{"id":"a-2008-12","name":"Aboriginal and Torres Strait Islander Elected Body Act 2008","slug":"aboriginal-and-torres-strait-islander-elected-body-act-2008","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22988,"registerId":"act-a-2008-12-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘ATSIEB election, for part 3\n(ATSIEB elections)—see section 28.’ means that the term ‘ATSIEB\nelection’ is defined in that section for part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nSection 7\npage 4 Aboriginal and Torres Strait Islander Elected Body\nPart 2 Aboriginal and Torres Strait\nIslander Elected Body\nDivision 2.1 Establishment and functions of\nATSIEB\n7 Aboriginal and Torres Strait Islander Elected Body\nThe Aboriginal and Torres Strait Islander Elected Body (ATSIEB) is\nestablished.\n8 Functions of ATSIEB\nATSIEB has the following functions:\n(a) to receive, and pass on to the Minister and any other Minister\nresponsible for the matter that is the subject of concern, the\nviews of Aboriginal and Torres Strait Islander people living in\nthe ACT on issues of concern to them;\n(b) when asked by the Minister, to give the Minister information or\nadvice about the views of Aboriginal and Torres Strait Islander\npeople living in the ACT on matters stated by the Minister;\n(c) to represent, including nationally, Aboriginal and Torres Strait\nIslander people living in the ACT and to act as an advocate on\nsystemic or whole-of-government issues affecting their\ninterests;\n(d) to foster community discussion about—\n(i) issues of concern to Aboriginal and Torres Strait Islander\npeople living in the ACT; and\n(ii) the functions of ATSIEB; and\n(iii) this Act;\n\nSection 8\n(e) to conduct regular consultation with Aboriginal and Torres\nStrait Islander people living in the ACT and report the outcomes\nof that consultation to the Minister and any other Minister\nresponsible for the matter that is the subject of the consultation;\n(f) to make recommendations to government agencies about\nresearch proposals that further the objects of this Act;\n(g) to monitor and report on the effectiveness and accessibility of\nprograms and services conducted by government agencies for\nAboriginal and Torres Strait Islander people living in the ACT;\n(h) to monitor and report on the accessibility by Aboriginal and\nTorres Strait Islander people living in the ACT to programs and\nservices conducted by government agencies for the general\npublic;\n(i) to provide advice to government agencies on appropriate\nrepresentation of Aboriginal and Torres Strait Islander people\nliving in the ACT on consultative bodies established by\ngovernment agencies;\n(j) when asked by a government agency or another person, to\nrecommend any reasonable action it considers necessary to\nprotect Aboriginal and Torres Strait Islander cultural material or\ninformation considered sacred or significant by Aboriginal and\nTorres Strait Islander people living in the ACT;\n(k) any other function given to ATSIEB by the Minister;\n(l) any other function given to ATSIEB under this Act or another\nterritory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nSection 9\npage 6 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":1},{"sectionNumber":"9","sectionType":"section","heading":"Consultation on cultural heritage","content":"9 Consultation on cultural heritage\n(1) Before recommending action under section 8 (j) in relation to cultural\nmaterial or information, ATSIEB—\n(a) if the cultural material or information is specific to an Aboriginal\nobject or an Aboriginal place that is in, or apparently originated\nin, the ACT—must consult at least 1 of the following:\n(i) the United Ngunnawal Elders Council;\n(ii) a representative Aboriginal organisation;\n(iii) another person that ATSIEB is satisfied has a traditional\nconnection to the ACT region; or\n(b) in any other case—may consult any person ATSIEB considers\nappropriate.\nAboriginal object—see the Heritage Act 2004, section 9.\nAboriginal place—see the Heritage Act 2004, section 9.\n","sortOrder":2},{"sectionNumber":"10","sectionType":"section","heading":"Discussions etc with non-government entities on","content":"10 Discussions etc with non-government entities on\nsystemic issues\n(1) ATSIEB may, in exercising its functions under section 8 (c),\ncommunicate, including nationally, with a non-government entity\nproviding a service or administering a program used by Aboriginal\nand Torres Strait Islander people living in the ACT.\n(2) If the non-government entity is funded by a government agency,\nATSIEB may also discuss matters relating to the service, program or\nfunding with the executive officer of the agency.\nNote Under s 26, ATSIEB may invite an executive officer to its meetings to\ndiscuss any issues relating to functions of ATSIEB or the agency.\n\nSection 10A\n(3) However, this section does not make the non-government entity\naccountable to ATSIEB for its operations.\nnon-government entity means an entity that is not a government\nagency.