal and Torres Strait Islander residents. 4 Interpretation (1) In this Act, unless the contrary intention appears: Aboriginal or Torres Strait Islander corporation means: (a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or (b) a body corporate where either of the following conditions is satisfied: (i) all the members of the body corporate are Aboriginal persons or Torres Strait Islanders, or both; (ii) a controlling interest in the body corporate is held by Aboriginal persons or Torres Strait Islanders, or both. Aboriginal person means a person of the Aboriginal race of Australia. acquisition functions has the meaning given by subsection 191D(1). Ailan Kastom means the body of customs, traditions, observances and beliefs of some or all of the Torres Strait Islanders living in the Torres Strait area, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships. ATSIC abolition day means the day Schedules 1 and 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commence. Commonwealth body includes a Department of State, or authority, of the Commonwealth. Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918. designated number: (b) in relation to a TSRA ward—has the meaning given by section 142TA. election period, in relation to a TSRA election, means the period: (a) starting on the day when the Minister fixes a day or days for the polling in accordance with subsection 142Y(2); and (b) ending on the last day on which a poll is declared in relation to that TSRA election. eligible number, in relation to the TSRA, means: (a) 20; or (b) if a notice under subsection 142R(1A) is in force—the number fixed by the notice. estimated population, in relation to the Torres Strait area, means the number of persons living in that area set out in the most recent TSRA notice that includes such a number. Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. holder, in relation to indigenous‑held land, means a person or body who holds an interest in the land, where the interest is relevant to determining the status of the land as indigenous‑held land. housing loan means a loan for one or more of the following purposes: (a) the erection or purchase of dwellings or the purchase of land on which dwellings are to be erected or situated; (b) the extension or modification of, or the making of additions to, dwellings; (c) any purpose incidental to a purpose referred to in paragraph (a) or (b); (d) the purchase of household effects; (e) the repayment of existing debts incurred for any of the purposes referred to in paragraphs (a), (b), (c) and (d). Indigenous Business Australia means the body having that name that is referred to in section 145. Indigenous Business Australia Board means the Board of Directors of Indigenous Business Australia referred to in section 155. Indigenous Business Australia Chairperson means the Chairperson of the Indigenous Business Australia Board referred to in section 155. Indigenous Business Australia Chief Executive Officer means the Chief Executive Officer of Indigenous Business Australia referred to in section 168. Indigenous Business Australia Director means a member of the Indigenous Business Australia Board. indigenous‑held land has the meaning given by section 4B. Indigenous Land and Sea Corporation means the corporation referred to in section 191A. Indigenous Land and Sea Corporation Board means the Board of Directors referred to in section 191V. Indigenous Land and Sea Corporation Chairperson means the Chairperson referred to in section 191V. Indigenous Land and Sea Corporation Chief Executive Officer means the Chief Executive Officer referred to in section 192K. Indigenous Land and Sea Corporation Director means a member of the Indigenous Land and Sea Corporation Board. indigenous waters means water, or waters, in relation to which water‑related rights are held by: (a) an Aboriginal or Torres Strait Islander corporation; or (b) an Aboriginal person or a Torres Strait Islander; (whether or not water‑related rights in relation to the water or waters are held by any other person). interest, in relation to land, includes: (a) a legal or equitable estate or interest in the land; or (b) a right, power or privilege over, or in connection with, the land. internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973. management functions has the meaning given by subsection 191E(1). misbehaviour has a meaning affected by section 4A. national indigenous land and sea strategy means the strategy prepared under section 191N. New Housing Fund means the New Housing Fund established under section 181A. Regional Councils abolition day means the day on which Schedule 3 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commences. regional indigenous land and sea strategy means a strategy prepared under section 191P. State body includes a Department of State, or authority, of a State. Territory body includes a Department of State, or authority, of a Territory. Torres Strait area means the area declared by the Minister, by instrument in writing made for the purposes of this definition, to be the Torres Strait area. Torres Strait area number, in relation to the Torres Strait area, means the number of potential voters set out in the most recent TSRA notice that includes such a number. Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands. TSRA means the Torres Strait Regional Authority established by section 142. TSRA Administrator means a TSRA Administrator appointed under: (a) section 142R; or (b) section 144ZQ; to administer the affairs of the TSRA. TSRA Chief Executive Officer means the Chief Executive Officer of the TSRA referred to in section 144G. TSRA election means an election for a member or members of the TSRA conducted under Division 5 of Part 3A. TSRA election rules means rules made by the Minister under section 143G. TSRA Finance Direction means a direction given to the TSRA by the Minister under section 144ZD. TSRA Housing Fund means the TSRA Housing Fund established by section 144V. TSRA Land and Natural Resources Fund means the TSRA Land and Natural Resources Fund established by section 144W. TSRA notice, in relation to a TSRA election, means a notice under subsection 143(2). TSRA ward means a ward referred to in section 142TA. TSRA ward election means an election for one or more members for a TSRA ward. ward: (b) in relation to the TSRA—means a ward referred to in section 142TA. water‑related right has the meaning given by section 4C. (2) The question whether a company is a subsidiary of the Indigenous Land and Sea Corporation or of Indigenous Business Australia shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001. (3) A declaration by the Minister for the purposes of the definition of Torres Strait area is not a legislative instrument. 4A Minister may make determinations about what constitutes misbehaviour (1) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken to be misbehaviour for the purposes of this Act. (2) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken not to be misbehaviour for the purposes of this Act. 4B Indigenous‑held land Indigenous‑held land (1) For the purposes of this Act, land is indigenous‑held land if, and only if: (a) an interest in the land is held by an Aboriginal or Torres Strait Islander corporation; or (b) an interest in the land is held by an Aboriginal person or a Torres Strait Islander. Exception—minority interest in tenancy in common (2) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in a tenancy in common; and (b) the proportion of the shares in the tenancy in common held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—minority interest in partnership property (3) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in partnership property; and (b) the proportion of the shares in the partnership property held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—interest of a mortgagee (4) For the purposes of subsection (1), an interest in land is to be ignored if the interest is held in the capacity of mortgagee (whether legal or equitable). 4C Water‑related rights (1) A water‑related right means any legal or equitable right or interest in, or in relation to, water or waters (including the internal waters of Australia) within the outer limits of the exclusive economic zone of Australia. (2) A right to do any of the following is an example of a water‑related right: (a) take or receive water; (b) retain or use water taken; (c) take resources from waters; (d) undertake an activity in or on waters. (3) A reference in this section to water includes surface water and ground water. 5 Act binds the Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence. 5A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 199(10). Part 3A—Torres Strait Regional Authority Division 1—Torres Strait Regional Authority 142 Torres Strait Regional Authority (1) A Torres Strait Regional Authority is established. (2) The TSRA: (a) is a body corporate, with perpetual succession; and (b) is to have a common seal; and (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. Note: The Public Governance, Performance and Accountability Act 2013 applies to the TSRA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. (3) The common seal of the TSRA is to be kept in such custody as the TSRA directs and must not be used except as authorised by the TSRA. (4) All courts, judges and persons acting judicially must: (a) take judicial notice of the imprint of the common seal of the TSRA appearing on a document; and (b) presume that the imprint was duly affixed. Division 2—Functions of TSRA 142A Functions of TSRA Functions (1) The TSRA has the following functions: (a) to recognise and maintain the special and unique Ailan Kastom of Torres Strait Islanders living in the Torres Strait area; (b) to formulate and implement programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area; (c) to monitor the effectiveness of programs for Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area, including programs conducted by other bodies; (d) to develop policy proposals to meet national, State and regional needs and priorities of Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area; (e) to assist, advise and co‑operate with Torres