Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998


Queensland Crest
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998
Queensland Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Reprinted as in force on 1 July 2008 Reprint No. 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 2008 SL No. 284 s 30
Information about this reprint This regulation is reprinted as at 1 July 2008. 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. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— use standard punctuation consistent with current drafting practice (s 27) use aspects of format and printing style consistent with current drafting practice (s 35). 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, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised 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 an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Contents Part 1 1 2 Part 2 3 4 4A Part 3 5 Part 3A Division 1 5A 5B Division 2 5C 5D Division 3 5E 5F 5G 5H 5I 5J Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Community justice groups Establishment of community justice groups—Act, s 18(1) . . . . . . 15 Community justice groups continued under Act, s 84 . . . . . . . . . 16 Community justice groups continued under Act, s 85 . . . . . . . . . 17 Prescribed community areas Prescribed community areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Transitional matters for Island Coordinating Council Preliminary Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 References to dissolution day . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Role of TSIRC TSIRC to take over particular functions and powers . . . . . . . . . . 19 Registered provider under Housing Act 2003 . . . . . . . . . . . . . . . 19 Financial matters Assets and liabilities of ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Allocation report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Failure to give allocation report before the dissolution day. . . . . . 20 Transfer of grant moneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Reporting obligations for grant moneys . . . . . . . . . . . . . . . . . . . . 21 Application of Financial Administration and Audit Act . . . . . . . . . 21
2 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Division 4 5K 5L Division 5 5M 5N 5O 5P Part 4 Division 1 6 7 8 9 10 Division 2 11 12 Schedule 1 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Employment matters Preservation of employees’ rights and entitlements . . . . . . . . . . . Appointer of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Documents of ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for regulations commencing before 15 March 2008 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 . . . . . . . . . . Transitional provisions for Justice and Other Legislation Amendment Regulation (No. 1) 2008 Existing nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing membership for Injinoo Community Justice Group . . . . . Aurukun Community Justice Group . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 23 23 23 24 24 24 24 25 25 26 27 28 28 28 29 29 29 29 30 30 30
3 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 10 11 12 13 14 15 Schedule 2 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 Part 4 9 10 11 12 13 Schedule 3 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of members at special meeting. . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doomadgee Community Justice Group . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Napranum Community Justice Group . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . 31 32 32 32 32 32 34 34 35 35 35 36 37 37 37 38 39 39 39 40 41 41 42 42 42 43 43 44
4 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 8 Part 4 9 10 11 12 13 Schedule 5 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 6 Part 1 1 Part 2 2 Part 3 3 4 5 6 Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kowanyama Community Justice Group . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lockhart River Community Justice Group . . . . . . . . . . . . . . . Preliminary Definitions for sch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 45 45 45 46 47 47 47 48 48 48 48 49 49 49 50 51 51 51 51 52 52 53 53 53 54 54
5 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 7 8 9 Part 4 10 11 12 13 14 Schedule 7 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 9 Part 1 1 Part 2 2 Part 3 3 4 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pormpuraaw Community Justice Group . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Woorabinda Community Justice Group . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selection committee Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 55 55 56 56 57 57 57 58 58 58 59 59 59 60 60 60 61 61 62 62 62 62 63 63 63 64 64
6 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 5 6 Part 4 7 8 9 10 11 12 13 Part 5 14 15 16 17 18 Schedule 10 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 11 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of business by selection committee . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cherbourg Community Justice Group . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mapoon Community Justice Group . . . . . . . . . . . . . . . . . . . . . 65 65 65 65 66 66 67 67 67 68 68 69 69 69 70 70 70 71 71 71 73 73 74 74 75 75 76 76 76 77
7 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 13 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 Preliminary Definitions for sch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wujal Wujal Community Justice Group . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 78 78 78 78 79 80 80 80 81 82 82 82 82 84 84 85 85 85 85 86 86 87 87 87 88 88 88
8 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 14 Schedule 13A Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 13B Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yarrabah Community Justice Group . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Palm Island Community Justice Group . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . 89 90 90 91 91 91 91 92 93 93 93 94 94 95 95 95 96 96 96 97 97 97 98 98 99 99 100 100
9 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 12 13 14 Schedule 13C Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 13D Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hope Vale Community Justice Group . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mornington Community Justice Group . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 13D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name—Act, s 18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 100 100 101 101 102 102 102 103 103 104 104 104 105 105 105 105 106 107 107 108 108 108 109 109 110 110 110
10 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 10 11 12 13 14 Schedule 14 Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 14A Part 1 1 Part 2 2 Part 3 3 4 5 6 7 Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injinoo Community Justice Group . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Mapoon Community Justice Group . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 111 112 112 112 113 113 113 114 114 114 115 115 116 116 116 116 117 117 117 118 118 118 119 119 119 119 120
11 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 8 9 Part 4 10 11 12 13 14 Schedule 14B Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 14C Part 1 1 Part 2 2 Part 3 3 4 5 Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Umagico Community Justice Group . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bamaga Community Justice Group . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 14C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . 120 121 121 121 121 122 122 123 123 123 124 124 124 125 125 126 126 126 126 127 127 127 128 128 128 129 129 129
12 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 6 7 8 9 Part 4 10 11 12 13 14 Schedule 14D Part 1 1 Part 2 2 Part 3 3 4 5 6 7 8 9 Part 4 10 11 12 13 14 Schedule 15 Schedule 16 Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seisia Community Justice Group . . . . . . . . . . . . . . . . . . . . . . Preliminary Definitions for sch 14D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of community justice group Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership Number of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nomination, and withdrawal of nomination, of members . . . . . . . Notification by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator to advise Minister of vacancy . . . . . . . . . . . . . . . . . . Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of special meetings . . . . . . . . . . . . . . . . . . . . . Quorum for special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at special meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed community areas . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 130 130 131 131 131 131 132 132 133 133 133 134 134 134 134 135 135 135 136 136 136 136 137 138 139 Endnotes 1 2 3 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 140 141
13 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
s 1 15 s 3 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 [as amended by all amendments that commenced on or before 1 July 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 . 2 Definitions The dictionary in schedule 16 defines particular words used in this regulation. Part 2 Community justice groups 3 Establishment of community justice groups—Act, s 18(1) (1) Each community justice group named in a relevant schedule is established for the community area stated for the justice group. (2) Subject to subsection (3), each relevant schedule prescribes matters about the community justice group named in the schedule. (3) If a relevant schedule states that a main indigenous social grouping for a community justice group must nominate a minimum number of persons to be members of the justice
s 4 16 s 4 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 group, including a minimum number of persons of a particular category, the obligation on the main indigenous social grouping is to nominate the minimum number of persons to the greatest practicable extent. 4 Community justice groups continued under Act, s 84 (1) A community justice group named in schedule 14, 14A or 14B— (a) was established under section 18 of the Act before the changeover day; and (b) from the changeover day, continued under section 84 of the Act. (2) Subject to subsection (3), each schedule mentioned in subsection (1) prescribes matters about the community justice group named in the schedule. (3) If a schedule mentioned in subsection (1) states that a main indigenous social grouping for a community justice group must nominate a minimum number of persons to be members of the justice group, including a minimum number of persons of a particular category, the obligation on the main indigenous social grouping is to nominate the minimum number of persons to the greatest practicable extent. (4) For a community area that is described, in a schedule mentioned in subsection (1), by reference to an area that, immediately before the changeover day, was the community government area of a local government— (a) the reference to the local government is taken to be a reference to the local government as it existed immediately before the changeover day; and (b) the reference to the community government area of the local government is taken to be a reference to the community government area as it was under the Local Government (Community Government Areas) Act 2004 as in force immediately before the changeover day. Example for subsection (4) In schedule 14, section 1, definition Injinoo community area—
s 4A 17 s 4A Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 (a) the reference to Injinoo Shire Council is taken to be a reference to Injinoo Shire Council as the council existed immediately before the changeover day; and (b) the reference to the community government area of the Injinoo Shire Council is taken to be a reference to the community government area as it was under the Local Government (Community Government Areas) Act 2004 as in force immediately before the changeover day. Notes 1 Under the Local Government (Community Government Areas) Act 2004 as in force immediately before the changeover day, community government areas were described by reference to the local government areas for the councils, which were described in schedule 2 of that Act as in force immediately before the changeover day. 2 Each map mentioned in the Local Government (Community Government Areas) Act 2004, schedule 2 as in force immediately before the changeover day can be— (a) accessed by members of the public, free of charge, on the website of the department in which the Justices Act 1886 is administered; or (b) purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered. Editor’s note At the commencement of this section, the website of the department mentioned in note 2(a) was <www.justice.qld.gov.au>. 4A Community justice groups continued under Act, s 85 (1) A community justice group named in schedule 14C or 14D— (a) was established under the repealed Torres Strait Act before the changeover day; and (b) from the changeover day, continued under section 85 of the Act. (2) Subject to subsection (3), each schedule mentioned in subsection (1) prescribes matters about the community justice group named in the schedule. (3) If a schedule mentioned in subsection (1) states that a main indigenous social grouping for a community justice group must nominate a minimum number of persons to be members
s 5 18 s 5A Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 of the justice group, including a minimum number of persons of a particular category, the obligation on the main indigenous social grouping is to nominate the minimum number of persons to the greatest practicable extent. Part 3 Prescribed community areas 5 Prescribed community areas Each community area stated in schedule 15 is prescribed for section 45 of the Act. Editor’s note section 45 (Offences relating to homemade alcohol) of the Act Part 3A Transitional matters for Island Coordinating Council Division 1 Preliminary 5A Definitions for pt 3A In this part— allocation report see section 5F(a). dissolution day means the day the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 , section 46 commences. grant agreement means an agreement between ICC and the Commonwealth, State or another entity (the grantor ), entered into before the dissolution day, under which the grantor gives ICC grant money.
s 5B 19 s 5D Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 ICC means the Island Coordinating Council established under the Community Services (Torres Strait) Act 1984 , part 8. local transition committees means the local transition committees, established under the Local Government Act 1993 , section 159YR, for the new local government areas of TSIRC and NPARC. 5B References to dissolution day A matter under this part that happens from the dissolution day happens from the beginning of that day. Division 2 Role of TSIRC 5C TSIRC to take over particular functions and powers (1) This section applies if, under an Act— (a) ICC may perform a function or exercise a power; and (b) ICC started to perform the function or exercise the power, but did not finish performing the function or exercising the power, before the dissolution day. (2) TSIRC may, from the dissolution day, continue to perform the function or exercise the power. 5D Registered provider under Housing Act 2003 (1) This section applies if, immediately before the dissolution day, ICC is a registered provider under the Housing Act 2003 for providing housing services. (2) From the dissolution day, TSIRC— (a) is taken to be a registered provider under that Act for providing housing services; and (b) has, to the greatest practicable extent, the same functions, powers and obligations of ICC in relation to its operation as a registered provider for the services.
