2014

THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

ABORIGINAL AND TORRES STRAIT ISLANDER ELECTED BODY AMENDMENT BILL 2014

EXPLANATORY STATEMENT

Presented by
Shane Rattenbury MLA
Minister for Aboriginal and Torres Strait Islander Affairs

Aboriginal and Torres Strait Islander Elected Body Amendment Bill 2014
Introduction and Outline

The Aboriginal and Torres Strait Islander Elected Body Act (ACT) 2008 was tabled in the ACT Legislative Assembly on 14 May 2008. This Explanatory Statement relates to the Aboriginal and Torres Strait Islander Elected Body Amendment Bill 2014 (the Bill) as presented in the Legislative Assembly

The purpose of this Bill is to make minor amendments to the Aboriginal and Torres Strait Islander Elected Body Act 2008 (the Act) that will allow the Aboriginal and Torres Strait Islander Elected Body election polling to commence on the first day of NAIDOC celebrations in the ACT. In an effort to reduce overregulation and the potential need to amend the Act again in the future the Bill also allows the Minister the necessary authority to identifying the day of the ATSIEB elections and the commencement of polling via a Notifiable Instrument.

The Bill also makes a number of technical changes including changing the election table to be in chronological order rather than alphabetical. 
Amendments

Clause 1	Name of the Act 
This is a technical clause and sets out the name of the new Act as the Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014.

Clause 2 	Commencement 
This clause enables the new Act to commence on a day after its notification day.

Clause 3 	Legislation amended 
This clause identifies the Act to be amended is the Aboriginal and Torres Strait Islander Elected Body Act 2008.

Clause 4 	Definitions—pt 3
Section 28, definitions
This is a technical clause which removes current definitions that are subsequently replaced in the dictionary in clauses 8 through 10.

Clause 5	Timetable for ATSIEB elections
Table 29
This modifies the table to define the dates for the election, removing all references to months and all timeframes working back or forward of the polling start date. The Election will always commence on a Monday and polling on a Saturday.

Clause 6 	New section 29A
This clause allows the Minister to set the polling start day with the insertion of an additional clause (29A). If there is a need to amend the Act in the near future, it provides the Minister with the necessary authority to set the polling start day of the Elected Body elections and the commencement of polling each year an election is held via a Notifiable Instrument. The election will always be three years after the last election.

Clause 7 	Modifications of Electoral Act as applied to ATSIEB
elections
Schedule 1, modification 1.4, section 80 (1A) (a)
omit
Wednesday in April
substitute
Monday

This allows the roll for an ATSIEB election to be closed on a Monday rather than the Wednesday to ensure that it is 12 days before the polling start day.

Clause 8	Dictionary, definition of hour of nomination
This clause defines the meaning of hour of nomination. 

Clause 9	Dictionary, definition of nomination close day
This clause defines the meaning of nomination close day. 

Clause 10	Dictionary, definition of nominee
This clause defines the meaning of nominee.

Clause 11	Dictionary, definition of pre-election period
This clause defines the meaning of pre-election period.