Strait Islander and Aboriginal communities, organisations and individuals at national, State, Territory and regional levels; (f) to advise the Minister on: (i) matters relating to Torres Strait Islander affairs, and Aboriginal affairs, in the Torres Strait area, including the administration of legislation; (ii) the co‑ordination of the activities of other Commonwealth bodies that affect Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area; (g) when requested by the Minister, to provide information or advice to the Minister on any matter specified by the Minister; (h) to take such reasonable action as it considers necessary to protect Torres Strait Islander and Aboriginal cultural material and information relating to the Torres Strait area if the material or information is considered sacred or otherwise significant by Torres Strait Islanders or Aboriginal persons; (i) at the request of, or with the agreement of, the Australian Bureau of Statistics but not otherwise, to collect and publish statistical information relating to Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area; (j) such other functions as are conferred on the TSRA by this Act or any other Act; (k) such other functions as are expressly conferred on the TSRA by a law of a State or of an internal Territory and in respect of which there is in force written approval by the Minister under section 142B; (l) to undertake such research as is necessary to enable the TSRA to perform any of its other functions; (m) to do anything else that is incidental or conducive to the performance of any of the preceding functions. TSRA not to disregard Aboriginal tradition and custom (2) The express mention in paragraph (1)(a) of the Ailan Kastom of Torres Strait Islanders living in the Torres Strait area does not imply that the TSRA may disregard Aboriginal tradition and custom. Minister may require information about expenditure (3) The information that may be required by the Minister under paragraph (1)(g) includes, but is not limited to, information about the TSRA's expenditure. Minister must not specify content of information (4) When requesting information under paragraph (1)(g), the Minister must not specify the content of the information that is to be provided. TSRA must not disclose certain material or information (5) In performing its function under paragraph (1)(h), the TSRA must ensure that the material or information covered by that paragraph is not disclosed by the TSRA if that disclosure would be inconsistent with the views or sensitivities of relevant Torres Strait Islanders or Aboriginal persons. TSRA must ensure that privacy is not infringed (6) In performing its function under paragraph (1)(i), the TSRA must ensure that the collection and publication of statistical information covered by that paragraph does not infringe the privacy of any individual. Limitations on TSRA's function to acquire land (7) This Act does not confer on the TSRA a function of acquiring land except: (a) for its administrative purposes; or (b) for the purpose of the performance of functions expressly conferred on it by this Act. 142AA Conferring functions on TSRA (1) For the purpose of furthering the social, economic or cultural development of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area, the Prime Minister may confer a departmental function on the TSRA. (1A) An instrument conferring a function under subsection (1) is not a legislative instrument. (2) The power under subsection (1) must be exercised by notice in the Gazette. (3) In this section: departmental function means a function that has previously been performed by a Department of State of the Commonwealth. 142B Minister may approve performance of functions under State or Territory laws The Minister may, in writing, approve the performance by the TSRA of a function expressly conferred on the TSRA by a law of a State or an internal Territory. 142C Powers of TSRA (1) The TSRA has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions. (2) The powers of the TSRA include, but are not limited to, the following powers: (a) to accept gifts, grants, bequests and devises made to it; (b) to act as trustee of money and other property vested in it on trust; (c) to negotiate and co‑operate with other Commonwealth bodies and with State, Territory and local government bodies; (d) to enter into an agreement for making a grant or loan under section 142GA to the State of Queensland or an authority of that State (including a local government body); (e) to enter into an agreement (other than an agreement referred to in paragraph (d)) with a State or a Territory. (3) Despite anything in this Act, any money or other property held by the TSRA on trust must be dealt with in accordance with the powers and duties of the TSRA as trustee. (4) The powers of the TSRA may be exercised in or out of Australia. 