s 5E 20 s 5H Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Division 3 Financial matters 5E Assets and liabilities of ICC (1) Subject to section 5H, each asset or liability of ICC becomes the asset or liability of TSIRC on the dissolution day. Note Section 5H provides for the transfer of a proportion of unexpended grant moneys from TSIRC to NPARC. (2) The registrar of titles or other person responsible for keeping a register for dealings in assets must, if asked by TSIRC in the appropriate form, record the transfer or the vesting of any asset under this section in TSIRC. 5F Allocation report The local transition committees must— (a) jointly prepare a report (an allocation report ) stating the proposed allocation of any unexpended grant moneys held by ICC between TSIRC and NPARC; and (b) give the Minister the allocation report. 5G Failure to give allocation report before the dissolution day If the local transition committees do not give the Minister the allocation report before the dissolution day, the Minister must decide the apportionment of any unexpended grant moneys held by ICC between TSIRC and NPARC. 5H Transfer of grant moneys (1) Subsection (2) applies if the local transition committees give the Minister the allocation report before the dissolution day. (2) TSIRC must transfer to NPARC on or before 31 March 2008 the proportion of the unexpended grant moneys that is to be transferred to NPARC under the allocation report.
s 5I 21 s 5K Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 (3) Subsection (4) applies if the local transition committees do not give the Minister the allocation report before the dissolution day. (4) TSIRC must transfer to NPARC on or before the stated day the proportion of the unexpended grant moneys that the Minister decides is to be transferred to NPARC. (5) The stated day for subsection (4) is— (a) 31 March 2008; or (b) the later day the Minister decides. 5I Reporting obligations for grant moneys (1) This section applies to ICC’s obligations to report about grant moneys under a grant agreement. (2) TSIRC must, from the dissolution day, perform the obligations under the grant agreement. (3) Without limiting subsection (2), TSIRC’s report must include a report about grant moneys for the period ending on the dissolution day. 5J Application of Financial Administration and Audit Act TSIRC must, from the dissolution day, comply with the requirements under the Financial Administration and Audit Act 1977 , part 3, for the financial year starting on 1 July 2007, as if TSIRC were ICC. Editor’s note Financial Administration and Audit Act 1977 , part 3 (Financial administration—statutory bodies) Division 4 Employment matters 5K Preservation of employees’ rights and entitlements (1) This section applies to a person who, immediately before the dissolution day, was an employee of ICC.
s 5K 22 s 5K Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 (2) On the dissolution day, the person is employed by TSIRC on the same conditions on which the person was employed by ICC. (3) Employment of the person by TSIRC under subsection (2) does not— (a) affect the employee’s benefits, entitlements or remuneration; or (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service; or (d) constitute a retrenchment or redundancy; or (e) entitle the employee to a payment or other benefit merely because the person is no longer employed by ICC. (4) Without limiting subsection (2), if an industrial instrument applies to the person immediately before the dissolution day, the instrument continues to apply to the person. (5) A workforce transition code of practice under the Local Government Act 1993 , section 159ZH, applies to the transition of the employee from ICC to TSIRC as if ICC were, under the Local Government Act 1993 , chapter 3, part 1B, a merging local government whose local government area is abolished to form part of the new local government area of TSIRC. Note The Local Government (Workforce Transition Code of Practice) Notice 2007 was notified on 29 August 2007. (6) In this section— industrial instrument means a federal award, federal agreement or industrial instrument, as defined under the Industrial Relations Act 1999 .
s 5L 23 s 5O Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 5L Appointer of employees For the continuing employment, under section 5K, of a person employed by TSIRC, the person is taken to have been appointed by the chief executive officer of TSIRC. Division 5 General 5M Documents of ICC (1) The documents of ICC become the documents of TSIRC on the dissolution day. (2) TSIRC must, as soon as practicable after the dissolution day, give NPARC a copy of any agreement in relation to grant moneys transferred to NPARC under section 5H. 5N Existing agreements (1) This section applies to an agreement to which ICC is a party before the dissolution day. (2) From the dissolution day, a reference in the agreement to ICC is taken to be a reference to— (a) if the agreement is a grant agreement—TSIRC and NPARC; or (b) otherwise—TSIRC. (3) From the dissolution day, the agreement gives rise to the same rights and liabilities as would have arisen if ICC were not dissolved. 5O References to ICC Subject to section 5N(2), a reference in an Act or document to ICC may, from the dissolution day and if the context permits, be taken to be a reference to TSIRC.
s 5P 24 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 s8 5P Legal proceedings A legal proceeding that could have been started or continued by or against ICC before the dissolution day, may be started or continued by or against TSIRC from the dissolution day. Part 4 Transitional provisions Division 1 Transitional provisions for regulations commencing before 15 March 2008 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 For nominating members of a community justice group, a nomination under schedule 1, section 5(1) includes a nomination made by a main indigenous social grouping before the commencement of this section. 7 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 For nominating members of a community justice group for schedules 2 and 3, a nomination under section 4 of either schedule includes a nomination made by a nominating entity under the schedule before the commencement of this section. 8 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 (1) For nominating members of a community justice group for schedules 4, 5, 6 and 8, a nomination under section 5 of any of the schedules includes a nomination made by a nominating entity under the schedule before the commencement of this section.
s 9 25 s 10 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Editor’s note Schedules 4 and 8 were omitted by the Justice and Other Legislation Amendment Regulation (No. 1) 2008 , section 10. See schedules 14 and 14B for the community justice groups previously established by schedules 4 and 8. (2) For nominating members of a community justice group for schedule 7, a nomination under section 5 of the schedule includes a nomination made by a main indigenous social grouping under the schedule before the commencement of this section. 9 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 For nominating members of a community justice group for schedules 10 to 14, a nomination under section 5 of any of the schedules includes a nomination made by a nominating entity under the schedule before the commencement of this section. Editor’s note Schedule 14 was renumbered as schedule 13A by the Justice and Other Legislation Amendment Regulation (No. 1) 2008 , section 15. 10 Transitional provision for Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 For nominating members of a community justice group for schedule 14A, a nomination under section 5 of the schedule includes a nomination made by a main indigenous social grouping under the schedule before the commencement of this section. Editor’s note Schedule 14A was renumbered as schedule 13B by the Justice and Other Legislation Amendment Regulation (No. 1) 2008 , section 15.
s 11 26 s 11 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Division 2 Transitional provisions for Justice and Other Legislation Amendment Regulation (No. 1) 2008 11 Existing nominations (1) For nominating members of a community justice group for a prescribed schedule, a nomination under section 5 of the prescribed schedule includes a nomination made before the commencement. (2) However— (a) for schedules 13C and 13D, subsection (1) only applies to a nomination made by a main indigenous social grouping under the schedule; and (b) for schedules 14, 14A, 14B, 14C and 14D, subsection (1) applies only to a nomination made under the superseded nomination section for the schedule. (3) In this section— commencement means commencement of this section. prescribed schedule means schedule 13C, 13D, 14, 14A, 14B, 14C or 14D. superseded nomination section means— (a) for schedule 14—the repealed schedule 4, section 5 as in force before the commencement; or (b) for schedule 14A—the repealed schedule 12, section 5 as in force before the commencement; or (c) for schedule 14B—the repealed schedule 8, section 5 as in force before the commencement; or (d) for schedule 14C—the repealed Community Services (Torres Strait) Regulation 1998 , schedule 1C, section 5; or (e) for schedule 14D—the repealed Community Services (Torres Strait) Regulation 1998 , schedule 1B, section 5.
s 12 27 s 12 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 12 Existing membership for Injinoo Community Justice Group The limitation under schedule 14, section 3 that the Injinoo Community Justice Group can not have more than 10 members does not apply until 6 months after the commencement of this section.
28 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 1 Aurukun Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 1 In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Archer, Watson and Top Kendall Rivers Cape Keerweer Kendall and Holroyd Rivers Knox River Love River Ti Tree-Oonyawa Upper Kirke River Wik Way. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the Shire of Aurukun is Aurukun Community Justice Group.
29 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 1 (continued) Membership 3 Number of members The justice group comprises at least 8 but not more than 40 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate not more than 5 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice.
30 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 1 (continued) (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping the person represents. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping each member represents. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term—
31 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 1 (continued) (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 1 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 1 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
32 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 1 (continued) 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting is 5 members of the justice group, each of whom must be a representative of a different main indigenous social grouping. 13 Number of members at special meeting At a special meeting, not more than 2 members of each main indigenous social grouping, who are members of the justice group, may be present. 14 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 15 Voting at special meeting (1) Only 1 member (the voting member ) of each main indigenous social grouping may vote on a question to be decided at a special meeting. (2) If more than 1 member of a main indigenous social grouping is present at a special meeting, the members of the justice group who represent the grouping— (a) may decide the grouping’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s voting member for different questions.
33 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 1 (continued) (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative.
34 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 Doomadgee Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 2 In this schedule— council means the Doomadgee Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Gadawa Gangalida Lardill Mingginda Waanyi. nominating entity means any of the following— (a) a main indigenous social grouping; (b) Doomadgee CDEP Aboriginal Corporation ABN 91 096 896 192; (c) the council; (d) Warragudja Aboriginal Corporation ABN 38 365 831 274; (e) Warrgoobulginda Aboriginal Corporation ABN 17 807 264 224; (f) the chief executive of the department in which the Education (General Provisions) Act 2006 is administered;
35 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) (g) the chief executive of the department in which the Health Services Act 1991 is administered. special meeting see section 9(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Doomadgee Shire Council is Ngooderi Mabuntha Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 5 but not more than 17 members. 4 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate 2 persons, who are members of the grouping to be members of the justice group. (2) Also, each of the following entities may nominate 1 person to be a member of the justice group— (a) Doomadgee CDEP Aboriginal Corporation ABN 91 096 896 192; (b) the council;
36 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) (c) Warragudja Aboriginal Corporation ABN 38 365 831 274; (d) Warrgoobulginda Aboriginal Corporation ABN 17 807 264 224; (e) the chief executive of the department in which the Education (General Provisions) Act 2006 is administered. (3) The chief executive of the department in which the Health Services Act 1991 is administered may nominate 2 persons who are employees of the department to be members of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 5(1) or (2); (b) the day stated in the gazette notice. 5 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 4 is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn;
37 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 6 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 4. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 7 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 6(1)(a), advise the Minister of the vacancy. 8 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 4(6); and (b) ending on the earlier of the following—
38 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) (i) 3 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 6(1). (2) If the office of a member (the former member ) becomes vacant under section 6(1), a person nominated to fill the vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. (3) If the term of office of a member ( former member ) ends under subsection (1)(b)(i), the former member may continue to act as a member in the office left vacant by the former member until the vacancy is filled. Part 4 Business and meetings 9 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition.
