Community Services (Torres Strait) Act 1984

Queensland Community Services (Torres Strait) Act 1984 Reprinted as in force on 21 July 2006 Reprint No. 5B revised edition Cross-references in this reprint to the Police Powers and Responsibilities Act 2000 are cross-references to that Act as renumbered in reprint 5 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2007 Act No. 59 s 150

Information about this reprint This Act is reprinted as at 21 July 2006. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Community Services (Torres Strait) Act 1984 Contents Part 1 1 2 3 4 5 Part 2 6 7 8 9 10 11 12 Part 3 Division 1 13 14 15 16 17 18 19 Division 2 20 21 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Meaning of conclusion of election for Island council . . . . . . . . . . 13 Administration Responsible officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Corporation may function for purposes of this Act . . . . . . . . . . . . 14 Agents of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Power of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Visiting justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Official inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Annual report on administration . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Intervention by the State Powers of intervention Procedures before exercise of certain powers . . . . . . . . . . . . . . . 17 Revocation and suspension of resolutions and orders. . . . . . . . . 18 Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . 18 Overruling by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . 19 Dissolution of Island council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Abolition of joint Island council and its area . . . . . . . . . . . . . . . . . 20 Administrators When administrator may be appointed. . . . . . . . . . . . . . . . . . . . . 21 Jurisdiction, powers and duties of administrator. . . . . . . . . . . . . . 21

22 23 24 25 26 27 28 29 30 Division 3 31 32 33 34 35 36 Part 4 Division 1 37 38 39 40 41 42 43 44 45 46 47 Division 2 48 49 50 51 52 2 Community Services (Torres Strait) Act 1984 Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee to help administrator . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment as administrator or member of committee .................................. Recovery of amounts from Island councils. . . . . . . . . . . . . . . . . . Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision by Minister on referral by administrator . . . . . . . . . . . . . Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of administrator’s appointment . . . . . . . . . . . . . . . . . Termination of appointment of committee member etc. . . . . . . . . Financial controller Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . Power of financial controller to revoke and suspend resolutions and orders ................................... Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . Financial controller’s employment conditions . . . . . . . . . . . . . . . . Recovery of amounts from Island councils. . . . . . . . . . . . . . . . . . Termination of financial controller’s appointment . . . . . . . . . . . . . Local government of areas Island councils Declaration of council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island council required for each council area . . . . . . . . . . . . . . . . Implementation of council area . . . . . . . . . . . . . . . . . . . . . . . . . . Incorporation of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . Tenure of office of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times for election of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . Voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationship of council area to local government area. . . . . . . . . Functions of Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of council to lend an amount to an adult resident . . . . . . . Disclosure of interests at meetings . . . . . . . . . . . . . . . . . . . . . . . Financial operations of Island councils Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . Island rate and other charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual budget to be prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 22 22 23 23 23 24 24 25 25 26 26 26 27 27 27 27 28 29 29 29 30 31 33 34 34 35 35 35 36

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Division 3 71 72 73 74 75 76 77 Division 4 78 79 80 81 Division 5 82 83 Part 5 Division 1 84 3 Community Services (Torres Strait) Act 1984 Framing of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unexpended votes to lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions in respect of loan repayments. . . . . . . . . . . . . . . . . . . Illegal expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special accounting provision for particular payments . . . . . . . . . Preparation of financial statements . . . . . . . . . . . . . . . . . . . . . . . Certification of annual financial statements . . . . . . . . . . . . . . . . . Auditor-general to audit accounts of council. . . . . . . . . . . . . . . . . Auditor-general to certify annual financial statements . . . . . . . . . Presentation of annual financial statements. . . . . . . . . . . . . . . . . Access to accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require furnishing of information and the like . . . . . . . . General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Island councils are statutory bodies . . . . . . . . . . . . . . . . . . . . . . . Chief executive may require information from Island council . . . . Law and order in areas Jurisdiction and powers of police . . . . . . . . . . . . . . . . . . . . . . . . . Entry upon council areas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to council areas of laws relating to public places . . . . Island police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discharge of Island police officers’ functions etc.. . . . . . . . . . . . . Other functions of Island police officers . . . . . . . . . . . . . . . . . . . . Indemnification of Island police officer for liability for tort . . . . . . . Determination of matters of complaint in areas Island Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of Island Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right of appeal against conviction . . . . . . . . . . . . . . . . . . . . . . . . Authorised officers Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers of authorised officers . . . . . . . . . . . . . . . . . . . . . Community justice groups Establishment, functions and powers Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 37 37 37 37 38 38 39 39 39 40 41 41 42 42 42 43 43 44 44 44 45 46 46 46 47 48 48 49 49 51

85 Division 2 86 87 88 Division 3 89 90 91 Part 6 Division 1 92 93 Division 2 94 95 96 97 98 99 Division 3 100 101 102 103 Division 4 104 105 106 107 108 109 110 4 Community Services (Torres Strait) Act 1984 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about membership of groups and group coordinators Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of members from civil liability . . . . . . . . . . . . . . . . . . . Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of possession and consumption of alcohol in council areas Preliminary Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dry places Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objections and supporting submissions. . . . . . . . . . . . . . . . . . . . Notice about declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of declaration of dry place . . . . . . . . . . . . . . . . . . . . . . . . . Offences relating to community justice groups and dry places Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Possession or consumption of alcohol in or on dry place. . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals relating to dry places Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . Effect of Magistrates Court’s decision . . . . . . . . . . . . . . . . . . . . . Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 52 52 53 54 54 54 55 55 57 58 58 59 60 61 61 61 62 62 62 63 63 63 64 64 64

Division 5 110A 110B Division 6 111 Part 7 Division 1 112 Division 2 113 114 Division 3 115 116 117 118 119 120 121 122 123 124 Division 4 125 126 127 128 129 130 131 132 Division 5 133 5 Community Services (Torres Strait) Act 1984 Provisions relating to homemade alcohol in certain council areas Offences relating to homemade alcohol . . . . . . . . . . . . . . . . . . . . Relationship with restricted areas . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provision Making applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about making by-laws and subordinate by-laws Preliminary Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publishing model by-laws and power to make subordinate by-laws Minister may publish model by-laws . . . . . . . . . . . . . . . . . . . . . . . Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . Process for making by-laws By-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2—ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3—consultation about proposed by-law . . . . . . . . . . . . . . . . Step 4—give access to proposed by-law . . . . . . . . . . . . . . . . . . . Step 5—accept and consider all submissions . . . . . . . . . . . . . . . Step 6—decide whether to proceed with making proposed by-law ...................................... Step 7—again ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 8—make proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . Step 9—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . Process for making subordinate by-laws Subordinate by-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . Step 2—consultation about proposed subordinate by-law . . . . . . Step 3—give access to proposed subordinate by-law . . . . . . . . . Step 4—accept and consider all submissions . . . . . . . . . . . . . . . Step 5—make proposed subordinate by-law . . . . . . . . . . . . . . . . Step 6—give public notice of subordinate by-law . . . . . . . . . . . . . Early start for subordinate by-law making process. . . . . . . . . . . . Commencement and status of by-laws and subordinate by-laws Commencement of by-laws and subordinate by-laws . . . . . . . . . 64 65 65 66 67 67 67 68 68 69 70 71 71 71 72 73 74 74 74 76 76 76 76 77 78

134 135 136 137 138 Part 8 139 140 141 142 143 144 145 146 147 148 Part 9 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 6 Community Services (Torres Strait) Act 1984 Effect of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . When subordinate by-laws cease to have effect . . . . . . . . . . . . . Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . By-law and subordinate by-law presumed to be within power . . . Island Coordinating Council Continuation and incorporation of Island Coordinating Council . . Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings of council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Divisions of Torres Strait. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selection of members of the executive committee . . . . . . . . . . . . Casual vacancy in office of selected member . . . . . . . . . . . . . . . Particular functions of council. . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget of Island Coordinating Council . . . . . . . . . . . . . . . . . . . . . Declaration that Island Coordinating Council is statutory body . . Island Industries Board The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposal of persons by Island Coordinating Council . . . . . . . . . . Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers and employees of board . . . . . . . . . . . . . . . . . . . . . . . . . Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Profits of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 78 79 79 79 80 80 81 83 83 83 84 84 84 84 84 85 85 86 86 87 87 87 88 88 88 88 89 89 90 90 91 91 93 93

169 170 171 172 Part 10 173 174 175 176 177 178 Part 11 179 180 181 182 183 Part 12 184 185 186 187 188 189 190 190A 190B 191 192 Part 13 193 194 7 Community Services (Torres Strait) Act 1984 Audit of board’s accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report by board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrator may replace board members . . . . . . . . . . . . . . . . . Relinquishment of board’s assets to local control . . . . . . . . . . . . Entry upon areas Entry upon public parts of areas . . . . . . . . . . . . . . . . . . . . . . . . . General authority to be in area. . . . . . . . . . . . . . . . . . . . . . . . . . . Entry upon and temporary stay in areas . . . . . . . . . . . . . . . . . . . Power of Island council to regulate presence in area . . . . . . . . . . Excluded person entitled to reason . . . . . . . . . . . . . . . . . . . . . . . Power of Island council to eject . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance sought by Islanders Grant of aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deposit of savings with banker. . . . . . . . . . . . . . . . . . . . . . . . . . . Continuation of management of money . . . . . . . . . . . . . . . . . . . . Banker is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration of Islanders’ estates . . . . . . . . . . . . . . . . . . . . . . . General provisions Islanders’ right to certain natural resources . . . . . . . . . . . . . . . . . Islanders’ right to certain forest products and quarry material—Torres Strait Islander land . . . . . . . . . . . . . . . . . . . . . . Islanders’ right to certain forest products and quarry material—non-Torres Strait Islander land . . . . . . . . . . . . . . . . . . . Obstruction, intimidation and assault . . . . . . . . . . . . . . . . . . . . . . General penalty for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates Court not to have jurisdiction for certain offences. . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of home-brew concentrate by label. . . . . . . . . . . . . . . . Evidence of homemade alcohol having regard to belief of police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance to and review of Island councils Assistance to Island councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of churches etc. for provision of assistance . . . . . . . . . . . . . 93 94 94 95 95 96 96 97 98 98 99 99 100 101 101 102 102 102 103 103 103 104 105 105 106 106 109 109