142D Torres Strait Development Plan (1) The TSRA must formulate, and revise from time to time, a plan to be known as the Torres Strait Development Plan (the Plan). (2) The aim of the Plan is to improve the economic, social and cultural status of Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area. (3) The Plan must outline the strategies and policies that the TSRA intends to adopt in order to implement the Plan, including, but not limited to, a marine strategy for the Torres Strait area. (4) Each Plan must relate to a period of at least 3 years and not more than 5 years. (5) The TSRA must review the Plan regularly. (6) The TSRA must perform its functions under this section in consultation with the Minister. (7) Without limiting the operation of the Freedom of Information Act 1982, the TSRA Chief Executive Officer must ensure that copies of the Plan as in force from time to time are available for inspection and purchase at each office of the TSRA. (8) The TSRA Chief Executive Officer must cause notice of the publication of the Plan to be published in the Gazette. 142E Directions by Minister (1) The TSRA must perform its functions and exercise its powers in accordance with any general written directions given to it by the Minister. (2) The Minister must not give directions about the content of any advice, information or recommendation that may be given by the TSRA to a Minister, Department of State or authority of the Commonwealth. (3) The Minister must not give directions about the content of any advice, information or recommendation that may be given by the TSRA to: (a) a Minister of a State or Territory; or (b) a Department of State of a State or Territory; or (c) an authority of a State or Territory; except for the purpose of protecting the confidentiality of information given to the TSRA by the Commonwealth or an authority of the Commonwealth. (4) Subject to subsection (5), the Minister must cause a copy of a direction to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given. (5) The rule in subsection (4) does not apply if the laying of a copy of a direction before each House of the Parliament would result in the disclosure of a matter in a manner that would be inconsistent with the views or sensitivities of Torres Strait Islanders or Aboriginal persons. Division 3—General funding powers of TSRA 142F TSRA may make grants and loans (1) The TSRA may: (a) make a grant of money; or (b) grant an interest in land; or (c) grant an interest in personal property; or (d) make a loan of money (whether secured or unsecured); to: (e) an individual; or (f) a body corporate (other than a Regional Council); or (g) an unincorporated body; for the purpose of furthering the social, economic or cultural development of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area. (2) A grant or loan is subject to such terms and conditions as the TSRA determines. (3) The TSRA may acquire by agreement an interest in land, or personal property, for the purpose of making a grant under this section. 142G TSRA may give guarantees (1) If the TSRA is satisfied that the purpose of a loan made or to be made to: (a) an individual; or (b) a body corporate; or (c) an unincorporated body; is a purpose for which the TSRA could, in the performance of its functions, make a loan to that borrower, the TSRA may guarantee the due payment of all money (including interest) payable by the borrower in accordance with the terms and conditions of the loan. (2) The TSRA's power to give guarantees is subject to such limits as the Finance Minister determines as to the total amount of money (other than interest) the payment of which may at any time be the subject of guarantees. (3) A guarantee is subject to such terms and conditions as the TSRA determines. 142GA TSRA may make grants and loans to Queensland government etc. (1) The TSRA may make a grant of money to: (a) the State of Queensland; or (b) an authority of the State of Queensland (including a local government body); for the purpose of furthering the social, economic or cultural development of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area. (2) The TSRA may make a loan of money to: (a) the State of Queensland; or (b) an authority of the State of Queensland (including a local government body); for the purpose of furthering the social, economic or cultural development of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area. (3) A grant or loan is subject to such terms and conditions as the TSRA determines. 142H Grants and loans to be repayable if conditions breached etc. (1) The TSRA may give written notice to an individual or body to whom a grant has been made under this Part, stating that the TSRA is satisfied that the individual or body has failed to fulfil a term or condition of the grant. (2) An individual or body who is given notice under subsection (1) is liable to pay to the TSRA an amount equal to: (a) the amount of the grant; or (b) so much of the grant as the TSRA specifies in the notice. (3) The TSRA may give written notice to an individual or body to whom a loan has been made under this Part, stating that the TSRA is satisfied that the individual or body has failed to fulfil a term or condition of the loan. (4) An individual or body who is given notice under subsection (3) is liable to pay to the TSRA, immediately, an amount equal to the sum of: (a) so much of the amount of the loan as has not yet been repaid; and (b) any accrued interest that has not been paid; or so much of that amount as the TSRA specifies in the notice. 