Commonwealth: Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 (Cth)

Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 No. 1 of 1994 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title etc. 2. Commencement PART 2—AMENDMENTS RELATING TO THE DIRECTOR OF THE OFFICE OF EVALUATION AND AUDIT 3. Insertion of new sections: 77A. Period of appointment 77B. Remuneration and allowances 77C. Leave of absence 77D. Acting Director of Evaluation and Audit 77E. Disclosure of interests 77F. Resignation TABLE OF PROVISIONS—continued Section 77G. Termination of appointment 77H. Director of Evaluation and Audit not personally liable 77J. Other terms and conditions 4. Application of amendments PART 3—AMENDMENTS RELATING TO THE FUNCTIONS OF THE OFFICE OF EVALUATION AND AUDIT 5. Repeal of section and substitution of new section: 76. Functions of Office PART 4—AMENDMENTS RELATING TO THE TERM OF APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION 6. Period of appointment PART 5—AMENDMENTS RELATING TO ADVISORY COMMITTEES ESTABLISHED UNDER SECTION 13 OF THE PRINCIPAL ACT 7. Advisory committees 8. Insertion of new sections: 13A. Advisory committee—disclosure of interests at meetings 13B. Advisory committee—member's appointment to be terminated for non-disclosure of interests 13C. Advisory committee—resignation PART 6—AMENDMENTS RELATING TO THE TORRES STRAIT ISLANDER ADVISORY BOARD 9. Insertion of new sections: 86A. Advisory Board—disclosure of interests at meetings 86B. Advisory Board—member's appointment to be terminated for non-disclosure of interests 86C. Advisory Board—resignation PART 7—AMENDMENTS RELATING TO ADMINISTRATORS 10. Interpretation 11. Constitution of Regional Councils 12. Removal of Regional Council 13. Powers of Administrator 14. Insertion of new sections: 124A. Remuneration and allowances 124B. Administrator holds office on a full-time basis 124C. Disclosure of interests 124D. Resignation of Administrator 124E. Leave of absence 124F. Termination of appointment 124G. Acting Administrator 124H. Other terms and conditions 124J. Commission may appoint replacement Administrator if there is a vacancy in an office of Administrator 15. Members of Regional Councils, and Administrators, not personally liable 16. Application of amendments TABLE OF PROVISIONS—continued Section PART 8—AMENDMENTS RELATING TO THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMERCIAL DEVELOPMENT CORPORATION 17. Appointment of Directors 18. Selection of Directors 19. Period of appointment 20. Termination of appointment 21. Application of amendments—section 157 of the Principal Act 22. Transitional provision—section 159 of the Principal Act PART 9—AMENDMENT RELATING TO TAXATION 23. Exemption from taxation 24. Application of amendment PART 10—REPEAL OF REDUNDANT PROVISIONS 25. Heading to Part 6 26. Repeal of Division 2 of Part 6 27. Repeal of Division 5 of Part 6 28. Savings PART 11—AMENDMENTS RELATING TO REVIEWS OF THE OPERATION OF THE PRINCIPAL ACT 29. Repeal of section and substitution of new section: 26. Review of operation of Act PART 12—AMENDMENT RELATING TO ABORIGINAL HOSTELS LIMITED 30. Aboriginal Hostels Limited 31. Application of amendments PART 13—AMENDMENT TO RELOCATE HEADING TO PART 5 32. Heading to Part 5 PART 14—AMENDMENT RELATING TO SECRECY 33. Secrecy PART 15—AMENDMENTS RELATING TO THE ANNUAL REPORTS OF REGIONAL COUNCILS Division 1—Amendments relating to the annual reports of Regional Councils 34. Annual report 35. Application of amendments TABLE OF PROVISIONS—continued Section Division 2— Transitional provisions relating to the annual reports of Regional Councils 36. This Division does not apply to the Torres Strait Regional Council 37. Definitions 38. Minister may determine the predecessor or predecessors of a new Regional Council 39. Transitional provision—annual report of new Regional Council to deal with the operations of its predecessor or predecessors 40. Transitional provision—annual report of new Regional Council PART 16—AMENDMENTS RELATING TO THE DRAFT BUDGETS OF REGIONAL COUNCILS 41. Regional Councils to prepare draft budgets 42. Application of amendments PART 17—AMENDMENT RELATING TO DELEGATIONS 43. Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission PART 18—AMENDMENTS RELATING TO THE COMMISSION'S GENERAL FUNDING POWERS Division 1—Commission's general funding powers 44. Repeal of sections and substitution of new sections: 14. Commission may make grants and loans 15. Commission may give guarantees 16. Commission may make grants and loans to State and Territory governments etc. 17. Commission may subscribe for shares in the capital of a body corporate etc. 45. Repeal of sections and substitution of new section: 22. Commission to formulate decision-making principles about grants, loans and guarantees 46. Amendments relating to the Commission's general funding powers Division 2—Transitional provisions relating to the Commission's general funding powers 47. Transitional provision—repeal of section 24 48. Transitional provision—sections 20, 76 and 197 49. Transitional provision—section 21 50. Transitional provision—amendment of section 67 51. Transitional provision—amendment of section 90 52. Transitional provision—amendments of sections 195 and 196 PART 19—AMENDMENTS TO ALLOW BY-ELECTIONS TO FILL CASUAL VACANCIES IN REGIONAL COUNCILS 53. Rules for conduct of elections 54. Term of office of members of Regional Council TABLE OF PROVISIONS—continued Section PART 20—AMENDMENTS RELATING TO MEMBERS OF STAFF OF THE COMMISSION AND CONSULTANTS TO THE COMMISSION 55. Corporate plan 56. Staff 57. Consultants 58. Annual report and financial statements 59. Application of amendments PART 21—AMENDMENTS RELATING TO DRAFT BUDGETS 60. Form of estimates 61. Commission to prepare draft budget 62. Regional Councils to prepare draft budgets 63. Application of amendments PART 22—AMENDMENT RELATING TO THE HOUSING FUND OF THE COMMISSION 64. Housing Fund PART 23—AMENDMENTS RELATING TO THE REGIONAL LAND FUND OF THE COMMISSION 65. Regional Councils to prepare draft budgets 66. Application of amendments PART 24—AMENDMENT RELATING TO THE REVISION OF REGIONAL COUNCIL ESTIMATES ETC. 67. Estimates 68. Application of amendment PART 25—AMENDMENTS TO ALLOW THE COMMISSION TO REMOVE REGIONAL COUNCILLORS FROM OFFICE AND APPOINT AN ADMINISTRATOR IF THE REGIONAL COUNCIL CONTRAVENES CERTAIN STATUTORY OBLIGATIONS 69. Interpretation 70. Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission 71. Insertion of new section: 123A. Removal of Regional Councillors if Regional Council contravenes certain statutory obligations 72. Review by Administrative Appeals Tribunal PART 26—AMENDMENT RELATING TO THE POWER OF THE DIRECTOR OF EVALUATION AND AUDIT TO EXAMINE DOCUMENTS 73. Insertion of new section: 78A. Examination of documents etc. TABLE OF PROVISIONS—continued Section PART 27—AMENDMENTS RELATING TO THE ELECTORAL COMMISSIONER 74. Polling places 75. Application of amendments PART 28—AMENDMENTS RELATING TO THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY Division 1—Establishment of the Torres Strait Regional Authority 76. Insertion of new Part: 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 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 142H. Grants and loans to be repayable if conditions breached etc. 142J. Restriction on right to dispose of 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 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 TABLE OF PROVISIONS—continued Section 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 the 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 Division 6—Administrative provisions 143J. Part-time basis of holding office 143K. Remuneration and allowances 143L. Chairperson and Deputy Chairperson 143M. Acting appointments 143N. Disclosure of interests at meetings 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 General Manager or staff member of TSRA Division 7—General Manager of TSRA 144G. TSRA General Manager 144H. Period of appointment 144J. Remuneration and allowances 144K: Leave of absence 144L. Acting TSRA General Manager 144M. Disclosure of interests 144N. Resignation 144P. Termination of appointment 144Q. Other terms and conditions Division 8—Staff 144R. Staff 144S. Arrangements for Commission staff to perform duties on behalf of the TSRA 144T. Consultants TABLE OF PROVISIONS—continued Section Division 9—Finances 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 and financial statements 144ZC. Application of Audit Act 144ZD. TSRA Finance Directions Division 10—Minister or Commission may ask TSRA for information 144ZE. Minister or Commission may ask TSRA for information 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 77. Insertion of new Schedule: SCHEDULE 2B METHOD OF COUNTING VOTES AND DETERMINING SUCCESSFUL CANDIDATES AT TSRA ELECTIONS 78. Schedule 4 79. Amendments relating to the establishment of the Torres Strait Regional Authority 80. Amendments of other Acts consequential upon the establishment of the Torres Strait Regional Authority Division 2—Transitional provisions relating to the establishment of the Torres Strait Regional Authority Subdivision A—Preparation for the establishment of the Torres Strait Regional Authority 81. Torres Strait Regional Council may be known as Torres Strait Regional Authority 82. Torres Strait Regional Council may plan the establishment of the Torres Strait Regional Authority 83. Consultation about initial appropriation TABLE OF PROVISIONS—continued Section Subdivision B—Establishment of the Torres Strait Regional Authority 84. Interpretation 85. Authorised officer 86. Transfer of certain assets and liabilities of the Commission 87. Certificates in relation to estates or interests in land 88. Commission instruments 89. Certificates relating to assets and liabilities 90. Transfer of responsibility for certain loans and grants 91. Restriction on right to dispose of interest in land—transfer of responsibility 92. Pending proceedings 93. Ombudsman investigations 94. Advisory committees 95. Transitional provision—Commission's draft budget 96. Transitional provision—draft budget for Torres Strait Regional Council 97. Final annual report of Torres Strait Regional Council 98. Transitional provision—notice dealing with constitution of the Torres Strait Regional Authority 99. Members of Torres Strait Regional Council 100. Chairperson of Torres Strait Regional Council 101. Deputy Chairperson of Torres Strait Regional Council 102. Alternate of the Deputy Chairperson of Torres Strait Regional Council 103. Zone representative for the Torres Strait zone 104. Estimates PART 29—AMENDMENT RELATING TO THE TORRES STRAIT REGIONAL COUNCIL 105. Torres Strait Regional Council PART 30—AMENDMENTS RELATING TO REVIEW PANELS 106. Interpretation 107. Regions 108. Regional Council wards 109. Zones 110. Repeal of Division and substitution of new Division: Division 9—Review Panels Subdivision A—Review Panels to be convened after elections 141. Review Panels Subdivision B—Review Panels—constitution and procedure 141A. Constitution of Review Panel 14IB. Commission Chairperson to chair Review Panel 141C. Review Panel must invite submissions 14ID. Submissions must be given to the Review Panel within 90 days 14IE. Submissions must be made available for inspection 141F. Conduct of review etc. 141G. Notice of making of draft boundary recommendation to be published in the Gazette etc. 141H. Objections against draft boundary recommendation TABLE OF PROVISIONS—continued Section 141J. If no objections received, then draft boundary recommendation becomes final boundary recommendation etc. 141K. Minister must cause copy of final boundary recommendation to be laid before each House of the Parliament 141L. Proceedings at meetings of Review Panel 141M. Matters Review Panel must consider before making draft boundary recommendation Subdivision C—Augmented Review Panel to be convened to consider objections against draft boundary recommendations 141N. Minister must convene Augmented Review Panel if objection received 141P. Consideration of objections 141Q. Draft boundary recommendation to become final boundary recommendation 141R. Augmented Review Panel may invite submissions etc. 141S. Constitution of Augmented Review Panel 14IT. Commission Chairperson to be Chairperson of Augmented Review Panel 141U. Chairperson must give copy of decision to each person who objected 141V. Notice of making of decision to be published in the Gazette etc. 141W. Augmented Review Panel must give decision to Minister 141X. Minister must cause copy of final boundary recommendation to be laid before each House of the Parliament 141Y. Proceedings at meetings of Augmented Review Panel etc. Subdivision D—Administrative provisions 141Z. Subdivision applies to members of Review Panels and members of Augmented Review Panels 141ZA. Remuneration and allowances 141ZB. Panel—disclosure of interests at meetings 141ZC. Other terms and conditions 141ZD. Panel—resignation Subdivision E—Implementation of final boundary recommendation 141ZE. Minister must give effect to final boundary recommendation 111. Transitional provision—Review Panels not to review the boundaries of the Torres Strait region or the Torres Strait zone 112. Transitional provision—Regional Council electorate notices PART 31—AMENDMENTS TO REDUCE THE NUMBER OF COMMISSIONERS FROM 19 TO 17 113. Constitution of the Commission 114. Amendments relating to the reduction in the number of Commissioners 115. Application of amendments PART 32—AMENDMENT RELATING TO THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION 116. Disclosure of interests 117. Transitional provision—disclosure of interests PART 33—INSERTION OF PREAMBLE TO THE PRINCIPAL ACT 118. Insertion of Preamble TABLE OF PROVISIONS—continued SCHEDULE 1 AMENDMENTS RELATING TO THE COMMISSION'S GENERAL FUNDING POWERS SCHEDULE 2 AMENDMENTS RELATING TO THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY SCHEDULE 3 AMENDMENTS OF OTHER ACTS CONSEQUENTIAL ON THE ESTABLISHMENT OF THE TORRES STRAIT REGIONAL AUTHORITY SCHEDULE 4 AMENDMENTS RELATING TO THE REDUCTION IN THE NUMBER OF COMMISSIONERS Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993 No. 1 of 1994 An Act to amend the Aboriginal and Torres Strait Islander Commission Act 1989, and for related purposes [Assented to 14 January 1994] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title etc. 1.