8 Community Services (Torres Strait) Act 1984 Part 14 Division 1 195 Division 2 196 Division 3 197 Part 15 198 Transitional provisions Transitional provision for Community Services Legislation Amendment Act 1999 Transitional provision for council areas. . . . . . . . . . . . . . . . . . . . . Transitional provision for Community Services Legislation Amendment Act 2001 Existing members of the board to go out of office . . . . . . . . . . . . Transitional provision for Community Services Legislation Amendment Act 2002 Transitional provision for process for making by-laws. . . . . . . . . . Validating provisions Validation of particular rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 111 112 112 Endnotes 1 2 3 4 5 6 7 8 9 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 113 114 114 115 115 118 131 136

s1 9 s3 Community Services (Torres Strait) Act 1984 Community Services (Torres Strait) Act 1984 [as amended by all amendments that commenced on or before 21 July 2006] An Act to provide for support, administrative services and assistance for communities resident in Torres Strait or deemed so to be and for management of lands for use by those communities and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Community Services (Torres Strait) Act 1984 . 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), this Act shall commence on 31 May 1984 or on such earlier date as is appointed by proclamation. (3) The date on which this Act, other than sections 1 and 2, commences as prescribed is in this Act referred to as the commencement of this Act . 3 Savings (1) An area that at the commencement of this Act is a reserve within the meaning of the Torres Strait Islanders Act 1971 shall continue as a trust area for the purposes of this Act.

s 4 10 s 4 Community Services (Torres Strait) Act 1984 (2) A community for Islanders that exists at the commencement of this Act shall continue to be a community for Islanders for the purposes of this Act. (3) The community of Islanders resident at Bamaga shall be deemed for the purposes of this Act to be resident in the Torres Strait. (4) Every by-law, resolution or order lawfully made by an Island council before the commencement of this Act that subsists at such commencement shall continue to have force and effect as if it had been made pursuant to this Act. (5) Every order and decision made by an Island Court before the commencement of this Act that is operative at such commencement shall continue to be operative as if it had been made by that court constituted pursuant to this Act. (6) A person who at the commencement of this Act holds an appointment for the purposes of the Torres Strait Islanders Act 1971 shall, subject to the conditions of the person’s appointment, continue to hold the appointment for the purposes of this Act, if the appointment is material to the purposes of this Act. (7) A management of property of a person that was undertaken when the person was an assisted Islander within the meaning of the Aborigines’ and Torres Strait Islanders’ Affairs Act 1965 and that is maintained at the commencement of this Act shall be deemed to be a management of property under this Act and, unless it is terminated in accordance with this Act, shall be maintained in accordance with this Act. (8) A management of property of an Islander that is maintained at the commencement of this Act shall continue to be maintained in accordance with this Act unless it is terminated in accordance with this Act. 4 Definitions In this Act— advertised proposed by-law , for part 7, see section 121(a).

s 4 11 s 4 Community Services (Torres Strait) Act 1984 alcohol has the same meaning as liquor in the Liquor Act 1992 . 1 amended proposed by-law for part 7, see section 121(b). appealable decision , for part 6, see section 93. approved form means a form approved under section 191. by-laws , in relation to an Island council, includes— (a) by-laws made by the council as the authority charged with the functions of local government of an area; and (b) by-laws made by the council as trustee of an area by reason of the land comprising the area having been granted in trust or reserved and set apart by the Governor in Council under the provisions of law relating to Crown lands and vested in or placed under the control of the council. canteen see the Indigenous Communities Liquor Licences Act 2002 , schedule. certified copy , for part 7, see section 112. closing day for objections and submissions , for part 6, see section 95(2). community justice group means a community justice group established under part 5 for a council area. consultation period , for part 7, see section 118(1) or 127(1). coordinator , for a community justice group, means the person appointed under section 88 by the group to perform the functions of coordinator for the group. 1 The Liquor Act 1992 , section 4B— 4B Meaning of liquor (1) Liquor is a spiritous or fermented fluid of an intoxicating nature intended for human consumption. (2) Liquor also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5mL/L (0.5%) at 20ºC. (3) However, liquor does not include a fluid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.

s 4 12 s 4 Community Services (Torres Strait) Act 1984 corporation means the corporation sole preserved, continued in existence and constituted under the Aboriginal Communities (Justice and Land Matters) Act 1984 by the name and style Aboriginal and Islander Affairs Corporation. council area means a part of the State declared to be a council area under section 37. drafting certificate , for part 7, see section 112. dry place , for part 6, see section 93. entity , for part 6, see section 93. fermenter , for part 6, see section 93. home-brew concentrate , for part 6, see section 93. home-brew kit , for part 6, see section 93. homemade alcohol , for part 6, see section 93. Island Council Accounting Standards see section 48(1). Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands. Island police officer means a person appointed under section 74 as an Island police officer for a council area. liquor provisions means— (a) section 101; and (b) the Liquor Act 1992 , sections 168B, 169 and 171. 2 member , for parts 5 and 6, means a member of a community justice group. model by-law , for part 7, see section 112(1). non-Torres Strait Islander land means land that is not Torres Strait Islander land. notional GST means amounts an Island council may pay under the GST and Related Matters Act 2000 , section 5. 3 2 Section 101 (Possession or consumption of alcohol in or on dry place) and the Liquor Act 1992 , sections 168B (Prohibition on possession of liquor in restricted area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for sale) 3 GST and Related Matters Act 2000 , section 5 (Voluntary GST equivalent payments)

s 5 13 s 5 Community Services (Torres Strait) Act 1984 police officer in charge , for a council area, means the police officer in charge of the police station in the area or, if there is no police station in the area, the police officer in charge of the nearest police station. possess , for part 6, see section 93. prescribed council area , for part 6, see section 93. private place , for part 6, see section 93. proposed authorising law , for part 7, see section 132(1). proposed by-law , for part 7, see section 116(1) or (2). public place , for part 6, see section 93. required number , for part 7, see section 112. State interest , for a by-law or subordinate by-law, a provision of a by-law or subordinate by-law, or a provision of a proposed by-law or subordinate by-law, means— (a) an interest that affects an economic, social or environmental interest of the State or a region; or (b) an interest in ensuring there is an efficient, effective and accountable system of local government in the council area to which the law relates; or (c) an interest prescribed under a regulation. subordinate by-law , for part 7, see section 114. Torres Strait Islander land has the meaning given by section 9 of the Torres Strait Islander Land Act 1991 . 5 Meaning of conclusion of election for Island council The conclusion of the election of a councillor is— (a) if the councillor is elected at an election of all councillors of the Island council—the day on which the last declaration of a poll conducted in the election is displayed as required under a regulation; or (b) if the councillor is elected at a by-election and— (i) a poll is conducted—the day on which the declaration of the poll is displayed as required under a regulation; or

s 6 14 s 8 Community Services (Torres Strait) Act 1984 (ii) a poll is not conducted—the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the council’s area—the day on which the last declaration of a poll is displayed as required under a regulation; or (ii) a poll is not conducted—6p.m. on the day that a poll would otherwise have been required under a regulation to be conducted. Part 2 Administration 6 Responsible officer The chief executive is the officer charged with the responsibility for the administration of this Act, subject to the Minister. 7 Corporation may function for purposes of this Act The corporation may exercise for the purposes of this Act all or any of the powers conferred on it by the Aboriginal Communities (Justice and Land Matters) Act 1984 in addition to the powers conferred on it by this Act. 8 Agents of department (1) The chief executive may make arrangements with any person holding an appointment under any Act, any officer of the public service, any person concerned in the local government of any area or any other person with a view to the person who from time to time holds an appointment specified in the arrangements at a place in Queensland specified in the

s 9 15 s 9 Community Services (Torres Strait) Act 1984 arrangements to be an agent of the department within an area described in the arrangements. (2) An arrangement made under subsection (1) may include a provision for the payment to the agent or to the person with whom the arrangement is made of an amount by way of remuneration for the agent’s services. (3) An agent of the department shall discharge such functions and duties and may exercise such powers as are imposed or conferred on the agent by this Act or as the chief executive from time to time requests of the agent. 9 Power of delegation (1) The Minister or chief executive may, either generally or otherwise as provided by the instrument of delegation, by writing delegate to any person all or any of his or her powers, functions and duties except this power of delegation or a function imposed on the Minister or chief executive pursuant to section 11(1). (2) A power, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms and limitations as the Minister or chief executive thinks fit including a requirement that the delegate shall report to the Minister or, as the case may be, chief executive upon the delegate’s exercise or performance of the delegated power, function or duty. (4) The Minister or chief executive may make such and so many delegations of the same power, function or duty and to such number of persons as the Minister or chief executive considers necessary or desirable. (5) A delegation is revocable at the will of the Minister or, as the case may be, chief executive and does not prevent the exercise of a power or the performance of a function or duty by the Minister or chief executive.