142J Restriction on right to dispose of interest in land (1) This section applies if: (a) an individual or body has acquired an interest in land; and (b) any of the following applies: (i) the interest was acquired using money granted to the individual or body by the TSRA under paragraph 142F(1)(a) or subsection 142GA(1); (ii) the interest was acquired from the TSRA under paragraph 142F(1)(b); (iii) the acquisition of the interest was financed by a loan that was guaranteed by the TSRA under section 142G. (2) The individual or body must not dispose of the interest without the TSRA's written consent. (3) If the individual or body purports to dispose of the interest without the TSRA's written consent, the purported disposition is of no effect. 142JA TSRA's interest in land (1) Any liability or obligation of an individual, a body corporate or an unincorporated body to the TSRA arising: (a) under the terms and conditions of a grant or loan referred to in subsection 142F(2); or (b) under section 142H or 142J; is taken to be an interest of the TSRA in the land to which it relates. (2) The land is charged with the payment of all costs and expenses incurred by the TSRA in respect of its enforcement of the liability or obligation. 142K TSRA to formulate decision‑making principles about grants, loans and guarantees (1) The TSRA must formulate principles (the decision‑making principles), not inconsistent with the objects of this Act, about: (a) the making of grants and loans under section 142F or 142GA; and (b) the giving of guarantees under section 142G. (2) Subject to section 144ZD, the TSRA must perform its functions and exercise its powers under sections 142F, 142G and 142GA in accordance with applicable provisions of the decision‑making principles in force from time to time. (3) Without limiting the operation of the Freedom of Information Act 1982, the TSRA Chief Executive Officer must ensure that copies of the decision‑making principles as in force from time to time are available for inspection and purchase at each of the TSRA's offices. (4) The TSRA Chief Executive Officer must cause notice of the making of decision‑making principles to be published in the Gazette. 142L Review of operation of Part etc. (1) The TSRA may, from time to time: (a) review such aspects of the operation of: (i) this Part; and (ii) the remaining provisions of this Act, in so far as they relate to the TSRA; as the TSRA determines in writing; and (b) report to the Minister accordingly. (2) The TSRA must not review a matter mentioned in section 141. (3) The report to the Minister may include suggestions for amendments of this Act to solve problems identified in the report. (4) The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister. 142M Advisory committees (1) The TSRA may establish one or more advisory committees to advise the TSRA in relation to the performance of the TSRA's functions. (2) An advisory committee may include members of the TSRA. (3) A member of an advisory committee is entitled to remuneration and allowances in accordance with section 194. (4) A member of an advisory committee holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the TSRA by notice in the Gazette. 142N Advisory committee—disclosure of interests at meetings (1) A member of an advisory committee established under section 142M who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the committee. (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the committee. 142P Advisory committee—member's appointment to be terminated for non‑disclosure of interests (1) This section applies to an advisory committee established under section 142M. (2) The TSRA must terminate the appointment of a member of a committee if the member fails, without reasonable excuse, to comply with section 142N. (3) Subsection (2) does not, by implication, limit the TSRA's power to terminate the appointment of a member of a committee. 142Q Advisory committee—resignation A member of an advisory committee established under section 142M may resign from the committee by writing signed by the member and sent to the TSRA. Division 4—Constitution of TSRA 142R Constitution of TSRA (1) Subject to any instrument in force under section 142S, the TSRA consists of the eligible number of members elected in accordance with Division 5 of this Part. (1A) The Minister may fix the eligible number for the TSRA by notice in the Gazette. (1B) The number fixed must be at least 20 and not more than 23. (1C) The notice is a legislative instrument. (2) The performance of the functions or the exercise of the powers of the TSRA is not affected by reason only that there are fewer than the eligible number of members of the TSRA. (3) If there are fewer than 7 members of the TSRA, the Minister may, subject to subsection (4), by notice in the Gazette: (a) remove the remaining members (if any) of the TSRA from office; and (b) appoint a TSRA Administrator to administer the affairs of the TSRA. (4) Subsection (3) does not apply if: (a) there are casual vacancies in the membership of the TSRA; and (b) some or all of those vacancies will be able to be filled in accordance with the TSRA election rules; and (c) when those casual vacancies are filled, the TSRA will have at least 7 members. 