(1) This Act may be cited as the Aboriginal and Torres Strait Islander Commission Amendment Act (No. 3) 1993. (2) In this Act, "Principal Act" means the Aboriginal and Torres Strait Islander Commission Act 19891. Commencement 2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent. (2) Part 25 commences on the day after the day on which this Act receives the Royal Assent. (3) The following provisions commence on 1 July 1994: (a) Part 18 and Schedule 1; (b) Part 28 (other than Subdivision A of Division 2) and Schedules 2 and 3. (4) Part 31 and Schedule 4 commence on 1 July 1996. PART 2—AMENDMENTS RELATING TO THE DIRECTOR OF THE OFFICE OF EVALUATION AND AUDIT Insertion of new sections 3. After section 77 of the Principal Act the following sections are inserted: Period of appointment "77A.(1) The Director of Evaluation and Audit holds office for the period specified in, or worked out under, the instrument of appointment. "(2) The period must not be longer than 5 years. "(3) A person who is 65 or over cannot hold office as Director of Evaluation and Audit. Remuneration and allowances "77B. The Director of Evaluation and Audit is entitled to remuneration and allowances in accordance with section 194. Leave of absence "77C.(1) Subject to section 87E of the Public Service Act 1922, the Director of Evaluation and Audit is to have such recreation leave entitlements as are determined by the Remuneration Tribunal. "(2) The Minister may, with the Commission Chairperson's agreement, grant the Director of Evaluation and Audit leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Minister, with the Commission Chairperson's agreement, determines in writing. Acting Director of Evaluation and Audit "77D.(1) The Minister may, after consulting the Commission Chairperson, appoint a person to act as the Director of Evaluation and Audit: (a) during a vacancy in the office of Director of Evaluation and Audit; or (b) during any period, or during all periods, when the Director of Evaluation and Audit is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office; but a person appointed to act during a vacancy must not continue so to act for more than 6 months. "(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. Disclosure of interests "77E.(1) The Director of Evaluation and Audit must make to the Minister and the Commission Chairperson a written disclosure of: (a) the Director's financial interests; and (b) the financial interests of the Director's immediate family; equivalent to the disclosure of financial interests required to be made by officers of the Australian Public Service who are members of the Senior Executive Service. "(2) The Director of Evaluation and Audit must make a disclosure under subsection (1) within one month after being appointed as Director. "(3) The Director of Evaluation and Audit must from time to time make such further disclosures as are necessary to ensure that the information available to the Minister and the Commission Chairperson about the financial interests of the Director, and of the members of the Director's immediate family, is up-to-date. "(4) In this section: 'Director of Evaluation and Audit' includes an acting Director of Evaluation and Audit. Resignation "77F. The Director of Evaluation and Audit may resign by writing signed by him or her and sent to the Minister. Termination of appointment "77G.(1) The Minister may, after consulting the Commission, terminate the appointment of the Director of Evaluation and Audit because of incompetence, misbehaviour or physical or mental incapacity. "(2) If the Director of Evaluation and Audit: (a) is absent from duty, except on leave granted under section 77C, for 14 consecutive days or for 28 days in any period of 12 months; or (b) becomes bankrupt; or (c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (d) compounds with his or her creditors; or (e) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (f) fails, without reasonable excuse, to comply with section 77E; or (g) engages in paid employment outside the duties of the office of Director of Evaluation and Audit without the written consent of the Minister given after consulting the Commission; the Minister must terminate the Director's appointment. Director of Evaluation and Audit not personally liable "77H. The Director of Evaluation and Audit is not personally liable to an action or other proceeding for damages for or in relation to anything done or omitted to be done in good faith: (a) by the Office of Evaluation and Audit; or (b) by the Director in the capacity of Director. Other terms and conditions "77J. The Director of Evaluation and Audit holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister by notice in the Gazette". Application of amendments 4.(1) This section applies to a person who held the office of Director of Evaluation and Audit immediately before the commencement of this section. (2) The period specified in the person's instrument of appointment has effect, after the commencement of this section, as if it were the period specified for the purposes of section 77A of the amended Act. (3) Subsection 77E(2) of the amended Act has effect, in relation to the person, as if the person had been appointed immediately after the commencement of this section. (4) In this section: "amended Act" means the Principal Act as amended by this Act. PART 3—AMENDMENTS RELATING TO THE FUNCTIONS OF THE OFFICE OF EVALUATION AND AUDIT Repeal of section and substitution of new section 5. Section 76 of the Principal Act is repealed and the following section is substituted: Functions of Office "76.