\n","sortOrder":3},{"sectionNumber":"10A","sectionType":"section","heading":"Public hearings about government service provision","content":"10A Public hearings about government service provision\n(1) In exercising its functions under section 8 (g) and (h), ATSIEB must\nhold at least 2 public hearings during each ATSIEB term.\n(2) The purpose of a public hearing under subsection (1) is to obtain\ninformation about—\n(a) the effectiveness and accessibility of programs and services\nconducted by government agencies for Aboriginal and Torres\nStrait Islander people living in the ACT; and\n(b) the accessibility by Aboriginal and Torres Strait Islander people\nliving in the ACT to programs and services conducted by\ngovernment agencies for the general public.\n(3) The executive officer of a government agency must—\n(a) attend a public hearing if requested by ATSIEB; and\n(b) provide information and answer questions from ATSIEB in\nrelation to the matters in subsection (2).\n(4) ATSIEB may conduct proceedings at a public hearing as it considers\nappropriate.\n(5) However, at least 4 ATSIEB members must be present at a public\nhearing.\n\nSection 10AA\npage 8 Aboriginal and Torres Strait Islander Elected Body\n10AA Broadcasting of public hearings\n(1) The Territory may enter into an agreement with a suitably qualified\nand experienced person (the broadcaster), for the person to provide a\nbroadcasting service in relation to a public hearing of ATSIEB.\n(2) The broadcaster may broadcast, or record for broadcast, all or part of\na public hearing of ATSIEB in accordance with the terms of the\nagreement.\n(3) The broadcaster is not civilly liable for conduct engaged in honestly\nand without recklessness—\n(a) in the exercise of a function under subsection (2); or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under subsection (2).\n(4) Any liability that would, apart from this section, attach to the\nbroadcaster attaches instead to the Territory.\n(5) An agreement must be entered into for the Territory by the\ndirector-general.\n(6) In this section:\nbroadcast—see the Legislative Assembly (Broadcasting) Act 2001,\ndictionary.\nconduct means an act or omission to do an act.\nrecord, a public hearing of ATSIEB, means make a sound or visual\nrecording of the hearing.\n","sortOrder":4},{"sectionNumber":"10B","sectionType":"section","heading":"Reports from ATSIEB","content":"10B Reports from ATSIEB\n(1) ATSIEB must report to the Minister on a public hearing held under\nsection 10A within 4 months after the day the public hearing ends.\n(2) The report—\n(a) must be in writing; and\n\nSection 11\n(b) may make recommendations about changes to programs and\nservices for Aboriginal and Torres Strait Islander people living\nin the ACT.\n(3) The Minister must—\n(a) present the report to the Legislative Assembly within 6 sitting\ndays after the day the Minister receives the report; and\n(b) present a response to the report not later than the first sitting\nweek after the end of 4 months after the day the Minister\nreceives the report.\n11 Requirement to consult\n(1) In exercising its functions ATSIEB must consult Aboriginal and\nTorres Strait Islander people living in the ACT.\n(2) Every Aboriginal and Torres Strait Islander person living in the ACT\nis eligible to participate in community consultation conducted by\nATSIEB.\n12 ATSIEB to develop consultation plan\n(1) ATSIEB must, within 6 months of the commencement of each\nATSIEB term, develop a plan for how it will consult Aboriginal and\nTorres Strait Islander people living in the ACT (a community\nconsultation plan).\n(2) The community consultation plan must—\n(a) cover the ATSIEB term; and\n(b) include a description of the grounds relevant to a determination\nby ATSIEB that a person has a traditional connection to the ACT\nregion for section 9 (1) (a) (iii); and\n\nSection 13\npage 10 Aboriginal and Torres Strait Islander Elected Body\n(c) maximise the participation of Aboriginal and Torres Strait\nIslander people living in the ACT by providing reasonable\nopportunities to participate in each consultation.\nExamples—reasonable opportunities to maximise participation\n• providing more than 1 form of consultative mechanism such as forums,\nface-to-face meetings, online surveys, inviting written submissions\n• giving advance notice of consultation events\n• holding face-to face events at accessible locations\n(3) ATSIEB must take reasonable steps to tell Aboriginal and Torres\nStrait Islander people living in the ACT about the community\nconsultation plan.\nExamples—reasonable steps\n• notice posted on an ATSIEB website\n• notice sent on an email network\n• advertisements in local and Indigenous newspapers\n","sortOrder":5},{"sectionNumber":"13","sectionType":"section","heading":"Conduct of consultation","content":"13 Conduct of consultation\nIn carrying out community consultation, ATSIEB must give effect to\nthe following principles:\n(a) consultation should focus on the particular area of interest to be\ndiscussed;\n(b) consultation should be open and transparent;\n(c) consultation should lead to sustainable decisions by involving\neffective community engagement;\n(d) without limiting paragraph (c), ATSIEB should ensure that—\n(i) relevant information is provided in a timely and accessible\nway to enable maximum community participation in\ndebate about the area of interest; and\n(ii) opportunities are provided for feedback about the area of\ninterest.