s 10 16 s 11 Community Services (Torres Strait) Act 1984 10 Visiting justices (1) The Governor in Council may appoint a justice to be a visiting justice to 1 or more council areas. (2) At least once in every period of 3 months the visiting justice shall visit every council area to which the person is visiting justice and shall— (a) investigate any complaints by Islanders resident in the area concerning the administration of the area; (b) inspect the record of punishments imposed on Islanders in the area by any Island Court that functions in the area; (c) if the visiting justice is a stipendiary magistrate, constitute a Magistrates Court there and hear and determine summarily complaints against Islanders in the area in cases where an Island Court does not exist in the area; (d) report to the chief executive as soon as is practicable after completion of the visit on— (i) administration of the area; and (ii) matters that in the visiting justice’s opinion affect the welfare of residents in the area; and (iii) such other matters as the chief executive requests. 11 Official inquiries (1) The Governor in Council may authorise any person to make and hold such inspections, investigations and inquiries for the purposes of this Act as the Governor in Council considers desirable and for the purposes of such an inspection, investigation or inquiry the person so authorised may exercise and shall have the powers, authorities, protection and jurisdiction of a commission under the Commissions of Inquiry Act 1950 and of a chairperson of such a commission except such as are by those Acts confined to a chairperson who is a judge of the Supreme Court, unless the person is such a judge. (2) A person who makes or holds an inspection, investigation or inquiry pursuant to subsection (1) shall, as soon as is

s 12 17 s 13 Community Services (Torres Strait) Act 1984 practicable after its completion, furnish a full report thereon to the Minister, who shall submit the report to the Governor in Council. 12 Annual report on administration (1) As soon as is practicable after 30 June in each year the chief executive shall furnish to the Minister a report on the administration of this Act during the preceding 12 months. (2) The Minister shall table each such report received by the Minister in the Legislative Assembly within 14 sitting days after the Minister has received it. Part 3 Intervention by the State Division 1 Powers of intervention 13 Procedures before exercise of certain powers (1) Before the Governor in Council or Minister exercises a power under this division in relation to an Island council, the Minister must give written notice of the proposed exercise of the power to the council. (2) However, notice need not be given if— (a) the power is proposed to be exercised at the Island council’s request; or (b) the Minister considers giving notice— (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the reasons for the proposed exercise of power; and

s 14 18 s 15 Community Services (Torres Strait) Act 1984 (b) a period within which the Island council may make submissions to the Minister about the proposed exercise of power. (4) Reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the Island council within the stated period. (6) The power may be exercised without further notice to the Island council if— (a) the proposed exercise of power is to proceed despite the council’s submissions; or (b) no submissions of the council are received by the Minister within the stated period. 14 Revocation and suspension of resolutions and orders (1) The Governor in Council may, by regulation— (a) revoke, or suspend the operation of, a resolution of an Island council or an order issued by an Island council to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) However, the Governor in Council may make a regulation revoking, or suspending the operation of, a resolution or order of an Island council only if the Minister is satisfied, on reasonable grounds, that— (a) the resolution or order is unlawful; or (b) the resolution or order was made for an improper purpose. (3) The suspension may be for a stated period or indefinite. 15 Effect of revocation or suspension (1) A resolution or order of an Island council that is revoked by regulation—

s 16 19 s 17 Community Services (Torres Strait) Act 1984 (a) ceases to have effect on the day stated by the regulation; or (b) if no day is stated—is taken never to have had effect. (2) A resolution or order of an Island council whose operation is suspended by a regulation does not have effect while it is suspended. (3) The State is not legally liable for any loss or expense incurred by a person because of the revocation or suspension by regulation of an Island council’s resolution or order. 16 Overruling by-laws (1) The Governor in Council may, by regulation, declare that a by-law, or a provision of a by-law, ceases to have effect, if the Governor in Council considers that it is necessary to make the declaration to protect State interests. (2) The Governor in Council may, by regulation, later declare that the by-law or provision again has effect, if the Governor in Council considers that it is no longer necessary for the declaration under subsection (1) to continue to have effect to protect State interests. 17 Appointment of financial controller The Governor in Council may, by regulation, appoint a financial controller for an Island council if the Minister is satisfied that the council— (a) has made a disbursement from a fund that is not provided for in the council’s budget; or (b) has made a disbursement from grant moneys for a purpose other than the purpose for which the grant was given; or (c) has contravened a provision of part 4, division 2 4 relating to its budget or another financial matter; or 4 Part 4 (Local government of areas), division 2 (Financial operations of Island councils)

s 18 20 s 19 Community Services (Torres Strait) Act 1984 (d) has failed to implement adequate financial management strategies for the funds under its control; or (e) has acted, or is about to act, in a way that— (i) caused, or may cause, a significant deterioration in its financial viability; or (ii) will or may cause it to become insolvent. 18 Dissolution of Island council (1) The Governor in Council may, by regulation, dissolve an Island council if the Minister is satisfied that the council— (a) has acted unlawfully or corruptly; or (b) has acted in a way that puts at risk its capacity to exercise properly its jurisdiction of local government; or (c) is incompetent or can not properly exercise its jurisdiction of local government. (2) Subsection (1) is subject to the Constitution of Queensland 2001 , chapter 7, part 2. 5 (3) On dissolution of the Island council— (a) its councillors go out of office; and (b) an administrator must be appointed; and (c) the council continues in existence as a body corporate and is constituted by the administrator. 6 19 Abolition of joint Island council and its area (1) The Governor in Council may, by regulation, abolish a joint Island council and its area. (2) A regulation may provide for— (a) the apportionment of the joint Island council’s assets and liabilities among its component councils; and 5 Constitution of Queensland 2001 , chapter 7 (Local government), part 2 (Procedure limiting dissolution of local government and interim arrangement) 6 For timing of fresh election see section 29(2).

s 20 21 s 22 Community Services (Torres Strait) Act 1984 (b) any other matter for which it is necessary or convenient to make provision on the dissolution of the joint Island council. 7 Division 2 Administrators 20 When administrator may be appointed If an Island council is dissolved under section 18, the Governor in Council must, by gazette notice, appoint a person as administrator of the council. 21 Jurisdiction, powers and duties of administrator (1) The administrator of an Island council has all the jurisdiction, powers and duties of the council concerned. (2) However— (a) a regulation may limit the jurisdiction, powers and duties of the administrator; and (b) the administrator does not have a duty of an Island council appropriate only to a body of persons. (3) If the chairperson of an Island council is required or permitted by law to exercise a power, the administrator is required or permitted to exercise the power instead of the chairperson. (4) This Act and other Acts apply to the administrator, with all necessary changes, as if the administrator were the Island council. 22 Title of administrator For the purpose of exercising its jurisdiction of local government, the title of an administrator is ‘Administrator of the (name of the Island council)’. 7 The Local Government Act 1993 , section 13 provides for the application of certain provisions of the Local Government Act to Island councils. In particular, section 13(2) provides that the provisions of chapter 2, part 2 about joint local governments apply to Island councils.

s 23 22 s 25 Community Services (Torres Strait) Act 1984 23 Committee to help administrator (1) When an administrator is appointed, the Minister may appoint a committee of persons to help the administrator in exercising the jurisdiction of local government of the Island council concerned. (2) A person may be appointed as a member of a committee for a limited time or indefinitely. (3) The administrator is chairperson of the committee and must preside at every meeting of the committee at which the administrator is present. (4) If, because of absence or incapacity, the administrator can not perform the functions of chairperson of the committee, the other members of the committee must appoint a member to act as chairperson at meetings of the committee until the administrator is able to perform the functions. 24 Conditions of appointment as administrator or member of committee (1) An administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council. (2) The fees, allowances and expenses are payable by the Island council concerned. (3) A public service officer who is appointed as an administrator or as a member of a committee may hold the appointment as well as the public service office. 25 Recovery of amounts from Island councils (1) The Governor in Council may direct an Island council for which an administrator is appointed to pay to the Minister an amount stated in the direction as the costs and expenses of the administrator. (2) The stated amount may include salary and allowances payable to a public service officer who is appointed as administrator or a member of a committee.

s 26 23 s 28 Community Services (Torres Strait) Act 1984 (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. 26 Role of committee (1) An administrator appointed for an Island council must ensure that every decision of the committee about the exercise of the jurisdiction of local government for the council’s area is implemented as soon as is practicable after the committee’s decision is taken. (2) However, if the administrator considers that implementing a decision of the committee would not be in the best interests of the area, the administrator must refer the issue to the Minister for decision. (3) The referral must be made within 14 days after the administrator becomes aware of the committee’s decision. 27 Decision by Minister on referral by administrator (1) If an issue is referred to the Minister by an administrator under section 26(2), the Minister may cause the chief executive of the department to make the inquiries, investigations and inspections that the Minister considers appropriate. (2) The Minister’s decision on the issue is taken to be the decision of the committee and is final and binding on the administrator and the committee. (3) The administrator must ensure the Minister’s decision is implemented as quickly as practicable. 28 Procedures of committee (1) A relevant provision applies to a committee appointed to help an administrator as if— (a) the committee were an Island council; and (b) the administrator, or person acting as chairperson of the committee, were the chairperson of the council.

s 29 24 s 30 Community Services (Torres Strait) Act 1984 (2) In this section— relevant provision means a provision of this Act, or a provision of a regulation made under this Act, that deals with any of the following matters for an Island council— (a) the times of its meetings; (b) the quorum at its meetings; (c) notice of its meetings; (d) adjournment of its meetings; (e) entitlements of members to vote at its meetings; (f) disability of a member to vote because of a pecuniary interest in a matter; (g) registers of pecuniary interests disclosures; (h) minutes of its proceedings; (i) revocation or amendment of its resolutions; (j) a matter prescribed under a regulation. 29 Termination of administrator’s appointment (1) The appointment of an administrator— (a) may be terminated by the Governor in Council for any reason; or (b) ceases on the conclusion of a fresh election of the councillors of the Island council concerned. (2) It is the intention of the Parliament that a fresh election of the councillors of the Island council should be held as soon as possible after the appointment of an administrator for the council. 30 Termination of appointment of committee member etc. (1) The appointment of all members or any member of a committee to help an administrator may be terminated by the Minister, for any reason, by written notice signed by the Minister and given to the members or member.