142S Minister may determine manner of representation on TSRA (1) The Minister may, by legislative instrument, make provision for and in relation to how the TSRA is to be constituted. (2) Without limiting subsection (1), an instrument under that subsection may: (a) provide for some or all of the members of the TSRA to be elected under this Act to be representatives of a specified kind; and (b) provide for the method and timing of election of those members; and (c) provide for the term of office of those members. (3) An instrument under subsection (1) may also make provision in relation to the operation of the TSRA. (4) If the eligible number has changed, the Minister may amend an instrument under subsection (1) in connection with the change. (5) Subsection (4) does not limit the Minister's power to revoke, amend or vary an instrument under subsection (1). (6) An instrument under subsection (1) has effect according to its terms. Division 5—TSRA elections 142T TSRA elections The Australian Electoral Commission is 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. 142TA TSRA wards Rules may divide Torres Strait area into wards (1) The TSRA election rules may: (a) provide for the division of the Torres Strait area into specified wards; and (b) set out the boundaries of each ward; and (c) fix the designated number for each ward. Significance of fixing designated number for a ward (2) The following is an explanation of the significance of fixing the designated number for a ward: (a) if the designated number is 1—subject to section 143A (which deals with nominations), there is to be a single member of the TSRA for the ward; (b) if the designated number is any other number—subject to section 143A (which deals with nominations), there is to be that number of members of the TSRA for the ward. Total of designated numbers for wards (3) The total of the designated numbers for TSRA wards must equal the eligible number for the TSRA less the number of members (if any) who hold office as members under an instrument under section 142S. When rules about wards take effect (4) TSRA election rules made for the purposes of this section: (a) have effect for the purposes of TSRA elections held after the commencement of the rules; and (b) take effect, for all other purposes, at the end of the election period for the first TSRA election held after the date on which the rules commence. If no rules in force then Torres Strait area taken to be a single ward (5) For the purposes of this Act, if there are no TSRA election rules in force that divide the Torres Strait area into wards: (a) the area is taken to be a single ward; and (b) the designated number for the ward is equal to the eligible number for the TSRA less the number of members (if any) who hold office as members under an instrument under section 142S. 142U People entitled to vote at TSRA elections A person is entitled to vote at a TSRA ward election 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 ward concerned; or (ii) the person is entitled to vote at the election under rules made under subsection 143G(3). 142V People qualified to be elected to the TSRA (1) A person is not qualified to stand for election, or to be elected, as a member of the TSRA for a ward if: (a) the person is not entitled to vote at the TSRA ward election concerned; or (b) the person is a member of the staff of, or a consultant to, the TSRA; or (c) the person is bankrupt; or (d) there is in operation a personal insolvency agreement 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). 142W Term of office of members of TSRA (1) Persons elected, or declared to have been elected, as members of the TSRA for a TSRA ward 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 this Part, until the end of the election period for the next TSRA election (other than a by‑election or an election held for another ward in place of an election in relation to which the Federal Court of Australia has made an order under Schedule 4). (2) A person elected, or declared to have been elected, as a member of the TSRA for a TSRA ward at a by‑election to fill a casual vacancy: (a) takes office as member immediately after the day on which the poll is declared in relation to that by‑election; and (b) holds office, subject to this Part, until immediately before the last day on which a poll is declared in relation to the next TSRA election (other than a by‑election to fill a casual vacancy or an election held for another ward in place of an election in relation to which the Federal Court of Australia has made an order under Schedule 4). (3) In this section: by‑election to fill a casual vacancy includes an election of a member of the TSRA to fill a position created by an increase in the eligible number. 