39 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 2 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 10 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 11 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members, at least 3 of whom must each represent a different main indigenous social grouping. 12 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 2 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
40 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 2 (continued) 13 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative.
41 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 3 Napranum Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 3 In this schedule— council means the Napranum Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Alingith Anagoon Andoom Aurdrang Luang Peppan Thanquith Thionton Wathayan the Torres Strait Islander grouping. nominating entity means either of the following— (a) a main indigenous social grouping; (b) the council. special meeting see section 9(2). Torres Strait Islander grouping means the indigenous social grouping comprised of Torres Strait Islanders who have a historical association with the community government area of the Napranum Shire Council.
42 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 3 (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Napranum Shire Council is the Twal Council of Elders Napranum Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 10 but not more than 39 members. 4 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping other than the Torres Strait Islander grouping must nominate at least 1 person, and may nominate up to 4 persons, who are members of the grouping to be members of the justice group. (2) The Torres Strait Islander grouping must nominate 1 person, who is a member of the grouping, to be a member of the justice group. (3) The council may nominate 1 or 2 councillors of the council to be members of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following—
43 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 3 (continued) (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 5(1) or (2); (b) the day stated in the gazette notice. 5 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 4 is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 6 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 4. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing.
44 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 3 (continued) 7 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 6(1)(a), advise the Minister of the vacancy. 8 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 4(6); and (b) ending on the day the member’s office becomes vacant under section 6(1). Part 4 Business and meetings 9 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition.
45 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 3 (continued) (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 3 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 10 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 11 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members, at least 5 of whom must each represent a different main indigenous social grouping. 12 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 3 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
46 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 3 (continued) 13 Voting at special meeting (1) Only 1 member (the voting member ) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 member of a main indigenous social grouping or more than 1 member who is a councillor of the council, is present at a special meeting, the members of the justice group who represent the grouping or the council— (a) may decide the grouping’s or council’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s or council’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question and, if the votes are equal, the question is decided in the negative.
47 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 5 Kowanyama Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 5 In this schedule— council means the Kowanyama Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Kikomnjena Kokoberra Kunjen. nominating entity means— (a) a main indigenous social grouping; or (b) the council. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Kowanyama Shire Council is Kowanyama Community Justice Group.
48 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 5 (continued) Membership 3 Number of members The justice group comprises at least 15 but not more than 19 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate 5 persons, and may nominate 6 persons, who are members of the grouping to be members of the justice group. (2) The council may nominate 1 person to be a member of the justice group. (3) A nominating entity may, at any time, withdraw a nomination made by it. (4) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice.
49 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 5 (continued) (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term—
50 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 5 (continued) (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 4 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 4 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
51 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 5 (continued) 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 8. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
52 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 6 Lockhart River Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 6 In this schedule— council means the Lockhart River Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Ankum Kaanju Kanthanampu Kuuku Ya’u Ngaympal Umpila Uupan Uutaalnganu Wathathi Yaawun. nominating entity means— (a) a main indigenous social grouping; or (b) the group of employees of the council who work at the Pytham Women’s Shelter; or (c) the council. special meeting see section 10(2).
53 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 6 (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Lockhart River Shire Council is Wulpumu Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 20 but not more than 34 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the community government area of the Lockhart River Shire Council; and (c) has lived in the area for at least 1 month before the person is nominated as a member; and (d) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment.
54 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 6 (continued) 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 2 persons, and may nominate 3 persons, who are members of the grouping to be members of the justice group. (2) The group of employees of the council who work at the Pytham Women’s Shelter may nominate up to 3 females to be members of the justice group. (3) The council may nominate 1 person who is a councillor of the council to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1), (2) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination.
55 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 6 (continued) (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 3 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1).
56 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 Schedule 6 (continued) Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 5 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by at least 6 members of the justice group, each of whom represents a different main indigenous social grouping. 5 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
57 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 6 (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is 7 members, each of whom must represent a different nominating entity. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) Only 1 member (the voting member ) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 representative of a nominating entity is present at a special meeting, the members of the justice group who represent the entity— (a) may decide the entity’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the entity’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the question is decided in the negative.
58 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 7 Pormpuraaw Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 7 In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Mungkan Thayorre. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Pormpuraaw Shire Council is Pormpuraaw Justice Group.
59 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 7 (continued) Membership 3 Number of members The justice group comprises at least 6 but not more than 12 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the community government area of the Pormpuraaw Shire Council; and (c) has lived in the area for at least 1 month before the person is nominated as a member. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 3 persons, and may nominate up to 6 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice.
60 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 7 (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy.
61 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 7 (continued) 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 6 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 6 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
62 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 7 (continued) 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is a majority of its members. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
63 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 9 Woorabinda Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 9 In this schedule— council means the Woorabinda Shire Council. main indigenous social grouping means the group of Aboriginal people who live in the community government area of the Woorabinda Shire Council. selection committee see section 3. special meeting see section 14(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Woorabinda Shire Council is Woorabinda Community Justice Group.
64 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 9 (continued) Selection committee 3 Establishment The Woorabinda Community Justice Group Selection Committee (the selection committee ) is established. 4 Membership (1) The selection committee consists of the following members— (a) 2 persons who are elders of the main indigenous social grouping; (b) 1 person who is— (i) a member of the main indigenous social grouping; and (ii) an employee of a health institution in the community government area of the Woorabinda Shire Council; (c) 1 person who is— (i) a member of the main indigenous social grouping; and (ii) an employee of an educational institution in the community government area of the Woorabinda Shire Council. (2) The members mentioned in subsection (1)(a) are to be appointed by the elders of the main indigenous social grouping. (3) The member mentioned in subsection (1)(b) is to be appointed by the chief executive of the department in which the Health Services Act 1991 is administered. (4) The member mentioned in subsection (1)(c) is to be appointed by the chief executive of the department in which the Education (General Provisions) Act 2006 is administered.
65 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 9 (continued) 5 Functions (1) The functions of the selection committee are— (a) to nominate, under section 9(1), persons to be members of the justice group; and (b) to perform other functions given to the selection committee under this schedule. (2) For performing its functions, the selection committee is constituted by the number of members of the committee for the time being holding office. 6 Conduct of business by selection committee The selection committee may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. Part 4 Membership 7 Number of members The justice group comprises at least 5 but not more than 20 members. 8 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of the main indigenous social grouping; and (b) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or
66 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 9 (continued) (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment. 9 Nomination, and withdrawal of nomination, of members (1) The selection committee must nominate at least 5, and may nominate up to 20, members of the main indigenous social grouping to be members of the justice group. (2) The selection committee may, at any time, withdraw a nomination made by it. (3) The selection committee must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 10(1) or (2); (b) the day stated in the gazette notice. 10 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 9(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 9. (3) The gazette notice must include the name of the person who is nominated or whose nomination is withdrawn. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group.
67 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 9 (continued) 11 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (b) the member’s nomination is withdrawn under section 9. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 12 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 11(1)(a), advise the Minister of the vacancy. 13 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 9(4); and (b) ending on the day the member’s office becomes vacant under section 11(1).
68 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 5 Schedule 9 (continued) Business and meetings 14 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 7 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 15 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 7 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
69 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 9 (continued) 16 Quorum for special meeting A quorum for a special meeting of the justice group is 5. 17 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 18 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
70 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 10 Cherbourg Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 10 In this schedule— council means the Cherbourg Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— traditional owners of the community government area of the Cherbourg Shire Council other indigenous residents of the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council. nominating entity see section 5(1). special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Cherbourg Shire Council is Barambah Community Justice Group.
71 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 10 (continued) Membership 3 Number of members The justice group comprises 13 members. 4 Eligibility (1) A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) lives in the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council (the relevant area ); and (c) has lived in the relevant area for at least 5 years immediately before the person is nominated to be a member of the justice group. (2) For subsection (1)(c), it is irrelevant whether the person has, for the 5 years, lived in 1 or more of the areas mentioned in subsection (1)(b). 5 Nomination, and withdrawal of nomination, of members (1) Each entity mentioned in column 1 of the following table (a nominating entity ) must nominate the person or persons mentioned in column 2 opposite the entity to be members of the justice group—
72 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 10 (continued) Column 1 Table Column 2 1 The main indigenous social grouping that is the traditional owners of the community government area of the Cherbourg Shire Council 1 female person and 1 male person 2 The main indigenous social grouping 2 female persons and that is the other indigenous residents of 2 male persons the community government area of the Cherbourg Shire Council or the local government area of the South Burnett Regional Council 3 Cherbourg Elders Group 1 female person 1 male person 4 Cherbourg Shire Council 1 elected member of the Council 5 Cherbourg Elders Family Support Program Inc ABN 89 169 476 479 1 female person 6 Jundah Aboriginal Corporation ABN 67 1 female person 108 840 684 7 Cherbourg Primary P&C Association ABN 52 467 302 311 1 person 8 The chief executive of the department in 1 person which the Health Services Act 1991 is administered (2) A nominating entity may, at any time, withdraw a nomination made by it. (3) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following—
73 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 10 (continued) (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or
74 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 10 (continued) (iv) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the earlier of the following— (i) 4 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 7(1). (2) If the office of a member (the former member ) becomes vacant under section 7(1), a person nominated to fill the resulting vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. (3) If the term of office of a member ( former member ) ends under subsection (1)(b)(i), the former member may continue to act as a member in the office left vacant by the former member until the vacancy is filled.
75 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 Schedule 10 (continued) Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 8 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 8 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
76 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 10 (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5, at least 1 of whom must be a person who represents a main indigenous social grouping. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members present and, if the votes are equal, the member presiding has a casting vote.
77 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 Mapoon Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 11 In this schedule— council means the Mapoon Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Taepathiggi Thanakwith Tjungundji Warrangku Yupungathi historical residents of the community government area of the Mapoon Shire Council. nominating entity means the following entities— (a) a main indigenous social grouping; (b) the council; (c) the Mapoon Women’s group; (d) the Mapoon Men’s group; (e) Western Cape College ABN 30 531 079 796; (f) Mapoon Primary Health Care Centre ABN 66 329 169 412. special meeting see section 10(2).