s 31 25 s 32 Community Services (Torres Strait) Act 1984 (2) A committee appointed to help an administrator ceases to exist on the conclusion of a fresh election of councillors of the Island council concerned. Division 3 Financial controller 31 Functions of financial controller (1) A financial controller appointed for an Island council is responsible for ensuring the council adheres to its budget. (2) Also, the financial controller— (a) may give advice about financial management to the Island council; and (b) may undertake other administrative duties requested by the Island council; and (c) must undertake other administrative duties directed by the Minister. 32 Power of financial controller to revoke and suspend resolutions and orders (1) A financial controller for an Island council may, by written notice to the council’s clerk— (a) revoke, or suspend the operation of, a resolution of the council or an order issued by a council to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) However, the financial controller may revoke or suspend a resolution or order under subsection (1) only if the financial controller reasonably believes— (a) the resolution or order will result in unlawful expenditure by the Island council; or (b) the resolution or order will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or

s 33 26 s 35 Community Services (Torres Strait) Act 1984 (c) the resolution or order will cause the council to become insolvent. (3) The notice must state the reasons for the revocation or suspension. (4) The suspension may be for a stated period or indefinite. 33 Effect of revocation or suspension (1) A resolution or order of an Island council that is revoked under section 32— (a) ceases to have effect on the day stated in the notice to the council’s clerk; or (b) if no day is stated—is taken never to have had effect. (2) A resolution or order of an Island council whose operation is suspended under section 32 does not have effect while it is suspended. (3) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the revocation or suspension of an Island council’s resolution or order under section 32. 34 Financial controller’s employment conditions A financial controller for an Island council is to be employed under the Public Service Act 1996 . 35 Recovery of amounts from Island councils (1) The Governor in Council may direct an Island council for which a financial controller is appointed to pay to the Minister an amount stated in the direction as the costs and expenses of the financial controller. (2) The stated amount may include salary and allowances payable to the financial controller as a public service officer. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State.

s 36 27 s 39 Community Services (Torres Strait) Act 1984 36 Termination of financial controller’s appointment The appointment of a financial controller may be terminated by the Governor in Council for any reason. Part 4 Local government of areas Division 1 Island councils 37 Declaration of council areas (1) A regulation may declare a part of the State to be a council area. (2) However, a regulation may not— (a) declare more than 1 council area for a part of the State; or (b) declare a council area for a part of the State that is, or is included in— (i) a local government area under the Local Government Act 1993 ; or (ii) the area of the City of Brisbane under the City of Brisbane Act 1924 . 38 Island council required for each council area There must be an Island council for each council area. 39 Implementation of council area (1) A regulation may provide for the implementation of a council area. (2) Without limiting subsection (1), the regulation may provide for— (a) holding an election for an Island council for the council area, including, for example, the date of the election and

s 40 28 s 40 Community Services (Torres Strait) Act 1984 payment of the cost of the returning officer and election; and (b) the appointment of an interim council clerk for the Island council; and (c) notice of the day the council area starts; and (d) payment of the expenses incurred by the appointment, or administrative activities, of the interim council clerk; and (e) the adoption of a budget for the Island council for the period from changeover day until the following 30 June; and (f) any other matter for which it is necessary or convenient to provide for the implementation of the council area. (3) If the election for the Island council concludes less than 18 months before the next triennial elections for Island councils are held the next triennial election is not required to be held for the area. 40 Incorporation of Island councils (1) Every Island council existing at the commencement of this Act is preserved, continued in being and constituted as a body corporate and shall continue as such until it is dissolved as prescribed. (2) Every Island council established after the commencement of this Act shall upon its establishment be a body corporate and shall continue as such until it is dissolved as prescribed. (3) A body corporate referred to in subsection (1) or (2) shall have perpetual succession and an official seal which shall be judicially noticed and shall, under its name, being (name of the council area) Island council, be capable in law of suing and being sued, of acquiring, holding (absolutely or subject to trusts), letting, leasing, hiring, disposing of and otherwise dealing with property real and personal and of doing and suffering all such acts and things as bodies corporate may in law do and suffer.

s 41 29 s 43 Community Services (Torres Strait) Act 1984 (4) The persons who at the commencement of this Act comprise an Island council shall continue in office until their successors are appointed as prescribed. 41 Tenure of office of councillors Subject to this Act, every member of an Island council shall hold office for 4 years commencing on the day of the member’s election as a member and terminating at the conclusion of the next quadrennial election of members of the council. 42 Times for election of councillors (1) In each council area a quadrennial election of members of the Island council established for the area and existing for the time being shall be held. (2) Every quadrennial election held pursuant to subsection (1) shall be held on the date on which are held the quadrennial elections for the purpose of reconstituting local governments pursuant to the Local Government Act 1993 . (3) The first constitution of an Island council shall be by means of an election therefor held on a date appointed for the purpose by the Governor in Council or, if there be no such date appointed, on the date on which are held the quadrennial elections for the purpose of reconstituting local governments pursuant to the Local Government Act 1993 . 43 Voters roll For the purpose of every quadrennial election for an Island council and, if necessary, for any other election for the council held pursuant to this Act there shall be compiled a voters roll, which shall be in accordance with the provisions relating to voters rolls of the Local Government Act 1993 or, if the regulations prescribe with respect to voters rolls, with the provisions of the regulations.

s 44 30 s 44 Community Services (Torres Strait) Act 1984 44 Relationship of council area to local government area (1) Notwithstanding any provision of the Local Government Act 1993 — (a) land within a council area is not rateable land for the purposes of that Act; (b) a person whose name is properly on a voters roll for the purpose of an election of an Island council— (i) shall not be entitled to vote at an election of the local government of the area within the meaning of the Local Government Act 1993 of which the area of the Island council forms a part or at an election to fill any vacancy on that local government; (ii) is not qualified to be enrolled on the voters roll for the purpose of an election such as is referred to in subparagraph (i); (c) the returning officer, for the purpose of an election such as is referred to in paragraph (b)(i), is authorised to make such eliminations from and corrections of any electoral roll in use for the purpose of the election as are necessary to give effect to paragraph (b). (2) Upon the assumption by an Island council of the discharge of the functions of local government of an area that forms part of an area within the meaning of the Local Government Act 1993 — (a) the local government of that area shall cease to have delegated to it the functions of local government of the area affected by the assumption; and (b) the local laws of that local government shall cease to be of force and effect in the area affected by the assumption; for as long as the Island council continues to assume the discharge of the functions of local government of that area, without prejudice to the continued operation and effect of anything duly done pursuant to the local laws before they ceased to be of force and effect.

s 45 31 s 45 Community Services (Torres Strait) Act 1984 45 Functions of Island councils (1) An Island council has and may discharge the functions of local government of its council area and is hereby charged with the good rule and government thereof in accordance with the customs and practices of the Islanders concerned and for that purpose may make by-laws and enforce the observance of all by-laws lawfully made by it. (2) By-laws made by an Island council may adopt wholly or partly local laws made by any local government within the meaning of the Local Government Act 1993 or by any other Island council or other authority or the provisions of any Act or regulations made under any Act. (3) Without limiting the functions and powers of an Island council, a council may make by-laws for promoting, maintaining, regulating and controlling— (a) the peace, order, discipline, comfort, health, moral safety, convenience, food supply, housing and welfare of its council area; (b) the planning, development and embellishment of its council area; (c) the business and working of the local government of its council area. (4) Without limiting the functions and powers of an Island council, a council may make by-laws— (a) not inconsistent with part 6, for the purpose of regulating and controlling the possession or consumption of alcohol in its council area; or (b) conferring functions on the community justice group for its council area. (5) Matters with respect to which an Island council may exercise its powers and discharge its functions include— (a) the provision, construction, maintenance, management, and control of roads, bridges, viaducts, culverts, baths and bathing places; (b) the undertaking and execution of work in connection therewith;

s 45 32 s 45 Community Services (Torres Strait) Act 1984 (c) the regulation of the usage thereof; (d) health, sanitation, cleansing, scavenging and drainage, the removal, suppression and abatement of nuisances, public conveniences, water conservation, agricultural drainage, village planning, subdivision of land, the usage and occupation of land, building, the usage and occupation of buildings, protection from fire, boundaries and fences, disposal of the dead, the destruction of weeds and animals; (e) the lending of amounts to adult residents of its council area; (f) works, matters and things that, in its opinion, are necessary or conducive to the good rule and government of its council area or to the wellbeing of its inhabitants; (g) the doing of anything (other than the mere making available of information) that a local government within the meaning of the Local Government Act 1993 is required or authorised to do by any other Act, other than the Local Government Act 1993 . (6) Where any other Act, other than the Local Government Act 1993 , requires or authorises a local government within the meaning of the Local Government Act 1993 to do anything (other than the mere making available of information), then, for the purpose of applying that other Act in a council area, that other Act shall be so construed that— (a) the expression ‘local government’ therein shall be deemed to include the Island council established for the area; and (b) the Island council established for the area shall be the local government for the area to the exclusion of any local government within the meaning of the Local Government Act 1993 . (7) For the purpose of exercising its powers and discharging its functions, an Island council has the powers to carry on any business enterprise that the council believes can be profitably or effectually carried on. (8) The power conferred on an Island council to regulate or control includes power to license or permit or to refuse to

s 46 33 s 46 Community Services (Torres Strait) Act 1984 license or permit and to prohibit by by-law made in that behalf. (9) Fees, charges, fares, rents, and dues may be imposed by by-law or resolution of an Island council. (10) A by-law of an Island council may impose a penalty in respect of any breach thereof or of another by-law but any such penalty— (a) shall not exceed an amount equal to 20 penalty units; or (b) if it is expressed as a daily penalty—shall not exceed an amount equal to 1 penalty unit per day. (11) For the purposes of exercising its powers and discharging its functions an Island council may engage such servants and agents as it thinks fit. 46 Power of council to lend an amount to an adult resident (1) An Island council may lend an amount to an adult resident of its council area only if— (a) it does so under a lending policy adopted by it by resolution (an adopted lending policy ); and (b) the adopted lending policy has been approved by the Minister in writing given to the council. (2) The Minister must approve an adopted lending policy submitted to the Minister for approval unless the Minister is satisfied on reasonable grounds the policy does not comply with the Island Council Accounting Standards. (3) The Minister must decide whether or not to approve an adopted lending policy submitted to the Minister for approval as soon as practicable after receiving the policy and must advise the Island council, that submitted the policy, in writing of the decision. (4) If the Minister decides not to approve the adopted lending policy, the Minister’s advice must state how the policy does not comply with the Island Council Accounting Standards.