142X Errors in Commonwealth Electoral Roll not to affect entitlements (1) For the purposes of the application of this Act to the TSRA, a person's name is taken to be on the Commonwealth Electoral Roll if the name on the Roll is, in the opinion of an authorised electoral officer, sufficient to identify the person, even if: (a) a given name of the person has been omitted from the Roll; or (b) a wrong given name has been entered on the Roll; or (c) the person's surname has been misspelt on the Roll; or (d) the Roll does not show the person's correct address. (2) For the purposes of the application of this Act to the TSRA, a person's name is taken to be on the Commonwealth Electoral Roll even if his or her name as shown on that Roll has been changed because of his or her marriage. 142Y Timing of TSRA elections (1) TSRA elections must be held every 4 years during periods determined under the TSRA election rules having regard to the day or days fixed for the polling in accordance with this section. (2) The Minister must, by written notice, fix a day or days for the polling in each TSRA election. 142Z Polling places (1) The Electoral Commissioner must, by written notice, appoint by name such polling places as he or she considers necessary for each TSRA ward. (2) The Electoral Commissioner must give a copy of the notice relating to elections for the TSRA to the Minister and the TSRA. (3) The TSRA must take reasonable steps to ensure that a copy of the most recent notice appointing polling places for an election is available for inspection at each office of the TSRA. 143 Fixing of election days, and location of polling places, to be notified in Gazette (1) The Minister must cause a copy of the notice under subsection 142Y(2) fixing a polling day or polling days for a TSRA election to be published in the Gazette at least 90 days before the day, or the first of the days, so fixed. (2) The Minister must cause to be published, together with the copy referred to in subsection (1): (a) a copy of the most recent notice appointing polling places under section 142Z; and (b) a notice setting out an estimate by the Minister, in relation to the Torres Strait area, of: (i) the number of persons who will be entitled to vote at the forthcoming TSRA election; and (ii) the number of persons living in that area who are Torres Strait Islanders or Aboriginal persons; and (c) if the Torres Strait area is divided into wards—a notice setting out an estimate by the Minister, in relation to each ward, of: (i) the number of persons who will be entitled to vote at the forthcoming election for that ward; and (ii) the number of persons living in that ward who are Torres Strait Islanders or Aboriginal persons. (3) A failure by the Minister to comply with this section does not invalidate the fixing of the day or days, or the appointing of the polling places, as the case requires. 143A Effect of nominations (1) If the number of candidates nominated for election as the member or members for a TSRA ward is equal to or less than the designated number for the ward, an authorised electoral officer must declare the candidate or candidates, as the case requires, to be duly elected. Subsection (3) may require deferral of the declaration. (2) If the number of candidates nominated for election as the member or members for a TSRA ward is more than the designated number for the ward, a poll must be held. (3) If subsection (1) applies to some, but not all, of the TSRA wards, all declarations (whether made under this section or otherwise) must be made on the same day for all the wards for which elections are being held. 143B Voting not compulsory Voting at TSRA elections is not compulsory. 143C Voting by secret ballot Voting at TSRA elections must be by secret ballot. 143D Voting (1) A voter must cast a vote at a TSRA election by marking the ballot paper to show the order of the voter's preference for the candidates. (2) A ballot paper is formal if, and only if: (a) an authorised electoral officer is satisfied that it is an authentic ballot paper; and (b) it indicates the voter's first preference for one, and only one, candidate; and (c) it does not have any identifying mark on it. (3) A ballot paper that is formal must be given effect according to the voter's intention so far as that intention is clear. (4) In this section: identifying mark means writing or another mark by which, in the opinion of an authorised electoral officer, the voter can be identified, but does not include writing or another mark placed on the ballot paper (whether or not in contravention of any law) by a person involved in conducting the election. 143E Counting of votes and election of candidates Votes cast at a TSRA election must be counted, and the candidate or candidates are to be elected, as provided in: (a) whichever of Schedule 2 or 2A applies; and (b) the TSRA election rules. 