(1) The Office has the following functions: (a) to evaluate and audit the operations of the following bodies regularly: (i) the Commission; (ii) Aboriginal Hostels Limited; (iii) the Corporation; (b) when requested to do so by the Minister or the Commission, to evaluate or audit particular aspects of the operations of the following bodies: (i) the Commission; (ii) Aboriginal Hostels Limited; (iii) the Corporation; (iv) a Regional Council; (c) when requested to do so by Aboriginal Hostels Limited: (i) to evaluate or audit particular aspects of the operations of Aboriginal Hostels Limited; or (ii) to evaluate or audit particular aspects of the operations of a body that has received money from Aboriginal Hostels Limited, but only to the extent that the evaluation or audit concerns that money; (d) when requested to do so by the Corporation: (i) to evaluate or audit particular aspects of the operations of the Corporation; or (ii) to evaluate or audit particular aspects of the operations of a body that has received money from the Corporation, but only to the extent that the evaluation or audit concerns that money; (e) when requested to do so by the Minister or the Commission, to evaluate or audit the activities of an individual who has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans; (f) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a body corporate that has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans; (g) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of an unincorporated body that has received one or more grants or loans from the Commission, but only to the extent that the evaluation or audit concerns those grants or loans; (h) when requested to do so by the Minister or the Commission, to evaluate or audit the activities of a borrower, being an individual one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees; (i) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a borrower, being a body corporate one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees; (j) when requested to do so by the Minister or the Commission, to evaluate or audit the operations of a borrower, being an unincorporated body one or more of whose loans have been guaranteed by the Commission, but only to the extent that the evaluation or audit concerns those guarantees; (k) to report on evaluations and audits conducted in accordance with paragraph (a) or (b), in writing, to the Commission and the Minister at least every 3 months; (l) to report on evaluations and audits conducted in accordance with paragraph (c), in writing, to Aboriginal Hostels Limited and the Minister at least every 3 months; (m) to report on evaluations and audits conducted in accordance with paragraph (d), in writing, to the Corporation and the Minister at least every 3 months; (n) to report on evaluations and audits conducted in accordance with paragraph (e), (f), (g), (h), (i) or (j), in writing, to the Commission and the Minister at least every 3 months; (o) to tell the Minister and the Commission about particular problems that have arisen or may arise in relation to: (i) the operations of the Commission; or (ii) the operations of any other body that exercises powers, performs functions or receives money under this Act; or (iii) the activities of an individual who receives money under this Act. "(2) The functions conferred on the Office of Evaluation and Audit under this section are in addition to, and not in substitution for, any functions conferred on the Auditor-General or any other person by or under any other law of the Commonwealth.". PART 4—AMENDMENTS RELATING TO THE TERM OF APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION Period of appointment 6. Section 47 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: "(2) The period must not be longer than 5 years.". PART 5—AMENDMENTS RELATING TO ADVISORY COMMITTEES ESTABLISHED UNDER SECTION 13 OF THE PRINCIPAL ACT Advisory committees 7. Section 13 of the Principal Act is amended by adding at the end the following subsection: "(3) 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 Commission by notice in the Gazette.". Insertion of new sections 8. After section 13 of the Principal Act the following sections are inserted: Advisory committee—disclosure of interests at meetings "13A.(1) A member of an advisory committee established under section 13 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. Advisory committee—member's appointment to be terminated for non-disclosure of interests "13B.(1) This section applies to an advisory committee established under section 13. "(2) The Commission must terminate the appointment of a member of the committee if the member fails, without reasonable excuse, to comply with section 13A. "(3) Subsection (2) does not, by implication, limit the Commission's power to terminate the appointment of a member of the committee. Advisory committee—resignation "13C. A member of an advisory committee established under section 13 may resign from the committee by writing signed by the member and sent to the Commission.". PART 6—AMENDMENTS RELATING TO THE TORRES STRAIT ISLANDER ADVISORY BOARD Insertion of new sections 9. After section 86 of the Principal Act the following sections are inserted: Advisory Board—disclosure of interests at meetings "86A.(1) A member of the Advisory Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board 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 Board. "(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting of the Board. Advisory Board—member's appointment to be terminated for non-disclosure of interests "86B.(1) The Minister must terminate the appointment of a member of the Advisory Board if the member fails, without reasonable excuse, to comply with section 86A. "(2) Subsection (1) does not, by implication, limit the Minister's power to terminate the appointment of a member of the Advisory Board. Advisory Board—resignation "86C. A member of the Advisory Board may resign from the Board by writing signed by the member and sent to the Minister.". PART 7—AMENDMENTS RELATING TO ADMINISTRATORS Interpretation 10. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definition: " 'Administrator' means an Administrator appointed under: (a) section 115; or (b) section 123; or (c) section 124J; to administer the affairs of a Regional Council;". Constitution of Regional Councils 11. Section 115 of the Principal Act is amended by omitting from subsection (3) "Minister" and substituting "Commission". Removal of Regional Council 12. Section 123 of the Principal Act is amended by omitting "Minister" (wherever occurring) and substituting "Commission". Powers of Administrator 13. Section 124 of the Principal Act is amended by omitting "under section 115 or 123 or Schedule 4". Insertion of new sections 14. After section 124 of the Principal Act the following sections are inserted: Remuneration and allowances "124A. An Administrator is entitled to remuneration and allowances in accordance with section 194. Administrator holds office on a full-time basis "124B. An Administrator holds office on a full-time basis. Disclosure of interests "124C.