s 47 34 s 48 Community Services (Torres Strait) Act 1984 47 Disclosure of interests at meetings (1) A member of an Island council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the council must, as soon as possible after the relevant facts have come to the member of the council’s knowledge, disclose the nature of the interest at a meeting of the council. (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the council and the member of the council should not— (a) be present during any deliberation of the council with respect to that matter; or (b) take part in any decision of the council with respect to that matter. Division 2 Financial operations of Island councils 48 Issue of standards (1) The Minister may make accounting standards ( Island Council Accounting Standards ) about— (a) the policies and principles to be complied with by Island councils in financial management, including, for example, internal audit; and (b) the content of financial statements by Island councils; and (c) the policies to be complied with by Island councils in relation to the lending of amounts to adult residents of council areas; and (d) Island councils giving the Minister information on an annual basis about notional GST that may be paid by them; and (e) any other matter that is required or permitted to be prescribed by standard.

s 49 35 s 51 Community Services (Torres Strait) Act 1984 (2) Before making a standard, the Minister must— (a) consult with the auditor-general about the standard; and (b) have regard to relevant standards made by appropriate professional bodies. (3) The standards may include practice statements if the Minister considers a uniform standard of practice or procedure is necessary or desirable. (4) A standard about the content of a policy mentioned in subsection (1)(c) may include— (a) a model lending policy; or (b) model provisions of a lending policy. (5) A standard made under subsection (1) is subordinate legislation. 49 Standards must be complied with An Island council must comply with the Island Council Accounting Standards. 50 Island rate and other charges (1) An Island council may make and levy a rate upon such basis as is prescribed by by-law of the council. (2) An Island council may, by resolution, make and levy a charge on residents of residential premises in its council area. (3) However, the council may exempt a resident from payment of the charge. (4) Without limiting subsection (3), the council may give an exemption if another fee, charge, rent or due is payable in relation to the premises. 51 Annual budget to be prepared On or before the first ordinary meeting in the month of August in each year every Island council is to cause to be framed the budget for the current year commencing on 1 July in the form and manner prescribed.

s 52 36 s 53 Community Services (Torres Strait) Act 1984 52 Adoption of budget (1) Every budget is to be adopted by the Island council concerned on or before 31 August in the year for which the budget is framed, and the rates or charges or both to be made and levied by the Island council concerned for such year is to be founded thereon. (2) Every budget adopted by an Island council is to be open to inspection by persons resident in its council area. 53 Framing of budget (1) In framing its budget, the Island council is to estimate for the current year— (a) the amounts to be disbursed upon the several works, matters and things to which the general fund is applied; and (b) the amounts expected to be received from the general rate and all other moneys to be paid into the general fund. (2) The estimates of receipts are to be set out as nearly as may be separately in accordance with the several sources of receipts and disbursements and as nearly as may be in accordance with each particular function, and where receipts and disbursements are for corresponding functions, such receipts and disbursements are to be set out opposite each other in the budget. (3) The Island council is, subject to this Act, to observe the budget by taking all reasonable steps to expend moneys in accordance with the budget and to ensure a balanced budget. (4) If, at the end of a year, there is a surplus or deficit in the general fund, the surplus or deficit must be carried forward and taken into account by the Island council— (a) in framing the budget for the next year; and (b) in making and levying rates and charges for the next year.

s 54 37 s 58 Community Services (Torres Strait) Act 1984 54 Amendment of budget An Island council may amend its budget for a financial year at any time before the year ends. 55 Unexpended votes to lapse (1) At the close of each year terminating on 30 June all authorisations of expenditure and votes of money therefor shall lapse. (2) Any vote so lapsing may be revoted. (3) Any ordinary disbursement of an Island council in the months of July and August in any year is authorised and is to be included in the budget for that year. 56 Provisions in respect of loan repayments In framing its budget, an Island council is to make provision for interest and redemption of any loan liability incurred by that Island council. 57 Illegal expenditure If an Island council makes any disbursement in any year that has not been provided for in the budget for such year, except in emergent or extraordinary circumstances, all the members of the Island council who have knowingly voted for such expenditure shall be jointly and severally liable to repay to the Island council the amount involved in such illegal disbursement, and any such amount may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of any elector of the council area or any creditor of the Island council who, on recovery of the same, must pay the amount into the general fund of the Island council, but shall be personally entitled to full costs of suit, including costs as between solicitor and client. 58 Accounts (1) An Island council shall keep proper accounts to record the receipts and disbursements into and from each fund of the

s 59 38 s 60 Community Services (Torres Strait) Act 1984 council, including such accounts as may be directed by the Minister. (2) The chief executive or a person authorised by the chief executive is entitled to enter into and be in the council area and premises of an Island council, to inspect the records of accounts kept by that council and to make copies of or extracts from such records. (3) Upon the request of the chief executive or such authorised person, a person having custody of the records of accounts on behalf of an Island council shall produce the records in accordance with the request. 59 Special accounting provision for particular payments (1) An Island council must keep separate accounting records for payments made to it under the Indigenous Communities Liquor Licences Act 2002 , section 9. (2) The council must ensure the amounts paid to it are used only for— (a) funding programs or services for the benefit of residents of its council area; or (b) if an implementation regulation under the Indigenous Communities Liquor Licences Act 2002 , section 34, states this paragraph applies—for making a payment relating to the council’s liabilities stated in the regulation. 60 Preparation of financial statements Every Island council must, as soon as practicable after 30 June but before 31 August in each year, prepare in respect of the year ended on 30 June annual financial statements in a form as prescribed and submit such statements to the auditor appointed for that council pursuant to this Act.

s 61 39 s 63 Community Services (Torres Strait) Act 1984 61 Certification of annual financial statements The chairperson and the clerk of the Island council concerned must certify— (a) that the annual financial statements with other information and notes to and forming part thereof are in agreement with the accounts and records of the council; (b) whether in their opinion— (i) the prescribed requirements in respect of the establishment and keeping of accounts have been complied with in all material respects; and (ii) the statements have been drawn so as to present a true and fair view, on a basis consistent with that applied in the year last preceding, of the transactions of the council for the year and the financial position as at the close of that year. 62 Auditor-general to audit accounts of council (1) The accounts of every Island council are to be audited by the auditor-general who shall have, with respect to such audit and accounts, all the powers and authorities conferred on him or her by the Financial Administration and Audit Act 1977 . (2) The auditor-general may appoint a person who in the opinion of the auditor-general is appropriately qualified to perform the audit of any Island council that is required under this Act. (3) The auditor or auditors for an Island council are to be paid out of the general fund of the council such remuneration as the auditor-general may fix. (4) When an officer of the audit office is appointed to be the auditor for an Island council the amount fixed as his or her remuneration shall be paid by the Island council to the auditor-general. 63 Auditor-general to certify annual financial statements (1) The auditor-general is to certify on and in respect of the annual financial statements and may certify in respect of other

s 64 40 s 64 Community Services (Torres Strait) Act 1984 statements of account prepared on behalf of every Island council whether or not— (a) he or she has received all the information and explanation required by him or her; and (b) such statements are in the form required by the prescribed requirements and are in agreement with the accounts; and (c) in his or her opinion— (i) the requirements of this Act have been complied with in all material respects in respect of the establishment and keeping of accounts; and (ii) the statements have been drawn up so as to present a true and fair view, on a basis consistent with that applied in the year last preceding, of the transactions of the council for the year then ended and of the financial position as at the close of that year. (2) The auditor-general is to transmit the certified annual financial statements and other certified financial statements to the Island council concerned. 64 Presentation of annual financial statements (1) The annual financial statements of an Island council in respect of a particular year, as soon as practicable after certification by the auditor-general, must be— (a) reproduced in the same form and content as the documents certified and must include the management and audit certificates, names of signatories and dates that certificates were signed; and (b) tabled at the next ordinary meeting of the Island council and be made available for and remain open to inspection by persons resident in the council area during such reasonable times and at such place as are determined by the council.

s 65 41 s 66 Community Services (Torres Strait) Act 1984 (2) No annual financial statement or copy of it is to be made available to any person other than the auditor-general or person acting on his or her behalf or a councillor or officer of the council until such statement has been audited and certified. 65 Access to accounts (1) Without prejudice to the powers conferred by any other provision of this Act or by any other Act or law, the auditor-general or an auditor appointed by him or her shall, at all reasonable times, have full and free access to all accounts required by this Act to be audited by the auditor-general and to all moneys and property relating to such accounts that are in the possession of any person and may make copies of or extracts from those accounts. (2) A person who has in his or her possession any accounts, moneys or property referred to in subsection (1) must, at all reasonable times, upon request by the auditor-general or an auditor appointed by him or her, produce to the auditor-general or the auditor such accounts, moneys or property as are specified in the request. 66 Power to require furnishing of information and the like (1) The auditor-general or an auditor appointed by him or her may require any person having responsibility with respect to accounts that are subject to audit by the auditor-general to furnish to him or her such information, advice or explanation as he or she thinks necessary with respect to the audit and a person so required must furnish the information, advice or explanation required to be furnished. (2) The auditor-general may at any time cause a search to be made of and extracts taken from any account, book, document or record in the custody of an Island council without payment of any fee.