143F General obligation to inform people about elections In addition to its specific obligations in relation to TSRA elections, the Australian Electoral Commission must take any steps that it considers reasonable to inform people who are, or may be, entitled to vote at TSRA elections about: (a) their eligibility to vote; and (b) the dates and times fixed for polling; and (c) the locations of polling places; and (d) any other matters about the conduct of TSRA elections that the Australian Electoral Commission considers significant. 143G Rules for conduct of elections Minister may make rules (1) The Minister may, after consulting the TSRA and the Electoral Commissioner, make rules, not inconsistent with this Act, prescribing: (a) the manner in which TSRA elections are to be conducted (including, but not limited to, elections conducted because previous elections have been declared to be void); and (b) the manner in which casual vacancies in the TSRA are to be filled (including, but not limited to, the holding of by‑elections); and (c) the manner of changing the membership of the TSRA to conform with changes in the eligible number (including, but not limited to, the holding of by‑elections). Matters that may be dealt with in rules (2) The matters that may be dealt with in the rules include, but are not limited to, the following matters: (a) the use of an electoral roll or voter cards to establish an entitlement to vote or to make a record of the people who have cast votes; (b) the functions of Torres Strait Islander and Aboriginal liaison officers in connection with the determination of a person's entitlement to vote; (c) the nomination of candidates for election; (d) ballot papers and forms; (e) postal voting; (f) mobile polling, including the appointment and duties of mobile polling teams and matters relating to polling by such teams; (g) confidentiality of voting; (h) the employment by the Australian Electoral Commission of staff, including polling staff, in connection with elections; (i) the scrutiny and counting of votes; (j) the declaration of the poll. Rules may deal with situations where persons would otherwise not be entitled to vote (3) The rules may make provision entitling Torres Strait Islanders and Aboriginal persons to vote at TSRA elections even if they would not be entitled so to vote under subparagraph 142U(b)(i) and, without limiting the generality of the foregoing, may make provision about the following matters: (a) the determination of whether a person is entitled to vote if: (i) the person's name is on the Commonwealth Electoral Roll; but (ii) because of the Commonwealth Electoral Act 1918, the person's place of living or address is not shown on the Commonwealth Electoral Roll; (aa) the determination of the ward in relation to which a person described in paragraph (a) may vote (if he or she is entitled to vote); (b) how a vote cast by a person is to be dealt with if: (i) the person was entitled to have his or her name on the Commonwealth Electoral Roll; but (ii) the person's name was not on that Roll because of a mistake by a person exercising powers or performing functions under the Commonwealth Electoral Act 1918; (c) the casting of a provisional vote by a person whose name does not, on the polling day, appear to be on the Commonwealth Electoral Roll; (d) the circumstances in which a provisional vote cast under rules made under paragraph (c) is to be accepted. Penalties for breach of rules (4) The rules may provide penalties for breaches of the rules not exceeding 10 penalty units. Penalty under Commonwealth Electoral Act 1918 may be substituted for penalty under rules (5) If: (a) the rules create an offence in relation to TSRA elections (TSRA election offence) that corresponds to an offence under the Commonwealth Electoral Act 1918 (Commonwealth election offence); and (b) the maximum pecuniary penalty for the Commonwealth election offence is more than the penalty that, by subsection (4), could be imposed for a breach of the rules; the rules may provide a maximum penalty for the TSRA election offence not exceeding the maximum pecuniary penalty for the corresponding Commonwealth election offence. However, nothing in this subsection enables the rules to provide penalties of imprisonment. Minister to have regard to desirability of TSRA elections being conducted in a manner similar to elections for the Parliament (6) In making rules, the Minister must have regard to the desirability of providing for TSRA elections to be conducted in a manner similar to the manner in which elections for the Parliament are conducted, with the aim of increasing the understanding of, and participation in, elections for the Parliament by Torres Strait Islanders, and Aboriginal persons, living in the Torres Strait area. Rules may take account of special circumstances (7) Subsection (6) does not prevent the Minister making rules: (a) that take account of the special circumstances of Torres Strait Islanders, or Aboriginal persons, living in the Torres Strait area; or (b) that will enable significant reductions in the costs of conducting TSRA elections. Rules are a legislative instrument (8) Rules made under this section are a legislative instrument. 143H Authorised electoral officer A reference in this Division or Schedule 2 to an authorised electoral officer is, in relation to a