(1) An Administrator must make to the Commission Chairperson a written disclosure of: (a) the Administrator's financial interests; and (b) the financial interests of the Administrator's immediate family; equivalent to the disclosure of financial interests required to be made by officers of the Australian Public Service who are members of the Senior Executive Service. "(2) An Administrator must make a disclosure under subsection (1) within one month after being appointed as an Administrator. "(3) An Administrator must from time to time make such further disclosures as are necessary to ensure that the information available to the Commission Chairperson about the financial interests of the Administrator, and of the members of the Administrator's immediate family, is up-to-date. "(4) In this section: 'Administrator' includes an acting Administrator. Resignation of Administrator "124D. An Administrator may resign by writing signed by him or her and sent to the Commission. Leave of absence "124E.(1) Subject to section 87E of the Public Service Act 1922, an Administrator is to have such recreation leave entitlements as are determined by the Remuneration Tribunal. "(2) The Commission may grant an Administrator leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Commission determines in writing. Termination of appointment Commission may terminate Administrator's appointment "124F.(1) The Commission may terminate the appointment of an Administrator because of misbehaviour or physical or mental incapacity. Commission must terminate Administrator's appointment "(2) If an Administrator: (a) is convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer; or (b) is convicted of an offence against a Commonwealth, State or Territory law involving dishonesty and sentenced to imprisonment for 3 months or longer; or (c) fails, without reasonable excuse, to comply with section 124C; or (d) is absent from duty, except on leave of absence granted under section 124E, for 14 consecutive days or for 28 days in any period of 12 months; or (e) becomes bankrupt; or (f) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (g) compounds with his or her creditors; or (h) makes an assignment of his or her remuneration for the benefit of his or her creditors; the Commission must terminate the Administrator's appointment. Acting Administrator "124G.(1) The Commission may appoint a person to act as an Administrator: (a) during a vacancy in an office of Administrator; or (b) during any period, or during all periods, when an Administrator is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office; but a person appointed to act during a vacancy must not continue so to act for more than 6 months. "(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. Other terms and conditions "124H. An Administrator holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Commission by notice in the Gazette. Commission may appoint replacement Administrator if there is a vacancy in an office of Administrator "124J. If there is a vacancy in an office of Administrator caused by the death, resignation or termination of appointment of the Administrator, the Commission may, by notice in the Gazette, appoint a replacement Administrator to administer the affairs of the Regional Council concerned.". Members of Regional Councils, and Administrators, not personally liable 15. Section 125 of the Principal Act is amended by omitting from subsection (2) "appointed under section 115 or 123 or Schedule 4". Application of amendments 16.(1) This section applies to a person who held office as an Administrator immediately before the commencement of this section. (2) Sections 124A, 124B, 124D, 124E, 124F, 124G and 124H of the amended Act do not apply to the person in relation to that office. (3) Subsection 124C(2) of the amended Act has effect, in relation to the person, as if the person had been appointed immediately after the commencement of this section. (4) The person may resign from that office by writing signed by him or her and sent to the Minister. (5) In this section: "amended Act" means the Principal Act as amended by this Act. PART 8—AMENDMENTS RELATING TO THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMERCIAL DEVELOPMENT CORPORATION Appointment of Directors 17. Section 157 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection: "(3) At least one Director must be a Commissioner.". Selection of Directors 18. Section 158 of the Principal Act is amended by omitting all the words after "office" and substituting the following: "of Director, the Minister: (a) must consult the Corporation about a suitable appointee; and (b) may consult the Commission about a suitable appointee.". Period of appointment 19. Section 159 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: "(1) A Director holds office for such period as is specified in the instrument of appointment. "(1A) The period must not be longer than 5 years.". Termination of appointment 20. Section 165 of the Principal Act is amended by omitting from subsection (1) "with the Commission" and substituting "the Commission and the Corporation". Application of amendments—section 157 of the Principal Act 21. The amendments of section 157 of the Principal Act made by this Part apply in relation to the first vacancy on the Board of Directors of the Corporation that occurs after the commencement of this section and to each later vacancy. Transitional provision—section 159 of the Principal Act 22.(1) This section applies to a person who held office as a Director of the Corporation immediately before the commencement of this section. (2) The period specified in the person's instrument of appointment has effect, after the commencement of this section, as if it were the period specified for the purposes of section 159 of the Principal Act as amended by this Act. PART 9—AMENDMENT RELATING TO TAXATION Exemption from taxation 23. Section 71 of the Principal Act is amended by adding at the end the following subsection: "(2) Excise duty is not payable by the Commission, or by any other person, on goods that are for use by the Commission.". Application of amendment 24. Subsection 71 (2) of the Principal Act as amended by this Act applies to excise duty that becomes payable after the commencement of this section. PART 10—REPEAL OF REDUNDANT PROVISIONS Heading to Part 6 25. The heading to Part 6 of the Principal Act is amended by omitting "CONSEQUENTIAL AND". Repeal of Division 2 of Part 6 26. Division 2 of Part 6 of the Principal Act is repealed. Repeal of Division 5 of Part 6 27. Division 5 of Part 6 of the Principal Act is repealed. Savings 28.