s 67 42 s 69 Community Services (Torres Strait) Act 1984 67 General reporting provisions (1) The auditor-general may prepare a report on any audit performed under this Act by him or her or by an auditor appointed by him or her in accordance with this Act. (2) A person appointed by the auditor-general under section 62(2) is to prepare a report on every audit performed by him or her under this Act and forward it to the auditor-general. (3) Where the auditor-general is of the opinion that any observations or suggestions made in a report under this section require attention or further consideration he or she is to forward the observations and suggestions and his or her comments to the chairperson of the Island council who must table them at the next ordinary meeting of the council. (4) Where the auditor-general is of the opinion that the observations and suggestions made under subsection (3) are of major significance the auditor-general is to forward the report and his or her comments to the Minister. 68 Financial statements (1) The clerk of an Island council must cause to be prepared and furnish to the chairperson of the Island council at the beginning of each month a statement of receipts and disbursements with respect to each fund of the council during the month. (2) The clerk of an Island council shall certify whether the statements furnished by the clerk under subsection (1) are in agreement with the accounts of the council. 69 Island councils are statutory bodies (1) Under the Statutory Bodies Financial Arrangements Act 1982 , an Island council is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers under this Act of an Island council are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 70 43 s 71 Community Services (Torres Strait) Act 1984 (3) The Local Government Act 1993 , section 526 applies to an Island council as if it were a local government and its members were councillors of the local government. 70 Chief executive may require information from Island council (1) The chief executive may, by written notice given to an Island council, require the council to give the chief executive within the reasonable time stated in the notice written information about notional GST that may be paid by it. (2) The council must comply with the notice. Division 3 Law and order in areas 71 Jurisdiction and powers of police (1) Police officers have and may exercise in a council area and in respect of persons therein the functions, duties and powers imposed or conferred on them by law that they have and may exercise in any other part of Queensland. (2) In respect of the discharge or exercise in a council area of any function, duty or power a police officer has the protection accorded by law to a police officer in the discharge or exercise of that function, duty or power elsewhere in Queensland. (3) Police officers are authorised to perform such acts and so such things in a council area as may be authorised or required to be done by Island police officers under the by-laws of the Island council established for that area as if such by-laws were part of the law of Queensland. (4) In respect of the performance in a council area of any act or thing referred to in subsection (3) a police officer has the protection accorded by law to a police officer in the discharge or exercise by the officer of the officer’s functions, duties and powers elsewhere in Queensland.

s 72 44 s 74 Community Services (Torres Strait) Act 1984 72 Entry upon council areas etc. A police officer is entitled to enter on and to be in a council area— (a) for the purpose of discharging or exercising a function, duty or power imposed or conferred on the officer by law; or (b) for the purpose of performing any act or thing that the officer is by this Act authorised to perform pursuant to an authority or requirement of a by-law of an Island council; and, in the case referred to in paragraph (b), the officer shall be deemed to be acting in the discharge of the officer’s duty as a police officer. 73 Application to council areas of laws relating to public places (1) For the purpose only of applying the provisions of laws in force in respect of any public place in Queensland to council areas— (a) the right of access to or use of any place in a council area by the general body of persons resident in the area is to be taken to have effect in law as if it were a right of access or use by the public; and (b) where any place would, but for its being in a council area be taken in law to be a public place, road, park or place of any other description it is to be taken so to be notwithstanding that it is in the area in question. (2) This section is not to be construed as conferring on any person a right of entry to council areas. 74 Island police (1) The function of maintaining peace and good order in all parts of a council area is that of persons who hold appointments for the time being as Island police officers for the area. (2) An Island council, with the Minister’s approval, may appoint such number of persons as it considers necessary for the peace

s 75 45 s 75 Community Services (Torres Strait) Act 1984 and good order of its area and the council shall equip the persons appointed with a uniform and such other marks of authority as it thinks fit to enable them to discharge their function. 75 Discharge of Island police officers’ functions etc. (1) Island police officers appointed for a council area shall have and may exercise within that area the functions, duties and powers conferred on them by by-law of the Island council established for the area. (2) Also, for the administration and enforcement of the liquor provisions in a council area, the police officer in charge for the area may authorise an Island police officer to exercise in the area the powers of— (a) an investigator under the Liquor Act, 1992 , part 7; 8 or (b) a police officer under the Police Powers and Responsibilities Act 2000 , sections 60 to 62. 9 (3) For subsection (2)(b), the Police Powers and Responsibilities Act 2000 , sections 60 to 62, apply as if a reference in the sections to a police officer were a reference to an Island police officer. (4) If at any time a police officer is, in execution of the officer’s duty, stationed in or present in a council area for which Island police officers are appointed they shall discharge and exercise their functions, duties and powers subject to the direction and control of that police officer. (5) It is lawful for an Island police officer to use reasonable force in the discharge of the officer’s function of maintaining peace and good order in the council area for which the officer is appointed. 8 For exercise of powers by Island police officers under the Liquor Act 1992 , part 7, see section 174A of that Act. 9 Police Powers and Responsibilities Act 2000 , sections 60 (Stopping vehicles for prescribed purposes), 61 (Power to require vehicles to be moved) and 62 (Requirement to remain at a place)

s 76 46 s 78 Community Services (Torres Strait) Act 1984 76 Other functions of Island police officers An Island council may by its by-laws or otherwise as it thinks fit charge Island police officers appointed for its council area with responsibility for ambulance services, firefighting services, emergency services and such other services associated with the local government of the area as it thinks fit. 77 Indemnification of Island police officer for liability for tort (1) If— (a) an Island police officer incurs legal liability for committing a tort while acting, or purporting to act, in the execution of duty as an officer; and (b) the officer acted honestly and without gross negligence; the State may indemnify the officer for the liability. (2) If— (a) an Island police officer incurs legal liability for helping, directly or indirectly, a person suffering, or apparently suffering, from illness or injury in circumstances that the officer reasonably considers to be an emergency; and (b) the officer acted honestly and without gross negligence; the State must indemnify the officer for the liability. Division 4 Determination of matters of complaint in areas 78 Island Courts (1) For any council area there may be constituted a court under the title, Island Court. (2) An Island Court shall be constituted— (a) by 2 justices of the peace each of whom is an Islander resident in its area and is a person not disentitled by subsection (3) to sit as a member of the court in the case in question; or

s 79 47 s 79 Community Services (Torres Strait) Act 1984 (b) where paragraph (a) can not be readily complied with—by the members of the Island council established for its area who are persons not disentitled by subsection (3) to sit as a member of the court in the case in question or by a majority of such members. (3) A person is not entitled to sit as a member of an Island Court constituted to hear and determine a matter in which the person is a party. (4) In this section— justice of the peace means— (a) a justice of the peace preserved in office by section 41(a) of the Justices of the Peace and Commissioners for Declarations Act 1991 ; or (b) a justice of the peace (magistrates court) holding office under the Justices of the Peace and Commissioners for Declarations Act 1991 . (5) For the purposes of this division, the powers of a person who holds office as a justice of the peace (magistrates court) under the Justices of the Peace and Commissioners for Declarations Act 1991 are not affected by section 29(4) of that Act. 79 Jurisdiction of Island Courts (1) Subject to this Act, an Island Court has and may exercise the jurisdiction, powers and authorities conferred on it— (a) by this Act; or (b) by the by-laws of the Island council established for the council area for which the court is constituted. (2) An Island Court has jurisdiction to hear and determine— (a) matters of complaint that are breaches of the by-laws applicable within its area; and (b) disputes concerning any matter that— (i) is a matter accepted by the community resident in its area as a matter rightly governed by the usages and customs of that community; and

s 80 48 s 81 Community Services (Torres Strait) Act 1984 (ii) is not a breach of the by-laws applicable within its area or of a law of the Commonwealth or the State or a matter arising under a law of the Commonwealth or the State; and (c) matters committed to its jurisdiction by the regulations; and shall exercise that jurisdiction referred to in paragraph (a) in accordance with the appropriate by-law having regard to the usages and customs of the community within its area and that jurisdiction referred to in paragraph (b) in accordance with the usages and customs of the community within its area. (3) The decision of an Island Court that any matter before it is a matter of a description referred to in subsection (2)(b)(i) shall be final and conclusive and no proceeding shall be brought or heard to restrain the Island Court from disposing of a dispute concerning that matter by reason that such a decision is incorrect. 80 Limitation of jurisdiction On and after the date of commencement of section 13 of the Community Services (Torres Strait) Act Amendment Act 1990 10 the jurisdiction of an Island Court extends to any persons, whether Islanders or not, who are in or who enter upon or reside in the council area for which the court is constituted. 81 Right of appeal against conviction Any person aggrieved by his or her conviction of an offence by an Island Court shall have the same right of appeal against or review of the conviction and order made thereon as if the person had been convicted and the order had been made by a Magistrates Court and the provisions of the Justices Act 1886 shall, with all necessary adaptations, apply in respect of that right and the exercise thereof. 10 Community Services (Torres Strait) Act Amendment Act 1990 , section 13 commenced 18 December 1990.

s 82 49 s 83 Community Services (Torres Strait) Act 1984 Division 5 Authorised officers 82 Authorised officers (1) An Island council may appoint any person to be an authorised officer for the council area for such period as the council specifies, to protect the natural and cultural resources of the area. (2) Subject to subsection (3), an authorised officer appointed under subsection (1) is to perform such functions and duties and may exercise such powers as are prescribed in the by-laws for the council area in which the authorised officer is appointed, which by-laws may have regard to Islander custom, tradition and belief. (3) An authorised officer may only perform a function or exercise a power, in respect of Torres Strait Islander land in the council area for which the authorised officer is appointed, under an agreement between the Island council and the grantees of the land. 83 General powers of authorised officers (1) An authorised officer, in addition to such other powers and duties as from time to time devolve upon that officer under this Act or the by-laws for the council area for which the officer is appointed may— (a) call to his or her aid an Island police officer for the area where he or she has reasonable cause to apprehend any obstruction in the exercise of his or her powers or in the execution of his or her duties; (b) be accompanied and aided by any person the officer may think competent to assist him or her in making any inspection or examination for the purposes of the by-laws for the area; (c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act or the relevant by-laws have been or are being complied with by any person or in respect of the area concerned;

s 83 50 s 83 Community Services (Torres Strait) Act 1984 (d) at any time, stop any vehicle or vessel that he or she suspects on reasonable grounds to be used in the commission of a breach of the by-laws for the area and search and examine that vehicle or vessel and all containers or other receptacles for any evidence of such a breach, and for that purpose may require the owner or person in charge thereof to open any such vehicle, vessel, container or other receptacle and expose its contents to view; (e) perform such other functions and duties and exercise such other powers and authorities as may be prescribed in the by-laws for the area concerned. (2) An authorised officer who— (a) finds any person committing or believes on reasonable grounds that any person has committed an offence against this Act or the relevant by-laws; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act or those by-laws has been committed by any person; or (c) is of the opinion that the name, age and address or place of residence of any person is required for the purpose of giving effect to any provision of this Act or the relevant by-laws, or for the purpose of enabling the authorised officer to carry out his or her powers and duties under this Act or the relevant by-laws; may require such person to state his or her name, age and address or place of residence, and, if the authorised officer believes on reasonable grounds that any information given in this regard is false, may require evidence of the correctness thereof. (3) A person who fails to comply with a request of an authorised officer under subsection (2) commits an offence against this Act. Maximum penalty—4 penalty units.