78 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 11 (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Mapoon Shire Council is Mapoon Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 10 but not more than 37 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the community government area of the Mapoon Shire Council. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate up to 4 persons, who are members of the grouping to be members of the justice group. (2) Each of the following nominating entities must nominate at least 1 person, and may nominate up to 4 persons, to be members of the justice group— (a) the Mapoon Women’s group; (b) the Mapoon Men’s group.
79 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 (continued) (3) The council— (a) must nominate 2 persons who work for the home and community care program in the community government area of the Mapoon Shire Council to be members of the justice group; and (b) may nominate 1 other person to be a member of the justice group. (4) Each of the following nominating entities may nominate 1 person to be a member of the justice group— (a) Western Cape College ABN 30 531 079 796; (b) Mapoon Primary Health Care Centre ABN 66 329 169 412. (5) A nominating entity may, at any time, withdraw a nomination made by it. (6) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (7) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) to (4) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information—
80 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 (continued) (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person, or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term—
81 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 (continued) (a) starting on the day the member’s nomination takes effect under section 5(7); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 9 9 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
82 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 (continued) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 10. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) For each main indigenous social grouping, not more than 2 members who represent the grouping (the voting members ) may vote on a question to be decided at a special meeting. (2) For the following nominating entities, not more than 2 members who represent the entity (also the voting members ) may vote on a question to be decided at a special meeting— (a) the Mapoon Women’s group; (b) the Mapoon Men’s group. (3) The members of the justice group who represent the council (also the voting members ) may vote on a question to be decided at a special meeting. (4) If more than 2 members of a main indigenous social grouping, or more than 2 members of the justice group who represent the Mapoon Women’s group or the Mapoon Men’s group are
83 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 11 (continued) present at a special meeting, the members of the justice group who represent the grouping or group— (a) may decide the grouping’s or group’s voting members for a question; and (b) if more than 1 question is to be decided, may decide that different members are the grouping’s or group’s voting members for different questions. (5) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the member presiding has a casting vote.
84 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13 Wujal Wujal Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 13 In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Jalungi Kuku Nyungkul Kuku Yalanji traditional owners of the community government area of the Wujal Wujal Shire Council. nominating entity means— (a) a main indigenous social grouping; or (b) each of the following groups of indigenous persons in the community government area of the Wujal Wujal Shire Council— (i) the elders’ group; (ii) the health group; (iii) the men’s group; (iv) the women’s group. special meeting see section 10(2).
85 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 13 (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Wujal Wujal Shire Council is Wujal Wujal Warranga Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 16 but not more than 32 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) Each nominating entity must nominate 2 persons, and may nominate up to 4 persons, to be members of the justice group. (2) A nominating entity may, at any time, withdraw a nomination made by it. (3) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following—
86 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13 (continued) (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) is absent from 5 consecutive special meetings without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5.
87 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13 (continued) (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition.
88 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13 (continued) (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 10 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by at least 5 members of the justice group who represent at least 5 different nominating entities. 12 Quorum for special meeting A quorum for a special meeting is 6, at least 5 of whom must each represent a different nominating entity. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 10 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
89 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13 (continued) 14 Voting at special meeting (1) Only 1 member (the voting member ) nominated by each nominating entity that is represented at a special meeting may vote on a question to be decided at the meeting. (2) If more than 1 representative of a nominating entity is present at a special meeting, the members of the justice group who represent the entity— (a) may decide the entity’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the entity’s voting member for different questions. (3) A question at a special meeting is to be decided by a majority of the votes of the voting members for the question, and if the votes are equal, the question is decided in the negative.
90 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13A Yarrabah Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 13A In this schedule— council means the Yarrabah Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Gungaandji Yindinji historical residents of the community government area of the Yarrabah Shire Council. nominating entity means the following entities— (a) a main indigenous social grouping; (b) the council; (c) Yarrabah Aboriginal Corporation for Women ABN 24 891 650 266; (d) Gurriny Yealamucka (Good Health) Services Aboriginal Corporation ABN 31 210 982 991; (e) Yarrabah Seahawks Rugby League Football and Sports Club Aboriginal Corporation ABN 53 412 591 075; (f) Yarrabah Police Citizens Youth Club; (g) the chief executive of the department in which the Education (General Provisions) Act 2006 is administered;
91 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13A (continued) (h) the chief executive of the department in which the Health Services Act 1991 is administered. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Yarrabah Shire Council is Yarrabah Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 13 but not more than 68 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the community government area of the Yarrabah Shire Council. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 4 persons, and may nominate up to 20 persons, who are members of the grouping to be members of the justice group.
92 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13A (continued) (2) The council— (a) may nominate 1 person to be members of the justice group as a representative of the council; and (b) must nominate 1 person to be members of the justice group as a representative of the Yarrabah Youth Leisure Centre. (3) Each other nominating entity may nominate 1 person to be a member of the justice group. (4) A nominating entity may, at any time, withdraw a nomination made by it. (5) A nominating entity must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (6) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1), (2) or (3) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the nominating entity that nominated the person, or withdrew the person’s nomination.
93 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13A (continued) (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the nominating entity that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(6); and (b) ending on the day the member’s office becomes vacant under section 7(1).
94 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 Schedule 13A (continued) Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) 11 of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 11 Section 19(1)(a), (c), (d) or (e) of the Act— 19 Functions and powers (1) The community justice group for a community area has the following functions— (a) taking part in court hearings and sentencing and bail processes as provided for in the Bail Act 1980 , the Juvenile Justice Act 1992 and the Penalties and Sentences Act 1992 ; (b) . . . ; (c) supporting indigenous victims and offenders at all stages of the legal process; (d) making recommendations to the Minister administering the Liquor Act 1992 , part 6A, about declarations under that part; (e) carrying out other functions given to it under this or another Act.
95 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13A (continued) 12 Quorum for special meeting (1) A quorum for a special meeting of the justice group is 10. (2) A quorum must include— (a) at least 1 representative of each main indigenous social grouping; and (b) if the justice group includes a representative of— (i) only 1 other nominating entity—that representative; or (ii) 2 or more other nominating entities—representatives of at least 2 other nominating entities. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) For each main indigenous social grouping, only 1 member who represent the grouping (the voting member ) may vote on a question to be decided at a special meeting. (2) If more than 1 member of a main indigenous social grouping is present at a special meeting, the members of the justice group who represent the grouping— (a) may decide the grouping’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s voting member for different questions. (3) A question at a special meeting of the justice group is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
96 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13B Palm Island Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 13B In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Manbarra Bwgcolman. special meeting see section 10(2). Part 2 Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Palm Island Shire Council is the Palm Island Community Justice Group.
97 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 13B (continued) Membership 3 Number of members The justice group comprises at least 10 but not more than 40 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment; and (c) for a person in the main indigenous social grouping called Bwgcolman— (i) lives in the community government area of the Palm Island Shire Council; and (ii) has lived in the area for at least 1 year immediately before the person is nominated as a member. 5 Nomination, and withdrawal of nomination, of members (1) The main indigenous social grouping called Manbarra must nominate 1 person who is a member of the grouping to be a member of the justice group. (2) The main indigenous social grouping called Bwgcolman must nominate at least 9 persons, and may nominate up to 39 persons, who are members of the grouping to be members of the justice group.
98 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13B (continued) (3) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (4) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) or (2) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated or withdrew the nomination of the person. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member—
99 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13B (continued) (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the earlier of the following— (i) 4 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 7(1). (2) If the office of a member (the former member ) becomes vacant under section 7(1), a person nominated to fill the vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. (3) If the term of office of a member ( former member ) ends under subsection (1)(b)(i), the former member may continue to act as a member in the office left vacant by the former member until the vacancy is filled.
100 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 Schedule 13B (continued) Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 6. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members present and, if the votes are equal, the question is decided in the negative.
101 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13C Hope Vale Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 13C In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Binhthi Buurnga Dharrpa Dingaal Gamaay Gulaal Ngaatha Nguurruumunga Nguymbaarr Nguymbaarr Nugal Thanil Thiithaar Thuubi historical residents of the community government area of the Hope Vale Shire Council. special meeting see section 10(2).
102 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 13C (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the community government area of the Hope Vale Shire Council is Thurrbiil Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 14 but not more than 28 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is a member of a main indigenous social grouping; and (b) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment.
103 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13C (continued) 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate 2 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister in writing of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member.
104 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13C (continued) 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1).
105 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 4 Schedule 13C (continued) Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by 10 or more members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 10 of its members, at least 8 of whom must each represent a different main indigenous social grouping. 13 Presiding at special meeting (1) Subsection (2) applies if the justice group has elected a member (the elected member ) of the group to be the chairperson. (2) At a special meeting, the elected member is to preside. (3) Subsection (4) applies if— (a) at a special meeting, the elected member is not present; or
106 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13C (continued) (b) when a special meeting is held, there is no elected member. (4) At the special meeting, a member of the justice group chosen by the members present is to preside. 14 Voting at special meeting (1) For each main indigenous social grouping, only 1 member who represents the grouping (the voting member ) may vote on a question to be decided at a special meeting. (2) If 2 members of a main indigenous social grouping are present at a special meeting, the members of the justice group who represent the grouping— (a) may decide the grouping’s voting member for a question; and (b) if more than 1 question is to be decided, may decide that a different member is the grouping’s voting member for different questions. (3) A question at a special meeting of the justice group is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
107 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13D Mornington Community Justice Group section 3 Part 1 Preliminary 1 Definitions for sch 13D In this schedule— historical social grouping means the group of indigenous persons, other than persons who are members of a tribal group, who have a historical association with the land that is, or is part of, the Shire of Mornington. main indigenous social grouping means each of the following groups of indigenous persons— each of the tribal groups the historical social grouping. special meeting see section 10(2). tribal group means each of the following tribal groups of indigenous persons under Aboriginal custom— Kiadilt Lardil (Leeward) Lardil (Windward) Yungal.
108 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 2 Schedule 13D (continued) Name of community justice group 2 Name—Act, s 18(2) The name of the community justice group for the Shire of Mornington is Junkuri Laka Community Justice Group. Part 3 Membership 3 Number of members The justice group comprises at least 5 but not more than 15 members. 4 Eligibility A person is eligible to be a member of the justice group if the person— (a) is an Aborigine or Torres Strait Islander who is a member of a main indigenous social grouping; and (b) lives in the Shire of Mornington; and (c) does not have a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) another offence, other than an offence involving the non-payment of a fine, for which the penalty imposed was, or included, a period of imprisonment.
109 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13D (continued) 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person, and may nominate up to 3 persons, who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister in writing of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member.
110 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13D (continued) 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 3 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership (1) Subject to subsection (2), a member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the earlier of the following— (i) 2 years after the day the member’s nomination takes effect; (ii) the day the member’s office becomes vacant under section 7(1).