(1) Despite the repeal of Division 2 of Part 6 of the Principal Act made by this Part, subsection 203(2) of the Principal Act continues to apply, after the commencement of this section, as if the repeal had not been made. (2) The repeal of Division 5 of Part 6 of the Principal Act made by this Part does not affect the operation of an amendment made by the repealed Division. PART 11—AMENDMENTS RELATING TO REVIEWS OF THE OPERATION OF THE PRINCIPAL ACT Repeal of section and substitution of new section 29. Section 26 of the Principal Act is repealed and the following section is substituted: Review of operation of Act "26.(1) The Commission may, from time to time: (a) review such aspects of the operation of this Act as it determines in writing; and (b) report to the Minister accordingly. "(2) The Commission 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.". PART 12—AMENDMENT RELATING TO ABORIGINAL HOSTELS LIMITED Aboriginal Hostels Limited 30. Section 200 of the Principal Act is amended by adding at the end the following subsections: "(4) For the purposes of Part XI of the Audit Act 1901, Aboriginal Hostels Limited is taken to be a body corporate incorporated for a public purpose by an Act. "(5) Aboriginal Hostels Limited is a public authority to which Division 2 of Part XI of the Audit Act 1901 applies. "(6) For the purposes of the Administrative Decisions (Judicial Review) Act 1977, if Aboriginal Hostels Limited makes a decision relating to any of the following applications: (a) an application by an incorporated body for the provision of accommodation for one or more Aboriginal persons or Torres Strait Islanders; (b) an application for a grant under the scheme known as the Community Support Hostel Grant Scheme, where the grant relates to expenditure associated with the establishment or operation of a hostel; (c) an application for a grant under the scheme known as the Student Rent Subsidy Scheme; the decision is taken to be a decision of an administrative character made under an enactment. "(7) The Minister may, on behalf of the Commonwealth, enter into an agreement with Aboriginal Hostels Limited. "(8) The Minister must cause notice of the making of the agreement to be published in the Gazette. "(9) An agreement between the Commonwealth and Aboriginal Hostels Limited that was in force immediately before the commencement of this subsection is taken to have been made under subsection (7).". Application of amendments 31. Subsections 200(4) and (5) of the Principal Act as amended by this Act apply in relation to Aboriginal Hostels Limited in relation to the financial year beginning on 1 July 1994 and each later financial year. PART 13—AMENDMENT TO RELOCATE HEADING TO PART 5 Heading to Part 5 32. The Principal Act is amended by relocating the heading to Part 5 from after section 192 of that Act to before section 192 of that Act. PART 14—AMENDMENT RELATING TO SECRECY Secrecy 33. Section 90 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: "(1) This section applies to a person who is or has been: (a) a Commissioner; or (b) a member of an advisory committee established under section 13; or (c) the Chief Executive Officer; or (d) a member of the staff of the Commission; or (e) engaged as a consultant under section 56; or (f) the Director of Evaluation and Audit; or (g) a member of the Torres Strait Islander Advisory Board; or (h) a Regional Councillor; or (i) a member of an advisory committee established under section 96; or (j) an Administrator.". PART 15—AMENDMENTS RELATING TO THE ANNUAL REPORTS OF REGIONAL COUNCILS Division 1—Amendments relating to the annual reports of Regional Councils Annual report 34. Section 99 of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsections: "(1) Each Regional Council must, as soon as practicable after the end of each financial year and, in any event, within 4 months after the end of each financial year, prepare and give to the Commission a report dealing with: (a) the operations of the Regional Council during that year; and (b) the implementation during that year of the regional plan for the region concerned; and (c) such other matters (if any) relating to that year as the Commission determines in writing. "(1A) If: (a) a grant was made to an individual or body during a financial year; and (b) the grant was covered by Regional Council estimates relating to the region concerned; then, in addition to the matters referred to in subsection (1), a report relating to the year must also set out: (c) the name of the individual or body; and (d) the amount and purpose of the grant."; (b) by omitting from subsection (3) all the words after "Regional Council" (second occurring) and substituting the following: "must: (a) make copies of the report available for inspection and purchase by residents of the region; and (b) if the report deals with the implementation of a particular version of the regional plan for the region—make copies of the version of the plan available for inspection and purchase by residents of the region."; (c) by omitting subsection (4) and substituting the following subsection: "(4) The Commission must make copies of the report and the regional plan for the region concerned available for inspection and purchase at each office of the Commission that serves the region.". Application of amendments 35. The amendments of section 99 of the Principal Act made by this Division apply to annual reports of Regional Councils for the financial year ending on 30 June 1994 and for each later financial year. Division 2—Transitional provisions relating to the annual reports of Regional Councils This Division does not apply to the Torres Strait Regional Council 36. This Division does not apply to the Torres Strait Regional Council. Definitions 37. In this Division: "amended Act" means the Principal Act as amended by this Act; "new Regional Council" means a Regional Council consisting of members elected in the round of Regional Council elections for 1993 (ignoring any member who fills a casual vacancy); "old Regional Council" means a Regional Council consisting of members elected in the first round of Regional Council elections (ignoring any member who fills a casual vacancy). Minister may determine the predecessor or predecessors of a new Regional Council 38.(1) The Minister may make a written determination that: (a) a specified old Regional Council is the predecessor of a specified new Regional Council for the purposes of this Division; or (b) 2 or more specified old Regional Councils are the predecessors of a single specified new Regional Council for the purposes of this Division. (2) A determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Transitional provision—annual report of new Regional Council to deal with the operations of its predecessor or predecessors 39.