s 84 51 s 85 Community Services (Torres Strait) Act 1984 Part 5 Community justice groups Division 1 Establishment, functions and powers 84 Establishment (1) A community justice group for a council area may be established under a regulation. (2) The regulation must state the group’s name. 85 Functions and powers (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 6, division 2; and (b) carry out local strategies to address justice issues affecting members of the community in the area; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor Licences Act 2002 , part 2, division 1, for the area about the operation of the canteen in the area; 11 and (d) make recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. Example for subsection (1)(c) — The group may make a recommendation about the days and hours of operation of the canteen or the availability of takeaway alcohol. 11 See the Indigenous Communities Liquor Licences Act 2002 , section 8 (Board to implement recommendations of community justice group).

s 86 52 s 87 Community Services (Torres Strait) Act 1984 (2) To remove any doubt, it is declared that the group may not make recommendations about the employment of canteen staff, including, for example, the appointment of the canteen manager. (3) The group has power to do all things reasonably necessary to be done for performing its functions. (4) Without limiting subsection (3), the group has the powers conferred on it by this or another Act. Division 2 Provisions about membership of groups and group coordinators 86 Membership (1) The community justice group for a council area comprises the number of members prescribed under a regulation. (2) A regulation may make provision about the following— (a) eligibility of persons to be members; (b) nomination of persons as members; (c) terms on which, and period, a member holds office. (3) However, members must include at least 1 representative of each of the main indigenous social groupings in the area. (4) Members must be of good standing in the community. (5) In this section— indigenous social grouping means a group of indigenous persons sharing a common basis of social affiliation, including family relationship, language, traditional land ownership and historical association. 87 Criminal history checks (1) A regulation may provide for the disclosure by the commissioner of the police service to a stated entity of a person’s criminal history for deciding whether the person is suitable to be nominated as a member.

s 88 53 s 88 Community Services (Torres Strait) Act 1984 (2) The entity must— (a) not use the information for any purpose other than for the purpose mentioned in subsection (1); and (b) as soon as practicable after the information is no longer needed for the purpose, destroy it. (3) In this section— criminal history , of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. 88 Coordinator (1) The community justice group for a council area must appoint a coordinator for the group. (2) A regulation may make provision about the eligibility of a person to be appointed as coordinator. (3) The coordinator’s functions are to— (a) provide administrative support to the group; and Example for paragraph (a) — ensuring notice requirements under part 6, division 2, are met (b) attend meetings of the group to advise it on any issue before it; and (c) ensure minutes of the group’s meetings are kept; and (d) ensure the reporting requirements under section 91 are complied with.

s 89 54 s 91 Community Services (Torres Strait) Act 1984 Division 3 Miscellaneous provisions 89 Authentication of documents A document made by the community justice group for a council area is sufficiently made if it is signed by the coordinator for the group. 90 Protection of members from civil liability (1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State. 91 Reporting requirements (1) Within 90 days after the end of each reporting period, a community justice group must prepare a report on its activities for the period and give the report to the chief executive. (2) The report must be in the approved form. (3) In this section— reporting period means— (a) the period prescribed under a regulation; or (b) if a period is not prescribed under paragraph (a)—each quarter of a financial year.

s 92 55 s 93 Community Services (Torres Strait) Act 1984 Part 6 Control of possession and consumption of alcohol in council areas Division 1 Preliminary 92 Purpose of pt 6 (1) The purpose of this part is to prevent harm in council areas caused by alcohol abuse and misuse and associated violence. (2) The purpose is to be achieved by— (a) prohibiting in certain council areas the possession or supply of homemade alcohol and the possession of certain substances and things used to make homemade alcohol; and (b) providing for the declaration of places in council areas in which the possession and consumption of all alcohol is prohibited. 93 Definitions for pt 6 In this part— appealable decision means a community justice group’s decision— (a) to declare, or not to declare, a place as a dry place; or (b) to amend or revoke the declaration of a place as a dry place; or (c) to suspend, or not to suspend, the declaration of a place as a dry place. closing day for objections and submissions see section 95(2). dry place means a place declared under division 2 as a dry place.

s 93 56 s 93 Community Services (Torres Strait) Act 1984 entity includes— (a) a department; and (b) a division, branch or other part of a department. fermenter means a container that could be used for the purpose of fermentation. home-brew concentrate means— (a) a substance, that includes malt and hops, ordinarily used for brewing beer; or (b) wort; or (c) grape concentrate ordinarily used for making wine. home-brew kit means a kit that includes all the following— (a) a fermenter; (b) an airlock; (c) a thermometer. homemade alcohol means alcohol made other than under a licence under— (a) the Excise Act 1901 (Cwlth); or (b) the Distillation Act 1901 (Cwlth). possess alcohol includes— (a) have custody or control of the alcohol; and (b) have an ability or right to obtain custody or control of the alcohol. prescribed council area means a council area prescribed under a regulation for section 110A. private place means— (a) a place occupied by a person, a group of persons, or an entity other than the State or an Island council; or (b) a place to which a person or group of persons have the authority to control access under Island custom. public place means a place that is not a private place.

s 94 57 s 94 Community Services (Torres Strait) Act 1984 Division 2 Dry places 94 Declaration (1) The community justice group for a council area may— (a) on its own initiative or on written application by the Island council for the area or the chief executive of a department— (i) declare a public place in the area as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i); or (b) on written or personal application by the occupier of a private place in the area, or a person or group of persons with authority to control access to the place under Island custom— (i) declare the place as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i). (2) The community justice group may invite an application about a particular private place. (3) The group must consider the application as soon as reasonably practicable. (4) A declaration may be for the limited time stated in it, or without limit of time, and may state reasonable conditions to which it is subject. (5) The group may also, on its own initiative, revoke a declaration made under subsection (1)(b) if it is satisfied it is necessary to revoke the declaration because the occupier of the place, or a person or group with authority to control access to the place under Island custom, has acted in a way that is contrary to the effect of, or hinders the enforcement of, the declaration. (6) The group must ensure a person or group of persons who wish to make a written application under subsection (1)(b) are given help to make the application.

s 95 58 s 96 Community Services (Torres Strait) Act 1984 95 Notice of proposal (1) Before deciding whether to declare a place as a dry place, the community justice group for a council area must display written notice of the proposal— (a) in at least 1 prominent place in the area; and (b) if it considers it practicable, at the place. (2) The notice must— (a) sufficiently identify the place; and (b) state the right of a person to object or make a supporting submission; and (c) state the day (the closing day for objections and submissions ) on or before which— (i) a written objection or supporting submission must be made; or (ii) a written notice that a person wishes to object or make a supporting submission in person to the group, must be given; and (d) state the objection, submission or notice must be made or given to the coordinator for the group; and (e) if the proposed declaration is for a limited time—state that fact and the period proposed. (3) The notice must be displayed for at least 14 days immediately before the closing day for objections and submissions. (4) In addition to displaying written notice of the proposal as required by this section, the group may consult with members of the community resident in the area in any way it considers appropriate. (5) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. 96 Objections and supporting submissions (1) A person whose interests will be affected by the declaration of a public place as a dry place may object to or support the proposal to make the declaration.

s 97 59 s 97 Community Services (Torres Strait) Act 1984 (2) A proposed declaration of a private place as a dry place may be objected to or supported by— (a) a person or group of persons with the authority to control access to the place or a neighbouring place under Island custom; or (b) the occupier of, or a person or group who use, the place or a neighbouring place. (3) The objection or supporting submission must be made— (a) in writing to the coordinator for the community justice group for the council area in which the place is located on or before the closing day for objections and submissions; or (b) if the objector or supporter tells the coordinator for the group, on or before that day, that he or she wishes to appear before the group to make a submission—personally to the group. (4) The group must consider all written objections and supporting submissions made on or before the closing day for objections and submissions. (5) If the group gives a person mentioned in subsection (3)(b) a reasonable opportunity to appear before it and put the objection or supporting submission but the person fails to appear, the person loses the right to have the objection or supporting submission considered by the group. (6) A fee is not payable by an objector or supporter. (7) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. 97 Notice about declaration (1) The community justice group for a council area must display written notice of the declaration of a place as a dry place in at least 1 prominent place in the area for as long as the declaration is in force. (2) The notice must— (a) sufficiently identify the place; and

s 98 60 s 98 Community Services (Torres Strait) Act 1984 (b) state that the declaration takes effect on the day on which the declaration is displayed; and (c) if the declaration is for a limited time—state that fact and the period of the declaration; and (d) state the provisions of section 101. (3) This section applies to the amendment or revocation of the declaration of a place as a dry place in the same way as it applies to the making of the declaration. (4) However, notice of the revocation must be displayed for at least 1 month and need not state the provisions of section 101. 98 Suspension of declaration (1) The community justice group for a council area may, on written application by any person, suspend the declaration of a public place in the area as a dry place for a period of not more than 7 days. (2) The application must state the purpose and period of the suspension sought. (3) The group must consider the application as soon as reasonably practicable. (4) The group may suspend the declaration only if it is satisfied it is in the best interests of the residents of the area to do so. (5) The suspension may apply for all alcohol or a particular type of alcohol. (6) Also, the suspension may state reasonable conditions to which it is subject. (7) Sections 95 to 97 apply, with all necessary changes, to the suspension of a declaration of a place as a dry place as if it were a proposal to declare a place as a dry place. (8) However, notice of the suspension displayed under section 97 need not state the provisions of section 101. (9) The suspension does not affect the operation of section 110A. 12 12 Section 110A (Offences relating to homemade alcohol)

s 99 61 s 101 Community Services (Torres Strait) Act 1984 99 Effect of declaration of dry place (1) This section applies if— (a) under this division, a place is declared as a dry place (the dry place declaration ); and (b) the place is in a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the restricted area declaration ). (2) The dry place declaration applies to the place despite the restricted area declaration. Division 3 Offences relating to community justice groups and dry places 100 Obstructing members (1) A person must not obstruct or improperly influence a member in performing the member’s functions under this Act. Maximum penalty—200 penalty units. (2) In this section— influence includes attempt to influence. obstruct includes hinder, resist and attempt to obstruct. 101 Possession or consumption of alcohol in or on dry place (1) A person must not, in or on a dry place, possess or consume alcohol. Maximum penalty—250 penalty units. (2) A person must not, in or on a dry place, be drunk. Maximum penalty—25 penalty units.