111 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13D (continued) (2) If the office of a member (the former member ) becomes vacant under section 7(1), a person appointed to fill the resulting vacancy holds office until the day the former member’s term would have ended if the former member’s office had not become vacant. (3) If the term of office of a member ( former member ) ends under subsection (1)(b)(i), the former member may continue to act as a member in the office left vacant by the former member until the vacancy is filled. Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group.
112 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 13D (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5 of its members, at least 3 of whom must each represent a different main indigenous social grouping. 13 Presiding at special meeting (1) Subsection (2) applies if the justice group has decided that a particular member of the justice group is to be the president of the group. (2) At a special meeting, the president is to preside. (3) Subsection (4) applies if— (a) at a special meeting, the president is not present; or (b) when a special meeting is held, there is no president. (4) At the special meeting, a member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
113 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14 Injinoo Community Justice Group section 4 Part 1 Preliminary 1 Definitions for sch 14 In this schedule— Injinoo community area means the part of the local government area of NPARC that, immediately before the changeover day, was the community government area of the Injinoo Shire Council. main indigenous social grouping means each of the following groups of indigenous persons— Angkamuthi Atambaya Gudang Yadhaykenu historical residents of the Injinoo community area. special meeting see section 10(2). Part 2 Name of community justice group 2 Name The name of the community justice group for the Injinoo community area is Ikama Ikya Community Justice Group.
114 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 14 (continued) Membership 3 Number of members The justice group comprises at least 5 but not more than 10 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Injinoo community area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping— (a) must nominate 1 person who is a member of the grouping to be a member of the justice group; and (b) may nominate up to 9 persons who are members of the grouping to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice.
115 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14 (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing.
116 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14 (continued) 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group.
117 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14 (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
118 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14A New Mapoon Community Justice Group section 4 Part 1 Preliminary 1 Definitions for sch 14A In this schedule— main indigenous social grouping means each of the following groups of indigenous persons— Aboriginal people Torres Strait Islanders traditional owners of the New Mapoon community area. New Mapoon community area means the part of the local government area of NPARC that, immediately before the changeover day, was the community government area of the New Mapoon Shire Council. special meeting see section 10(2). Part 2 Name of community justice group 2 Name The name of the community justice group for the New Mapoon community area is Mandthingu Community Justice Group.
119 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 14A (continued) Membership 3 Number of members The justice group comprises at least 3 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the New Mapoon community area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person who is a member of the grouping to be a member of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice.
120 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14A (continued) (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy.
121 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14A (continued) 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5.
122 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14A (continued) 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
123 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14B Umagico Community Justice Group section 4 Part 1 Preliminary 1 Definitions for sch 14B In this schedule— main indigenous social grouping means each of the following groups of indigenous persons who live in the Umagico community area— Aboriginal people Torres Strait Islanders. special meeting see section 10(2). Umagico community area means the part of the local government area of NPARC that, immediately before the changeover day, was the community government area of the Umagico Shire Council. Part 2 Name of community justice group 2 Name The name of the community justice group for the Umagico community area is the Umagico Community Justice Group.
124 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 14B (continued) Membership 3 Number of members The justice group comprises at least 4 but not more than 21 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Umagico community area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping— (a) must nominate at least 2 persons who are members of the grouping to be members of the justice group; and (b) may nominate up to 8 other persons to be members of the justice group. (2) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice.
125 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14B (continued) 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member of the justice group; or (iv) is absent from 5 consecutive special meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing.
126 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14B (continued) 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group.
127 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14B (continued) 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question, and if the votes are equal, the question is decided in the negative.
128 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14C Bamaga Community Justice Group section 4A Part 1 Preliminary 1 Definitions for sch 14C In this schedule— Bamaga community area means the part of the local government area of NPARC that is within the relevant Bamaga area. main indigenous social grouping means each of the following groups of indigenous persons who live in the Bamaga community area— Aboriginal people Torres Strait Islanders the historical residents of the Bamaga community area the traditional owners of the Bamaga community area. special meeting see section 10(2). Part 2 Name of community justice group 2 Name The name of the community justice group for the Bamaga community area is the Bamaga Mina Kodomir (Proper Voice) Community Justice Group.
129 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 14C (continued) Membership 3 Number of members The justice group comprises at least 5 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of a main indigenous social grouping and lives in the Bamaga community area. 5 Nomination, and withdrawal of nomination, of members (1) Each main indigenous social grouping must nominate at least 1 person to be a member of the justice group. (2) Each person nominated by a main indigenous social grouping must be a member of the grouping. (3) A main indigenous social grouping may, at any time, withdraw a nomination made by it. (4) A main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (5) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice.
130 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14C (continued) (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5. (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy.
131 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14C (continued) 9 Term of membership A member of the justice group holds office for the term— (a) starting on the day the member’s nomination takes effect under section 5(5); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Aboriginal tradition or Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5.
132 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14C (continued) 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside. 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
133 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14D Seisia Community Justice Group section 4A Part 1 Preliminary 1 Definitions for sch 14D In this schedule— main indigenous social grouping means the group of Torres Strait Islanders who live in the Seisia community area. Seisia community area means the part of the local government area of NPARC that is within the relevant Seisia area. special meeting see section 10(2). Part 2 Name of community justice group 2 Name The name of the community justice group for the Seisia community area is Ibopuydhan Balbygimaipa Community Justice Group.
134 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Part 3 Schedule 14D (continued) Membership 3 Number of members The justice group comprises at least 5 but not more than 20 members. 4 Eligibility A person is eligible to be a member of the justice group if the person is a member of the main indigenous social grouping. 5 Nomination, and withdrawal of nomination, of members (1) The main indigenous social grouping must nominate at least 5 persons to be members of the justice group. (2) The main indigenous social grouping may, at any time, withdraw a nomination made by it. (3) The main indigenous social grouping must advise the Minister of each nomination, or withdrawal of a nomination, made by it. (4) A nomination, or withdrawal of a nomination, takes effect on the later of the following— (a) the day the Minister notifies the nomination, or withdrawal of the nomination, by gazette notice under section 6(1) or (2); (b) the day stated in the gazette notice. 6 Notification by Minister (1) The Minister must, if satisfied a person nominated under section 5(1) is eligible for membership of the justice group, give notice of the nomination by gazette notice. (2) Also, the Minister must, by gazette notice, give notice of a withdrawal of a nomination about which the Minister is advised under section 5.
135 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14D (continued) (3) The gazette notice must include the following information— (a) the name of the person who is nominated or whose nomination is withdrawn; (b) the main indigenous social grouping that nominated the person or withdrew the person’s nomination. (4) The Minister may, from time to time by gazette notice, give notice of the members of the justice group and the main indigenous social grouping that nominated each member. 7 Vacation of office (1) The office of a member of the justice group becomes vacant if— (a) the member— (i) dies; or (ii) resigns office by notice given to the coordinator for the justice group; or (iii) ceases to be eligible to be a member; or (iv) is absent from 5 consecutive meetings of the justice group without the justice group’s permission and without reasonable excuse; or (b) the member’s nomination is withdrawn under section 5. (2) A notice mentioned in subsection (1)(a)(ii) may be given orally or in writing. 8 Coordinator to advise Minister of vacancy The coordinator for the justice group must, as soon as practicable after a member’s office becomes vacant under section 7(1)(a), advise the Minister of the vacancy. 9 Term of membership A member of the justice group holds office for the term—
136 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 14D (continued) (a) starting on the day the member’s nomination takes effect under section 5(4); and (b) ending on the day the member’s office becomes vacant under section 7(1). Part 4 Business and meetings 10 Conduct of business (1) Subject to this part, the justice group may conduct its business, including its meetings, in the way it considers appropriate, including, for example, by following Island custom. (2) The justice group may only make decisions about business relating to its functions under section 19(1)(a), (c), (d) or (e) of the Act at a meeting at which the coordinator for the justice group is present (a special meeting ). 11 Times and places of special meetings (1) Special meetings must be held at the times and places the justice group decides. (2) However, the coordinator for the justice group may call a special meeting at any time, and must call a special meeting if asked by a majority of members of the justice group. 12 Quorum for special meeting A quorum for a special meeting of the justice group is 5. 13 Presiding at special meeting At a special meeting, the member of the justice group chosen by the members present is to preside.
137 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 14 Voting at special meeting A question at a special meeting is to be decided by a majority of the votes of the members voting on the question and, if the votes are equal, the question is decided in the negative.