(1) This section applies to the annual report of a new Regional Council prepared under section 99 of the amended Act for the financial year ending on 30 June 1994. (2) In addition to the matters which section 99 of the amended Act requires the report to deal with, the report must also deal with the operations during that financial year of the predecessor, or predecessors, of the new Regional Council. Transitional provision—annual report of new Regional Council 40.(1) This section applies to the annual report of a new Regional Council prepared under section 99 of the amended Act for the financial year ending on 30 June 1994. (2) In addition to the matters which section 99 of the amended Act requires the report to deal with, the Minister may determine that the report must also deal with: (a) specified aspects of the operations during that year of a specified old Regional Council; and (b) specified aspects of the implementation during that year of the regional plan for the former region corresponding to that old Regional Council. PART 16—AMENDMENTS RELATING TO THE DRAFT BUDGETS OF REGIONAL COUNCILS Regional Councils to prepare draft budgets 41. Section 97 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: "(2) In preparing a draft budget, the Regional Council must: (a) have regard to the regional plan for the region concerned; and (b) consider any guidelines given to it by the Commission under subsection 63(12).". Application of amendments 42. The amendments made by this Part apply to a draft budget that a Regional Council starts preparing after 28 October 1993. PART 17—AMENDMENT RELATING TO DELEGATIONS Delegation to Chief Executive Officer, Director of Evaluation and Audit or staff member of Commission 43. Section 45 of the Principal Act is amended by adding at the end the following subsections: Delegation to Director of Evaluation and Audit of powers relating to consultants "(2) The Commission may, by writing under its seal, delegate to the Director of Evaluation and Audit any or all of its powers under section 56 (which deals with consultants). Chief Executive Officer may sub-delegate function or power "(3) If the Commission delegates a function or power to the Chief Executive Officer, he or she may, by writing, sub-delegate the function or power to a member of the staff of the Commission. Delegation may prohibit sub-delegation "(4) The Chief Executive Officer must not sub-delegate a function or power if the instrument of delegation prohibits the sub-delegation of that function or power. Application of certain provisions of the Acts Interpretation Act 1901 "(5) Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation. Application of certain provisions of the Acts Interpretation Act 1901 "(6) Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply to a sub-delegation as if it were a delegation.". PART 18—AMENDMENTS RELATING TO THE COMMISSION'S GENERAL FUNDING POWERS Division 1—Commission's general funding powers Repeal of sections and substitution of new sections 44. Sections 14 to 19 (inclusive) of the Principal Act are repealed and the following sections are substituted: Commission may make grants and loans "14.(1) The Commission 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 the TSRA); or (g) an unincorporated body; for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders. "(2) A grant or loan is subject to such terms and conditions as the Commission determines. "(3) The Commission may acquire by agreement an interest in land, or personal property, for the purpose of making a grant under this section. Commission may give guarantees "15.(1) If the Commission 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 Commission could, in the performance of its functions, make a loan to that borrower, the Commission 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 Commission's power to give guarantees is subject to such limits as the Treasurer 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 Commission determines. Commission may make grants and loans to State and Territory governments etc. "16.(1) The Commission may make a grant of money to: (a) a State; or (b) the Australian Capital Territory; or (c) the Northern Territory; or (d) an authority of a State or a Territory (including a local government body); for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders. "(2) The Commission may make a loan of money to: (a) a State; or (b) the Australian Capital Territory; or (c) the Northern Territory; or (d) an authority of a State or a Territory (including a local government body); for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders. "(3) A grant or loan is subject to such terms and conditions as the Commission determines. Commission may subscribe for shares in the capital of a body corporate etc. "17. The Commission may subscribe for, or otherwise acquire, shares or stock in the capital of a body corporate for the purpose of furthering the social, economic or cultural development of Aboriginal persons or Torres Strait Islanders.". Repeal of sections and substitution of new section 45. Sections 22, 23, 24 and 25 of the Principal Act are repealed and the following section is substituted: Commission to formulate decision-making principles about grants, loans and guarantees "22.(1) The Commission must formulate written principles ('decision-making principles'), not inconsistent with the objects of this Act, about: (a) making grants and loans under section 14 or 16; and (b) giving guarantees under section 15; and (c) subscribing for, or otherwise acquiring, shares or stock under section 17. "(2) Subject to section 74, the Commission must perform its functions and exercise its powers under sections 14, 15, 16 and 17 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 Chief Executive Officer must ensure that copies of the decision-making principles as in force from time to time are: (a) given to each Regional Council; and (b) available for inspection and purchase at each of the Commission's offices. "(4) The Chief Executive Officer must cause notice of the making of decision-making principles to be published in the Gazette.". Amendments relating to the Commission's general funding powers 46. The Principal Act is amended as set out in Schedule 1 to this Act. Division 2—Transitional provisions relating to the Commission's general funding powers Transitional provision—repeal of section 24 47. Despite the repeal of section 24 of the Principal Act made by this Part, that section continues to apply, in relation to loans, grants, acquisitions or guarantees under Division 2 of Part 2 of the Principal Act made or given before the commencement of this section, as if that repeal had not been made. Transitional provision—sections 20, 76 and 197 48.