s 102 62 Community Services (Torres Strait) Act 1984 s 104 102 False or misleading statements (1) A person must not state anything to a community justice group that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading. 103 False or misleading documents (1) A person must not give a community justice group a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the group, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading. Division 4 Appeals relating to dry places 104 Who may appeal A person whose interests are affected by an appealable decision may appeal against the decision to a Magistrates Court.

s 105 63 Community Services (Torres Strait) Act 1984 s 107 105 How to start appeal (1) An appeal is started by— (a) filing notice of appeal with the clerk of the court of a Magistrates Court in, or nearest to, the council area to which the decision relates; and (b) giving a copy of the notice to the community justice group that made the appealable decision within 7 days after the notice is filed. (2) The notice of appeal must be filed within 28 days after the appellant becomes aware of the decision. (3) The court may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. 106 Stay of operation of decisions (1) The Magistrates Court may grant a stay of the appealable decision to secure the effectiveness of the appeal. (2) The stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) The period of the stay must not extend past the time when the court decides the appeal. (4) The appeal affects the appealable decision, or carrying out of the decision, only if the decision is stayed. 107 Powers of Magistrates Court (1) In deciding the appeal, the Magistrates Court— (a) has the same powers as the community justice group; and

s 108 64 Community Services (Torres Strait) Act 1984 s 110A (b) is not bound by the rules of evidence; and (c) must comply with natural justice. (2) The appeal is by way of rehearing unaffected by the decision appealed against on the material before the group and any further evidence allowed by the court. (3) The court may— (a) confirm the appealable decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the group with the directions the court considers appropriate. 108 Constitution of Magistrates Court The Magistrates Court must be constituted by a magistrate when exercising its jurisdiction to decide the appeal. 109 Effect of Magistrates Court’s decision If the Magistrates Court substitutes another decision, the substituted decision is, for this part (other than this division), taken to be the community justice group’s decision. 110 Appeal to District Court An appeal to the District Court from a decision of a Magistrates Court may be made only on a question of law. Division 5 Provisions relating to homemade alcohol in certain council areas 110A Offences relating to homemade alcohol A person must not, in a prescribed council area— (a) possess a home-brew kit; or (b) possess home-brew concentrate; or

s 110B 65 Community Services (Torres Strait) Act 1984 s 111 (c) possess homemade alcohol; or (d) supply homemade alcohol to someone else. Maximum penalty—250 penalty units. 110B Relationship with restricted areas (1) This section applies if a prescribed council area or part of a prescribed council area is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the restricted area declaration ). (2) Section 110A(c) applies to the whole of the prescribed council area despite the restricted area declaration. Division 6 Miscellaneous provision 111 Making applications (1) An application under this part must be made to the coordinator for the community justice group for the council area to which the application relates. (2) A fee is not payable for an application— (a) to have a place declared as a dry place; or (b) to have the declaration amended, revoked or suspended.

s 112 66 Community Services (Torres Strait) Act 1984 s 112 Part 7 Provisions about making by-laws and subordinate by-laws Division 1 Preliminary 112 Definitions for pt 7 In this part— advertised proposed by-law see section 121(a). amended proposed by-law see section 121(b). certified copy , of an Island council’s by-law or subordinate local law, means a copy of the by-law or subordinate local law certified by the council’s clerk to be the by-law or subordinate by-law as made by the council. consultation period means— (a) for a proposed by-law—the period mentioned in section 118(1); or (b) for a proposed subordinate by-law—the period mentioned in section 127(1). drafting certificate , for a proposed by-law or subordinate by-law, means a certificate signed by the relevant Island council’s clerk and a lawyer stating— (a) the law is drafted in sufficient accordance with drafting standards prescribed under a regulation for the law; and (b) if section 176(2) 13 applies to the proposed law—the subsection has been complied with and all interested persons under the subsection located by the council have given written consent to the making of the law. model by-law see section 113(1). proposed authorising law see section 132(1). proposed by-law see section 116(1) or (2). 13 Section 176 (Power of Island council to regulate presence in area)

s 113 67 Community Services (Torres Strait) Act 1984 s 115 required number means the number decided by the Minister. subordinate by-law see section 114. Division 2 Publishing model by-laws and power to make subordinate by-laws 113 Minister may publish model by-laws (1) The Minister may prepare and publish in the gazette a by-law (a model by-law ) about a matter within the functions of an Island council as suitable for adoption by Island councils as a by-law. (2) Also, the Minister must publish a notice in the gazette stating whether steps 3 to 7 of division 3 apply for making the model by-law. (3) However, steps 3 to 7 of division 3 may be applied for making the model by-law only if the Minister is satisfied the consultation process under the steps would serve a useful purpose. 114 Power to make subordinate by-laws An Island council may make a law (a subordinate by-law ) about a matter that a by-law expressly states that the council may make about the matter. Division 3 Process for making by-laws 115 By-law process (1) Subject to subsection (2), the process stated in this division must be used to make a by-law. (2) Steps 3 to 7 apply to the making of a model by-law only if the steps apply to the making of the model by-law under a notice published under section 113(2). (3) If an Island council purports to make a by-law in contravention of this section, the purported law is of no effect.

s 116 68 Community Services (Torres Strait) Act 1984 s 117 116 Step 1—propose a by-law (1) Before making a model by-law, an Island council must, by resolution, propose to adopt the model by-law (the proposed by-law ). (2) Before making another by-law, an Island council must, by resolution, propose to make the by-law (also the proposed by-law ). 117 Step 2—ensure proposed by-law satisfactorily deals with any State interest (1) This section does not apply if the proposed by-law is a model by-law. (2) The Island council must give the Minister the following— (a) a copy of the proposed by-law; (b) a drafting certificate for the proposed by-law; (c) information about the proposed by-law required by the Minister or under a regulation. (3) The Minister must advise the council that it may proceed further in making the law if the Minister considers— (a) State interests are satisfactorily dealt with by the proposed by-law; and (b) the proposed by-law is drafted substantially in accordance with drafting standards prescribed under a regulation. (4) Alternatively, if the Minister considers the matters mentioned in subsection (3) would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed further in making the law if it— (i) satisfies any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions.

s 118 69 Community Services (Torres Strait) Act 1984 s 118 (5) If the Minister considers the proposed by-law only makes a minor amendment of an existing law (including, for example, the correction of a minor error), the advice of the Minister also may state that the council may proceed to step 8 without satisfying steps 3 to 7. (6) Steps 3 to 7 do not apply if the Minister’s advice to the council includes the statement mentioned in subsection (5). (7) The advice of the Minister also may state that the council may proceed without satisfying step 7 if the council agrees to satisfy particular conditions. (8) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. 118 Step 3—consultation about proposed by-law (1) The Island council must consult with residents of its council area about the proposed by-law for at least 14 days (the consultation period ). (2) However, a longer consultation period may be— (a) fixed by a condition agreed by the Minister and the council in step 2; or (b) prescribed under a regulation. (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. (4) A notice about the proposed by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the first day of the consultation period until the end of the last day of the consultation period—

s 119 70 Community Services (Torres Strait) Act 1984 s 119 (i) the council’s office; (ii) another prominent place in its council area. (5) The notice must state the following— (a) the council’s name; (b) the name of the proposed by-law; (c) the purposes and general effect of the proposed by-law; (d) the length of the consultation period and the first and last days of the period; (e) that written submissions by any person supporting or objecting to the proposed by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed by-law is open to inspection, or available, free of charge at the council’s office until the end of the last day of the period. (7) A copy of the proposed by-law must be attached to a notice displayed under subsection (4)(b). (8) The council may also consult with residents of its council area about the proposed by-law in any way it considers appropriate. (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. 119 Step 4—give access to proposed by-law On the first day of the consultation period and until the end of the last day of the consultation period a copy of the proposed by-law must be open to inspection, and be available, free of charge at the Island council’s office.

s 120 71 Community Services (Torres Strait) Act 1984 s 122 120 Step 5—accept and consider all submissions (1) The Island council must consider every submission properly made to it. (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed by-law; and (b) is given to the council on or before the last day of the consultation period. (3) Also, a submission is properly made to the council if it is made at a meeting held under section 118(8) and recorded in the minutes of the meeting. 121 Step 6—decide whether to proceed with making proposed by-law After considering every submission properly made to it, the Island council must, by resolution, decide whether to— (a) proceed with making the proposed by-law as advertised (the advertised proposed by-law ); or (b) proceed with making the proposed by-law with amendments (the amended proposed by-law ); or (c) not proceed with making the proposed by-law. 122 Step 7—again ensure proposed by-law satisfactorily deals with any State interest (1) This step does not apply in the following cases— (a) if the Island council receives an advice under section 117(5) or (7) and has satisfied any agreed conditions; (b) if the Island council decides to proceed with making the advertised proposed by-law; (c) if the Island council decides not to proceed with the proposed by-law; (d) if a regulation states the step does not apply. (2) The council must— (a) advise the Minister of its decision under step 6; and