138 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 15 Prescribed community areas section 5 Shire of Aurukun Shire of Mornington the community government area of the Lockhart River Shire Council the community government area of the Woorabinda Shire Council
s 14 139 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Schedule 16 Dictionary s 14 section 2 allocation report , for part 3A, see section 5F(a). changeover day means 15 March 2008. Note 15 March 2008 is the changeover day declared under the Local Government Act 1993 , section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1680. councillor , of a community government, includes the community government’s mayor. dissolution day , for part 3A, see section 5A. grant agreement , for part 3A, see section 5A. ICC , for part 3A, see section 5A. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 12 applies to the indictable offence. justice group , for a relevant schedule or schedules 14 to 14D, means the community justice group named in the schedule. local transition committees , for part 3A, see section 5A. relevant schedule means a schedule of this regulation other than schedules 14 to 15 or this schedule. 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. 12 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
140 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .140 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 7 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2008. Future amendments of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
141 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D 1E 1F Amendments to 1998 SL No. 274 2000 SL No. 9 2000 SL No. 49 2000 SL No. 192 2000 SL No. 240 2002 SL No. 51 2002 SL No. 85 Effective 9 October 1998 22 January 2000 24 March 2000 7 July 2000 15 September 2000 22 March 2002 26 April 2002 Reprint date 12 October 1998 8 February 2000 6 April 2000 21 July 2000 25 September 2000 5 April 2002 10 May 2002 Reprint No. 1G 2 2A 2B 2C rv Amendments included 2002 SL No. 200 2002 SL No. 375 2003 SL No. 74 2003 SL No. 97 Effective 16 August 2002 16 August 2002 30 December 2002 24 April 2003 30 May 2003 Notes R1G withdrawn, see R2
142 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Reprint No. 2D 2E 2F 2G 3 3A 3B 3C rv 3D rv 4 4A 4B 4C 4D 4E 4F 5 Amendments included 2003 SL No. 198 2003 SL No. 301 2003 SL No. 365 2003 SL No. 384 2003 SL No. 385 2004 SL No. 18 2004 SL No. 35 2004 SL No. 82 2004 SL No. 318 2004 SL No. 280 2004 SL No. 318 2006 SL No. 65 2006 SL No. 69 2006 SL No. 246 2007 SL No. 184 2008 SL No. 37 2008 SL No. 50 2008 SL No. 97 Effective 29 August 2003 28 November 2003 19 December 2003 23 December 2003 12 March 2004 8 April 2004 18 June 2004 1 January 2005 1 March 2005 1 March 2005 13 April 2006 21 April 2006 30 October 2006 17 September 2007 29 February 2008 15 March 2008 1 July 2008 Notes Regulation renumbered 5 List of legislation Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 SL No. 192 (prev Aboriginal Communities (Justice and Land Matters) Regulation 1998; orig Community Services (Aborigines) Regulation 1998) made by the Governor in Council on 23 June 1998 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notification exp 1 September 2008 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Community Services Legislation Amendment Regulation (No. 1) 1998 SL No. 274 pts 1–2 notfd gaz 9 October 1998 pp 489–91 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2000 SL No. 5 pts 1–2 notfd gaz 21 January 2000 pp 192–3 commenced on date of notification
143 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Community Services (Aborigines) and Other Legislation Amendment Regulation (No. 1) 2000 SL No. 9 pts 1–2 notfd gaz 21 January 2000 pp 192–3 ss 1–2 commenced on date of notification remaining provisions commenced 22 January 2000 (see s 2 and 2000 SL No. 5) Community Services Legislation Amendment Regulation (No. 2) 2000 SL No. 49 pts 1–2 notfd gaz 24 March 2000 pp 1130–1 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2000 SL No. 192 notfd gaz 7 July 2000 pp 857–8 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2000 SL No. 240 notfd gaz 15 September 2000 pp 222–5 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2002 SL No. 51 notfd gaz 22 March 2002 pp 1112–13 commenced on date of notification Community Services Legislation Amendment Regulation (No. 1) 2002 SL No. 85 pts 1–2 notfd gaz 26 April 2002 pp 1540–3 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2002 SL No. 200 notfd gaz 16 August 2002 pp 1420–1 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 3) 2002 SL No. 375 notfd gaz 20 December 2002 pp 1359–63 ss 1–2 commenced on date of notification remaining provisions commenced 30 December 2002 (see s 2) Community Services Legislation Amendment Regulation (No. 1) 2003 SL No. 74 pts 1–2 notfd gaz 24 April 2003 pp 1436–7 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2003 SL No. 97 notfd gaz 30 May 2003 pp 371–6 commenced on date of notification Community Services Legislation Amendment Regulation (No. 2) 2003 SL No. 198 pts 1–2 notfd gaz 29 August 2003 pp 1443–4 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2003 SL No. 301 notfd gaz 28 November 2003 pp 1032–5 commenced on date of notification
144 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Community Services (Aborigines) Amendment Regulation (No. 3) 2003 SL No. 365 notfd gaz 19 December 2003 pp 1307–13 commenced on date of notification Community Services Legislation Amendment Regulation (No. 3) 2003 SL No. 384 pts 1–2 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 4) 2003 SL No. 385 notfd gaz 23 December 2003 pp 1325–6 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 1) 2004 SL No. 18 notfd gaz 12 March 2004 pp 966–7 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 2) 2004 SL No. 35 notfd gaz 8 April 2004 pp 1391–3 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 3) 2004 SL No. 82 notfd gaz 18 June 2004 pp 506–7 commenced on date of notification Community Services (Aborigines) Amendment Regulation (No. 4) 2004 SL No. 280 notfd gaz 10 December 2004 pp 1195–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2005 (see s 2) Community Services Legislation Amendment and Repeal Regulation (No. 1) 2004 SL No. 318 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification s 23 commenced 1 March 2005 (see s 2(2)) remaining provisions commenced 1 January 2005 (see s 2(1)) Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2006 SL No. 65 notfd gaz 13 April 2006 pp 1463–4 commenced on date of notification Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 SL No. 69 notfd gaz 21 April 2006 pp 1544–5 commenced on date of notification Education (General Provisions) Regulation 2006 SL No. 246 ss 1, 2(3), 90(1) sch 1 notfd gaz 6 October 2006 pp 577–80 ss 1–2 commenced on date of notification remaining provisions commenced 30 October 2006 (see s 2(3))
145 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2007 SL No. 184 notfd gaz 3 August 2007 pp 1785–6 ss 1–2 commenced on date of notification remaining provisions commenced 17 September 2007 (see s 2) Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 1) 2008 SL No. 37 pts 1, 2 notfd gaz 29 February 2008 pp 1012–14 commenced on date of notification Justice and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 50 pts 1–2 notfd gaz 7 March 2008 pp 1151–2 ss 1–2 commenced on date of notification remaining provisions commenced 15 March 2008 (see s 2) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Amendment Regulation (No. 1) 2008 SL No. 97 notfd gaz 18 April 2008 pp 2085–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Note—An explanatory note was prepared 6 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 7. Short title s 1 sub 2004 SL No. 318 s 4 amd 2008 SL No. 50 s 4 Definitions s 2 sub 2004 SL No. 318 s 4 amd 2006 SL No. 69 s 3 PART 2—COMMUNITY JUSTICE GROUPS pt hdg prev pt 2 hdg om 2004 SL No. 318 s 5 pres pt 2 hdg ins 2002 SL No. 375 s 4 Establishment of community justice groups—Act, s 18(1) s 3 prev s 3 om 2003 SL No. 384 s 3 pres s 3 ins 2002 SL No. 375 s 4 amd 2008 SL No. 50 s 5 Community justice groups continued under Act, s 84 s 4 prev s 4 om 2004 SL No. 318 s 5 pres s 4 ins 2003 SL No. 74 s 3 sub 2008 SL No. 50 s 6 Community justice groups continued under Act, s 85 s 4A ins 2008 SL No. 50 s 6
146 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Division 1—Membership div hdg om 2004 SL No. 318 s 5 (incl in orig pt 2) Division 2—Qualifications and disqualifications for membership of Aboriginal council div hdg om 2004 SL No. 318 s 5 (incl in orig pt 2) Division 3—Term of office and vacancies in office div hdg om 2004 SL No. 318 s 5 (incl in orig pt 2) Division 4—Provisions for Mapoon Aboriginal Council area div hdg ins 2000 SL No. 9 s 4 om 2004 SL No. 318 s 5 (incl in orig pt 2) PART 3—PRESCRIBED COMMUNITY AREAS pt hdg prev pt 3 hdg om 2004 SL No. 318 s 5 pres pt 3 hdg ins 2004 SL No. 280 s 4 Prescribed community areas s 5 prev s 5 om 2004 SL No. 318 s 5 pres s 5 ins 2004 SL No. 280 s 4 sub 2007 SL No. 184 s 4 Division 1—Appointment of chairperson and related matters div hdg om 2004 SL No. 318 s 5 (incl in orig pt 3) Division 2—Direct election of chairperson div hdg om 2004 SL No. 318 s 5 (incl in orig pt 3) PART 3A—TRANSITIONAL MATTERS FOR ISLAND COORDINATING COUNCIL pt hdg ins 2008 SL No. 37 s 3 Division 1—Preliminary div 1 (ss 5A–5B) ins 2008 SL No. 37 s 3 Division 2—Role of TSIRC div 2 (ss 5C–5D) ins 2008 SL No. 37 s 3 Division 3—Financial matters div 3 (ss 5E–5J) ins 2008 SL No. 32 s 3 Division 4—Employment matters div 4 (ss 5K–5L) ins 2008 SL No. 32 s 3 Division 5—General div 5 (ss 5M–5P) ins 2008 SL No. 32 s 3 PART 4—TRANSITIONAL PROVISIONS pt hdg prev pt 4 hdg om 2004 SL No. 318 s 5 pres pt 4 hdg ins 2000 SL No. 5 s 6 amd 2002 SL No. 375 s 5 Division 1—Transitional provisions for regulations commencing before 15 March 2008 div hdg ins 2008 SL No. 50 s 7
147 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2002 s 6 prev s 6 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 pres s 6 ins 2002 SL No. 375 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 1) 2003 s 7 prev s 7 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 pres s 7 ins 2003 SL No. 97 s 6 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 2) 2003 s 8 prev s 8 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 pres s 8 ins 2003 SL No. 301 s 3 Transitional provision for Community Services (Aborigines) Amendment Regulation (No. 3) 2003 prov hdg amd 2000 SL No. 5 s 3 s 9 prev s 9 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 pres s 9 ins 2003 SL No. 365 s 3 Transitional provision for Aboriginal Communities (Justice and Land Matters) Amendment Regulation (No. 2) 2006 s 10 prev s 10 sub 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5 pres s 10 ins 2006 SL No. 69 s 4 Division 2—Transitional provisions for Justice and Other Legislation Amendment Regulation (No. 1) 2008 div hdg ins 2008 SL No. 50 s 8 Existing nominations s 11 prev s 11 amd 2003 SL No. 97 s 3 sub 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5 pres s 11 ins 2008 SL No. 50 s 8 Disqualification and vacation of office for certain offences s 11A ins 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5 Review of lawfulness of membership of Aboriginal council s 11B ins 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5 Councillor ceases to be councillor on becoming candidate for the Legislative Assembly s 11C ins 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5