(1) A reference in section 20 of the Principal Act as amended by this Act to a grant or loan includes a reference to a grant or loan made under the Principal Act before the commencement of this section. (2) A reference in section 76 of the Principal Act as amended by this Act to a grant or loan made by the Commission or to a guarantee given by the Commission includes a reference to a grant or loan made by the Commission or a guarantee given by the Commission, as the case requires, under the Principal Act before the commencement of this section. (3) A reference in section 197 of the Principal Act as amended by this Act to a guarantee includes a reference to a guarantee given under the Principal Act before the commencement of this section. (4) This section is enacted for the avoidance of doubt. Transitional provision—section 21 49. Despite the amendments of section 21 of the Principal Act made by this Part, that section continues to apply, in relation to a disposal of an interest that was acquired before the commencement of this section, as if those amendments had not been made. Transitional provision—amendments of section 67 50. Despite the amendments of subsection 67(2) of the Principal Act made by this Part, that subsection continues to apply, in relation to loans made by the Commission before the commencement of this section, as if those amendments had not been made. Transitional provision—amendment of section 90 51. The amendments of paragraphs 90(2)(a) and (b) of the Principal Act made by this Part apply to grants made after the commencement of this section. Transitional provision—amendments of sections 195 and 196 52. Despite the amendments of sections 195 and 196 of the Principal Act made by this Part, those sections continue to apply, in relation to decisions made by the Commission before the commencement of this section, as if those amendments had not been made. PART 19—AMENDMENTS TO ALLOW BY-ELECTIONS TO FILL CASUAL VACANCIES IN REGIONAL COUNCILS Rules for conduct of elections 53. Section 113 of the Principal Act is amended: (a) by inserting in paragraph (1)(a) ", but not limited to," after "including"; (b) by adding at the end of paragraph (1)(b) "(including, but not limited to, the holding of by-elections)". Term of office of members of Regional Council 54. Section 117 of the Principal Act is amended: (a) by inserting "otherwise than at a by-election to fill a casual vacancy" after "Council"; (b) by adding at the end the following subsection: "(2) A person elected, or declared to have been elected, as a member of a Regional Council 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 an election in the next round of Regional Council elections.". PART 20—AMENDMENTS RELATING TO MEMBERS OF STAFF OF THE COMMISSION AND CONSULTANTS TO THE COMMISSION Corporate plan 55. Section 11 of the Principal Act is amended: (a) by adding at the end of paragraph (1)(a) "and"; (b) by omitting paragraphs (1)(c) and (d). Staff 56. Section 55 of the Principal Act is amended by adding at the end of subsection (1) the following Notes: "Note 1: A member of the staff of the Commission is not qualified to stand for election, or to be elected, as a member for a Regional Council ward (see paragraph 102(1)(c)). Note 2: The Commission may declare that a Regional Councillor has become an employee of the Commission. The Regional Councillor is taken to have resigned from the Regional Council on the date of the declaration (see subsections 121(3) and (4)).". Consultants 57. Section 56 of the Principal Act is amended by adding at the end the following subsections and Notes: "(3) The Commission must, by written instrument: (a) set out criteria for the engagement of consultants by the Commission; and (b) set out standard terms and conditions for the engagement of consultants by the Commission. "(4) The Commission must notify the making of an instrument under subsection (3) in the Gazette. Note 1: A consultant to the Commission is not qualified to stand for election, or to be elected, as a member for a Regional Council ward (see paragraph 102(1)(c)). Note 2: The Commission may declare that a Regional Councillor has become a consultant to the Commission. The Regional Councillor is taken to have resigned from the Regional Council on the date of the declaration (see subsections 121(3) and (4)).". Annual report and financial statements 58. Section 72 of the Principal Act is amended by omitting from subsection (7) "corporate plan" and substituting "instrument referred to in subsection 56(3)". Application of amendments 59. The amendments of sections 11, 56 and 72 of the Principal Act made by this Part apply to consultants engaged after the commencement of this section. PART 21—AMENDMENTS RELATING TO DRAFT BUDGETS Form of estimates 60. Section 62 of the Principal Act is amended by omitting from subsection (1) "subsections 63(4) and (5)" and substituting "subsection 63(4)". Commission to prepare draft budget 61. Section 63 of the Principal Act is amended: (a) by omitting from paragraph (3)(b) "subsections (4) and (5)" and substituting "subsection (4)"; (b) by omitting paragraphs (4)(b) to (k) (inclusive) and substituting the following paragraphs: "(b) Aboriginal Hostels Limited (c) additional capital for the Corporation; (d) administrative expenses of the Commission and Regional Councils; (e) Community Development Employment Projects (other than amounts that may be allocated by Regional Councils in respect of those projects); (f) programs appropriately conducted on a national basis; (g) any other heading approved by the Minister."; (c) by omitting subsection (5) and substituting the following subsection: "(5) For the purposes of subparagraph (1)(b)(i), a draft budget must subdivide a share into the following components: (a) amounts in respect of wages for participants in Community Development Employment Projects; (b) amounts in respect of other expenditure under Community Development Employment Projects; (c) amounts that the Commission requires the Regional Council to apply to specified purposes; (d) amounts not covered by the components mentioned in paragraph (a), (b) or (c).". Regional Councils to prepare draft budgets 62. Section 97 of the Principal Act is amended: (a) by omitting subsection (3) and substituting the following subsection: "(3) A draft budget for a Regional Council for a financial year must set out the proposed allocation in accordance with subsection (4) of each of the components referred to in subsection 63(5) of the amount specified under subparagraph 63(1)(b)(i) in the regional statement for the region for that financial year."; (b) by omitting paragraphs (a) and (b) of the definition of "program" in subsection (5) and substituting the following paragraph: "(a) a program of a kind to which amounts could be allocated under a paragraph of subsection 63(4) (other than paragraph 63(4)(a)); or"; (c) by omitting paragraph (c) of that definition and substituting the following paragraph: "(c) any other program declared by the Commission to be excluded from the scope of Reg