148 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Termination of Aboriginal council employment on becoming councillor s 11D ins 2003 SL No. 384 s 4 om 2004 SL No. 318 s 5 Existing membership for Injinoo Community Justice Group s 12 prev s 12 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 pres s 12 ins 2008 SL No. 50 s 8 When councillor’s office becomes vacant s 13 amd 2000 SL No. 5 s 3; 2003 SL No. 384 s 5 om 2004 SL No. 318 s 5 Filling of earlier vacancies by by-election s 14 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Filling of later vacancies by appointment s 15 om 2004 SL No. 318 s 5 Purpose of div 4 s 15A ins 2000 SL No. 9 s 4 om 2004 SL No. 318 s 5 Establishment of Mapoon Aboriginal Council and its first election s 15B ins 2000 SL No. 9 s 4 om 2004 SL No. 318 s 5 Interim council clerk s 15C ins 2000 SL No. 9 s 4 om 2004 SL No. 318 s 5 Budget to 30 June 2000 s 15D ins 2000 SL No. 9 s 4 om 2004 SL No. 318 s 5 Membership of Aboriginal councils s 16 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Duration of appointment of chairperson s 17 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Vacating office of chairperson s 18 om 2004 SL No. 318 s 5 Office of chairperson may be declared vacant s 19 om 2004 SL No. 318 s 5 Process for direct election s 20 om 2004 SL No. 318 s 5 Proposal for direct election s 21 om 2004 SL No. 318 s 5
149 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Resolution of Aboriginal council s 22 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Petition by electors of area s 23 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Minister to make decision about resolution or petition s 24 om 2004 SL No. 318 s 5 Direct election of chairperson takes effect at next election s 25 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Election of councillors s 26 om 2004 SL No. 318 s 5 PART 5—ABORIGINAL COUNCIL MEETINGS pt hdg om 2004 SL No. 318 s 5 Division 1—Post-election meetings div hdg om 2004 SL No. 318 s 5 (incl in orig pt 5) Post-election meetings s 27 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Agenda of post-election meetings s 28 om 2004 SL No. 318 s 5 Clerk to preside at post-election meetings s 29 om 2004 SL No. 318 s 5 Division 2—Meetings generally div hdg om 2004 SL No. 318 s 5 (incl in orig pt 5) Other meetings s 30 om 2004 SL No. 318 s 5 Place of meetings s 31 om 2004 SL No. 318 s 5 Quorum at meetings s 32 om 2004 SL No. 318 s 5 Procedure at meetings s 33 amd 2000 SL No. 49 s 3 om 2004 SL No. 318 s 5 Minutes must be kept s 34 om 2004 SL No. 318 s 5 Adjournment of meetings s 35 om 2004 SL No. 318 s 5
150 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Notice of meetings s 36 om 2004 SL No. 318 s 5 Repeal or amendment of resolutions s 37 om 2004 SL No. 318 s 5 Minutes to be kept and confirmed s 38 om 2004 SL No. 318 s 5 Meetings in public unless otherwise resolved s 39 om 2004 SL No. 318 s 5 Meetings may be closed for limited reasons s 40 om 2004 SL No. 318 s 5 Public notice of meetings s 41 om 2004 SL No. 318 s 5 Public notice of resolution authorising remuneration s 42 amd 2003 SL No. 198 s 3 om 2004 SL No. 318 s 5 Inspection of minutes of meetings and their purchase s 43 om 2004 SL No. 318 s 5 PART 6—FINANCIAL ADMINISTRATION pt hdg om 2004 SL No. 318 s 5 Division 1—Financial administration of Aboriginal councils div hdg om 2004 SL No. 318 s 5 (incl in orig pt 6) Community funds s 44 amd 2002 SL No. 85 s 3 om 2004 SL No. 318 s 5 General fund of Aboriginal council s 45 om 2004 SL No. 318 s 5 Trust fund of Aboriginal council s 46 om 2004 SL No. 318 s 5 Administration and financial procedures manual s 47 om 2004 SL No. 318 s 5 Financial information to be presented to post-election meeting s 48 om 2004 SL No. 318 s 5 Approved forms for annual financial statements s 49 amd 2003 SL No. 97 s 4 om 2004 SL No. 318 s 5 Division 2—Register of councillor’s pecuniary interests div hdg om 2004 SL No. 318 s 5 (incl in orig pt 6) Register of pecuniary interest disclosures s 50 om 2004 SL No. 318 s 5
151 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 PART 7—CLERK OF ABORIGINAL COUNCIL pt 7 (ss 51–53) om 2004 SL No. 318 s 5 PART 8—ABORIGINAL COURTS pt 8 (ss 54–57) om 2004 SL No. 318 s 5 PART 9—ABORIGINAL COORDINATING COUNCIL pt hdg om 2004 SL No. 318 s 5 Division 1—Chairperson and deputy chairperson of Aboriginal Coordinating Council div hdg om 2004 SL No. 318 s 5 (incl in orig pt 9) Appointment of chairperson and deputy chairperson s 58 amd 2000 SL No. 5 s 3 om 2004 SL No. 318 s 5 Vacating office of chairperson or deputy chairperson s 59 om 2004 SL No. 318 s 5 Office of chairperson or deputy chairperson may be declared vacant s 60 om 2004 SL No. 318 s 5 Quorum for meetings of executive committee s 61 om 2004 SL No. 318 s 5 Division 2—Financial administration of Aboriginal Coordinating Council div 2 (ss 62–64) om 2004 SL No. 318 s 5 (incl in orig pt 9) PART 10—ABORIGINAL COUNCIL AREAS pt hdg ins 2000 SL No. 5 s 5 om 2004 SL No. 318 s 5 Declaration of council areas—Act, s 39 prov hdg amd 2003 SL No. 97 s 5 s 64A ins 2000 SL No. 5 s 5 om 2004 SL No. 318 s 5 PART 11—MISCELLANEOUS pt hdg orig pt 11 hdg exp 26 June 1998 (see prev s 68) prev pt 11 hdg (orig pt 10 hdg) renum 2000 SL No. 5 s 4 om 2004 SL No. 318 s 5 Division 1—Forms div hdg ins 2000 SL No. 240 s 3 (incl in orig pt 11) om 2004 SL No. 318 s 5 Forms s 65 om 2004 SL No. 318 s 5 Division 2—Financial controllers div hdg ins 2000 SL No. 240 s 4 (incl in orig pt 11) om 2004 SL No. 318 s 5
152 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Appointment of financial controller—Lockhart River Aboriginal Council prov hdg amd 2000 SL No. 240 s 5 s 65A ins 2000 SL No. 192 s 3 sub 2002 SL No. 51 s 3; 2002 SL No. 200 s 3; 2003 SL No. 385 s 3; 2004 SL No. 35 s 3; 2004 SL No. 82 s 3 om 2004 SL No. 318 s 5 Appointment of financial controller—Palm Island Aboriginal Council s 65B orig s 65B ins 2000 SL No. 240 s 6 om 2002 SL No. 51 s 3 prev s 65B ins 2004 SL No. 18 s 3 om 2004 SL No. 318 s 5 Transitional provision for Community Services Legislation Amendment (No. 1) Regulation 2000 s 66 orig s 66 exp 26 June 1998 (see prev s 68) prev s 66 ins 2000 SL No. 5 s 6 om 2004 SL No. 318 s 6 Repeal s 67 exp 26 June 1998 (see prev s 68) Expiry of part s 68 exp 26 June 1998 (see prev s 68) Transitional provisions for Community Services Legislation Amendment Regulation (No. 3) 2003 s 70 ins 2003 SL No. 384 s 6 om 2004 SL No. 318 s 6 PART 13—PROVISION FOR REPRINTING REGULATION pt 13 (s 72) ins 2004 SL No. 318 s 7 om R4 (see RA ss 7(1)(k) and 37) SCHEDULE 1—AURUKUN COMMUNITY JUSTICE GROUP prev sch 1 sub 1998 SL No. 274 s 3 amd 2000 SL No. 5 ss 3, 7–15; 2002 SL No. 85 ss 4–24; 2003 SL No. 198 ss 4–6; 2003 SL No. 384 s 7 om 2004 SL No. 318 s 8 pres sch 1 ins 2002 SL No. 375 s 7 SCHEDULE 1A—DECLARATION OF COUNCIL AREAS ins 2000 SL No. 5 s 16 amd 2000 SL No. 9 s 5; 2002 SL No. 85 s 25 om 2004 SL No. 318 s 8 SCHEDULE 2—DOOMADGEE COMMUNITY JUSTICE GROUP sch 2 ins 2003 SL No. 97 s 7 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 97 s 7
153 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Definitions for sch 2 s 1 ins 2003 SL No. 97 s 7 def “council” amd 2004 SL No. 318 s 9(1) def “nominating entity” amd 2006 SL No. 246 s 90(1) sch 1 PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 97 s 7 Name—Act, s 18(2) s 2 ins 2003 SL No. 97 s 7 amd 2004 SL No. 318 s 9(2) PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 97 s 7 Number of members s 3 ins 2003 SL No. 97 s 7 Nomination, and withdrawal of nomination, of members s 4 ins 2003 SL No. 97 s 7 amd 2006 SL No. 246 s 90(1) sch 1 Notification by Minister s 5 ins 2003 SL No. 97 s 7 Vacation of office s 6 ins 2003 SL No. 97 s 7 Coordinator to advise Minister of vacancy s 7 ins 2003 SL No. 97 s 7 Term of membership s 8 ins 2003 SL No. 97 s 7 amd 2008 SL No. 50 s 9 PART 4—BUSINESS AND MEETINGS pt 4 (ss 9–13) ins 2003 SL No. 97 s 7 SCHEDULE 3—NAPRANUM COMMUNITY JUSTICE GROUP sch 3 ins 2003 SL No. 97 s 7 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 97 s 7 Definitions for sch 3 s 1 ins 2003 SL No. 97 s 7 def “council” amd 2004 SL No. 318 s 10(1) def “main indigenous social grouping” sub 2003 SL No. 301 s 4 def “Torres Strait Islander grouping” amd 2004 SL No. 318 s 10(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 97 s 7 Name—Act, s 18(2) s 2 ins 2003 SL No. 97 s 7 amd 2004 SL No. 318 s 10(2)
154 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 PART 3—MEMBERSHIP pt 3 (ss 3–8) ins 2003 SL No. 97 s 7 PART 4—BUSINESS AND MEETINGS pt 4 (ss 9–13) ins 2003 SL No. 97 s 7 SCHEDULE 4—INJINOO COMMUNITY JUSTICE GROUP sch 4 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Definitions for sch 4 s 1 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 def “council” amd 2004 SL No. 318 s 11(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 11(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 11(2) om 2008 SL No. 50 s 10 PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Number of members s 3 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Eligibility s 4 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 11(3) om 2008 SL No. 50 s 10 Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Notification by Minister s 6 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Vacation of office s 7 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10
155 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Term of membership s 9 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 SCHEDULE 5—KOWANYAMA COMMUNITY JUSTICE GROUP sch 5 ins 2003 SL No. 301 s 5 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 301 s 5 Definitions for sch 5 s 1 ins 2003 SL No. 301 s 5 def “council” amd 2004 SL No. 318 s 12(1) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 12(2) PART 3—MEMBERSHIP pt 3 (ss 3–9) ins 2003 SL No. 301 s 5 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 301 s 5 SCHEDULE 6—LOCKHART RIVER COMMUNITY JUSTICE GROUP sch 6 ins 2003 SL No. 301 s 5 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 301 s 5 Definitions for sch 6 s 1 ins 2003 SL No. 301 s 5 def “council” amd 2004 SL No. 318 s 13(1) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 13(2) PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 301 s 5
156 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Number of members s 3 ins 2003 SL No. 301 s 5 Eligibility s 4 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 13(3) Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 301 s 5 Notification by Minister s 6 ins 2003 SL No. 301 s 5 Vacation of office s 7 ins 2003 SL No. 301 s 5 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 301 s 5 Term of membership s 9 ins 2003 SL No. 301 s 5 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 301 s 5 SCHEDULE 7—PORMPURAAW COMMUNITY JUSTICE GROUP sch 7 ins 2003 SL No. 301 s 5 PART 1—PRELIMINARY pt 1 (s 1) ins 2003 SL No. 301 s 5 PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 14 PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 301 s 5 Number of members s 3 ins 2003 SL No. 301 s 5 Eligibility s 4 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 14 Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 301 s 5 Notification by Minister s 6 ins 2003 SL No. 301 s 5 Vacation of office s 7 ins 2003 SL No. 301 s 5
157 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 301 s 5 Term of membership s 9 ins 2003 SL No. 301 s 5 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 97 s 7 SCHEDULE 8—UMAGICO COMMUNITY JUSTICE GROUP sch 8 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Definitions for sch 8 s 1 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 def “council” amd 2004 SL No. 318 s 15(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 15(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 15(3) om 2008 SL No. 50 s 10 PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Number of members s 3 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Eligibility s 4 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 15(3) om 2008 SL No. 50 s 10 Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Notification by Minister s 6 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10
158 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Vacation of office s 7 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 Term of membership s 9 ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 301 s 5 om 2008 SL No. 50 s 10 SCHEDULE 9—WOORABINDA COMMUNITY JUSTICE GROUP sch 9 ins 2003 SL No. 301 s 5 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 301 s 5 Definitions for sch 9 s 1 ins 2003 SL No. 301 s 5 def “council” amd 2004 SL No. 318 s 16(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 16(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 301 s 5 Name—Act, s 18(2) s 2 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 16(3) PART 3—SELECTION COMMITTEE pt hdg ins 2003 SL No. 301 s 5 Establishment s 3 ins 2003 SL No. 301 s 5 Membership s 4 ins 2003 SL No. 301 s 5 amd 2004 SL No. 318 s 16(2); 2006 SL No. 246 s 90(1) sch 1 Functions s 5 ins 2003 SL No. 301 s 5 Conduct of business by selection committee s 6 ins 2003 SL No. 301 s 5 PART 4—MEMBERSHIP pt hdg ins 2003 SL No. 301 s 5 Number of members s 7 ins 2003 SL No. 301 s 5 amd 2006 SL No. 65 s 3
159 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Eligibility s 8 ins 2003 SL No. 301 s 5 Nomination, and withdrawal of nomination, of members s 9 ins 2003 SL No. 301 s 5 amd 2006 SL No. 65 s 3 Notification by Minister s 10 ins 2003 SL No. 301 s 5 Vacation of office s 11 ins 2003 SL No. 301 s 5 Coordinator to advise Minister of vacancy s 12 ins 2003 SL No. 301 s 5 Term of membership s 13 ins 2003 SL No. 301 s 5 PART 5—BUSINESS AND MEETINGS pt 5 (ss 14–18) ins 2003 SL No. 301 s 5 SCHEDULE 10—CHERBOURG COMMUNITY JUSTICE GROUP sch 10 ins 2003 SL No. 365 s 4 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 365 s 4 Definitions for sch 10 s 1 ins 2003 SL No. 365 s 4 def “council” amd 2004 SL No. 318 s 17(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 17(2); 2008 SL No. 50 s 11(1) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 365 s 4 Name—Act, s 18(2) s 2 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 17(3) PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 365 s 4 Number of members s 3 ins 2003 SL No. 365 s 4 Eligibility s 4 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 17(2), (4); 2008 SL No. 50 s 11(2) Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 17(1)–(2); 2008 SL No. 50 s 11(3)
160 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Notification by Minister s 6 ins 2003 SL No. 365 s 4 Vacation of office s 7 ins 2003 SL No. 365 s 4 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 365 s 4 Term of membership s 9 ins 2003 SL No. 365 s 4 amd 2008 SL No. 50 s 11(4)–(5) PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 365 s 4 SCHEDULE 11—MAPOON COMMUNITY JUSTICE GROUP sch 11 ins 2003 SL No. 365 s 4 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 365 s 4 Definitions for sch 11 s 1 ins 2003 SL No. 365 s 4 def “council” amd 2004 SL No. 318 s 18(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 18(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 365 s 4 Name—Act, s 18(2) s 2 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 18(3) PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 365 s 4 Number of members s 3 ins 2003 SL No. 365 s 4 Eligibility s 4 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 18(2) Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 18(2) Notification by Minister s 6 ins 2003 SL No. 365 s 4 Vacation of office s 7 ins 2003 SL No. 365 s 4 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 365 s 4
161 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Term of membership s 9 ins 2003 SL No. 365 s 4 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 365 s 4 SCHEDULE 12—NEW MAPOON COMMUNITY JUSTICE GROUP sch 12 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Definitions for sch 12 s 1 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 def “council” amd 2004 SL No. 318 s 19(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 19(2) PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Name—Act, s 18(2) s 2 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 19(3) om 2008 SL No. 50 s 12 PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Number of members s 3 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Eligibility s 4 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 19(2) om 2008 SL No. 50 s 12 Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Notification by Minister s 6 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Vacation of office s 7 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12
162 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 Term of membership s 9 ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 365 s 4 om 2008 SL No. 50 s 12 SCHEDULE 13—WUJAL WUJAL COMMUNITY JUSTICE GROUP sch 13 ins 2003 SL No. 365 s 4 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 365 s 4 Definitions for sch 13 s 1 ins 2003 SL No. 365 s 4 def “main indigenous social grouping” amd 2004 SL No. 318 s 20 def “nominating entity” amd 2004 SL No. 318 s 20 PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 365 s 4 Name—Act, s 18(2) s 2 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 20 PART 3—MEMBERSHIP pt 3 (ss 3–9) ins 2003 SL No. 365 s 4 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 365 s 4 SCHEDULE 13A—YARRABAH COMMUNITY JUSTICE GROUP sch 13A (prev sch 14) ins 2003 SL No. 365 s 4 renum 2008 SL No. 50 s 15 PART 1—PRELIMINARY pt hdg ins 2003 SL No. 365 s 4 Definitions for sch 13A prov hdg amd 2008 SL No. 50 s 13 s 1 ins 2003 SL No. 365 s 4 def “council” amd 2004 SL No. 318 s 21(1) def “main indigenous social grouping” amd 2004 SL No. 318 s 21(2) def “nominating entity” amd 2006 SL No. 246 s 90(1) sch 1 PART 2—NAME OF COMMUNITY JUSTICE GROUP pt hdg ins 2003 SL No. 365 s 4
163 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 Name—Act, s 18(2) s 2 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 21(3) PART 3—MEMBERSHIP pt hdg ins 2003 SL No. 365 s 4 Number of members s 3 ins 2003 SL No. 365 s 4 Eligibility s 4 ins 2003 SL No. 365 s 4 amd 2004 SL No. 318 s 21(2) Nomination, and withdrawal of nomination, of members s 5 ins 2003 SL No. 365 s 4 Notification by Minister s 6 ins 2003 SL No. 365 s 4 Vacation of office s 7 ins 2003 SL No. 365 s 4 Coordinator to advise Minister of vacancy s 8 ins 2003 SL No. 365 s 4 Term of membership s 9 ins 2003 SL No. 365 s 4 PART 4—BUSINESS AND MEETINGS pt 4 (ss 10–14) ins 2003 SL No. 365 s 4 SCHEDULE 13B—PALM ISLAND COMMUNITY JUSTICE GROUP sch 13B (prev sch 14A) ins 2006 SL No. 69 s 5 renum 2008 SL No. 50 s 15 Definitions for sch 13B prov hdg amd 2008 SL No. 50 s 14(1) s 1 ins 2006 SL No. 69 s 5 Term of membership s 9 ins 2006 SL No. 69 s 5 amd 2008 SL No. 50 s 14(2) SCHEDULE 13C—HOPE VALE COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 13D—MORNINGTON COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 14—INJINOO COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 14A—NEW MAPOON COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16
164 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 SCHEDULE 14B—UMAGICO COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 14C—BAMAGA COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 14D—SEISIA COMMUNITY JUSTICE GROUP ins 2008 SL No. 50 s 16 SCHEDULE 15—PRESCRIBED COMMUNITY AREAS ins 2004 SL No. 280 s 5 amd 2007 SL No. 184 s 5; 2008 SL No. 97 s 4 SCHEDULE 16—DICTIONARY sub 2004 SL No. 318 s 22 def “allocated report” ins 2008 SL No. 37 s 4 def “changeover day” ins 2008 SL No. 50 s 17(1) def “clerk” om 2004 SL No. 318 s 22 def “conclusion” om 2003 SL No. 384 s 8(1) def “convicted” ins 2003 SL No. 384 s 8(2) def “councillor” sub 2004 SL No. 318 s 22 om 2004 SL No. 318 s 22 def “cut-off date” om 2004 SL No. 318 s 22 def “directly elected” om 2004 SL No. 318 s 22 def “dissolution day” ins 2008 SL No. 37 s 4 def “elector” om 2004 SL No. 318 s 22 def “fine option order” om 2004 SL No. 318 s 22 def “grant agreement” ins 2008 SL No. 37 s 4 def “ICC” ins 2008 SL No. 37 s 4 def “indictable offence” ins 2003 SL No. 301 s 6 sub 2004 SL No. 318 s 22 def “justice group” ins 2002 SL No. 375 s 8 sub 2004 SL No. 318 s 22 amd 2008 SL No. 50 s 17(2) def “local transition committees” ins 2008 SL No. 37 s 4 def “pecuniary interest disclosure” amd 2003 SL No. 97 s 8 om 2004 SL No. 318 s 22 def “post-election meeting” om 2004 SL No. 318 s 22 def “relevant schedule” ins 2002 SL No. 375 s 8 sub 2004 SL No. 318 ss 22, 23 amd 2008 SL No. 50 s 17(3) def “spent conviction” ins 2003 SL No. 301 s 6 sub 2004 SL No. 318 s 22 def “trust money” om 2004 SL No. 318 s 22
165 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Regulation 1998 7 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Aboriginal Communities (Justice and Land Matters) Regulation 1998, s 72 [Reprint No. 4] Previous Renumbered as pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 2 64B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 64C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 pt 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 3 64D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 4 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 1 sch 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 2 sch 1D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 3 sch 1E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 4 sch 1F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 5 sch 1G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 6 sch 1H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 7 sch 1I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 8 sch 1J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 9 sch 1K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 10 sch 1L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 11 sch 1M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 12 sch 1N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 13 sch 1O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 14 sch 1P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 15 sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sch 16 © State of Queensland 2008