\n\nSection 13A\n","sortOrder":6},{"sectionNumber":"13A","sectionType":"section","heading":"Reporting on consultation","content":"13A Reporting on consultation\n(1) ATSIEB must prepare a written report about its community\nconsultation activities and publish the report on an ATSIEB website.\n(2) The report must state—\n(a) the topic of the consultation; and\n(b) ATSIEB’s view about the topic; and\n(c) any issues raised by the community during consultation; and\n(d) any recommendations of ATSIEB in relation to the topic.\n(3) ATSIEB must give a copy of the report to the Minister, and any other\nMinister responsible for the matter that is the topic of the consultation,\nwithin 2 months after the day the consultation ends.\n(4) At least 1 of the Ministers mentioned in subsection (3) must give\nATSIEB a response to the report not later than 2 months after the day\nthe report is received under subsection (3).\n(5) ATSIEB must publish the response on the ATSIEB website.\n","sortOrder":7},{"sectionNumber":"14","sectionType":"section","heading":"ATSIEB members","content":"14 ATSIEB members\n(1) ATSIEB consists of 7 elected members.\nNote Members of ATSIEB are elected under pt 3.\n(2) Each member holds office—\n(a) for the period—\n(i) beginning at the end of the day when the member’s election\nis declared under the Electoral Act, section 189\n(Declaration of result of election), as applied by section 31\n(Application of Electoral Act); and\n\nSection 15\npage 12 Aboriginal and Torres Strait Islander Elected Body\n(ii) ending at the end of the day when the result of the next\nATSIEB election is declared under the Electoral Act,\nsection 189, as applied by section 31; and\n(b) on a part-time basis.\nNote 1 See sch 1, mod 1.70 for the declaration of the result of ATSIEB elections.\nNote 2 See sch 1, mod 1.77, s 196 for the term of a member elected to fill a casual\n","sortOrder":8},{"sectionNumber":"15","sectionType":"section","heading":"ATSIEB chair","content":"15 ATSIEB chair\n(1) ATSIEB must, by majority vote, elect a member to be chair of\nATSIEB (the ATSIEB chair).\n(2) The ATSIEB chair must be elected—\n(a) at the first meeting of ATSIEB; and\n(b) whenever the position of ATSIEB chair becomes vacant.\n(3) The ATSIEB chair is elected for 3 years, but may be re-elected.\n(4) The position of ATSIEB chair becomes vacant if a resolution of\nno-confidence in the ATSIEB chair is passed in accordance with\nsection 16A.\n(5) The ATSIEB chair may resign as chair by written notice given to\nATSIEB.\n(6) ATSIEB must tell the Minister, in writing, if the ATSIEB chair\nbecomes vacant under subsection (4) or (5).\n","sortOrder":9},{"sectionNumber":"16","sectionType":"section","heading":"ATSIEB deputy chair","content":"16 ATSIEB deputy chair\n(1) ATSIEB must, by majority vote, elect a member (other than the\nATSIEB chair) to be deputy chair of ATSIEB (the ATSIEB deputy\nchair).\n\nSection 16A\n(2) The ATSIEB deputy chair must be elected—\n(a) at the first meeting of ATSIEB; and\n(b) whenever the position of deputy chair becomes vacant.\n(3) The ATSIEB deputy chair may exercise a function of the ATSIEB\nchair at any time when the chair cannot for any reason exercise the\nfunction.\n(4) The ATSIEB deputy chair is elected for 3 years, but may be\nre-elected.\n(5) The position of ATSIEB deputy chair becomes vacant if a resolution\nof no-confidence in the ATSIEB deputy chair is passed in accordance\nwith section 16A.\n(6) The ATSIEB deputy chair may resign as deputy chair by written\nnotice given to the ATSIEB chair or, if there is no chair, ATSIEB.\n(7) The ATSIEB chair or, if there is no chair, ATSIEB, must tell the\nMinister, in writing, if the ATSIEB deputy chair becomes vacant\nunder subsection (5) or (6).\n","sortOrder":10},{"sectionNumber":"16A","sectionType":"section","heading":"Resolution of no-confidence in ATSIEB chair or ATSIEB","content":"16A Resolution of no-confidence in ATSIEB chair or ATSIEB\ndeputy chair\n(1) A resolution of no-confidence in the ATSIEB chair or the ATSIEB\ndeputy chair has no effect unless it is passed by ATSIEB in\naccordance with this section.\n(2) A resolution of no-confidence must affirm a motion that is expressed\nto be—\n(a) in relation to a resolution of no-confidence in the ATSIEB\nchair—a motion of no-confidence in the ATSIEB chair; or\n(b) in relation to a resolution of no-confidence in the ATSIEB\ndeputy chair—a motion of no-confidence in the ATSIEB deputy\nchair.\n\nSection 17\npage 14 Aboriginal and Torres Strait Islander Elected Body\n(3) All members must be given notice of the motion at least 1 week\nbefore it is moved at a meeting of ATSIEB.\n(4) The motion must be passed by at least 4 ATSIEB members.\n","sortOrder":11},{"sectionNumber":"17","sectionType":"section","heading":"Resignation of ATSIEB member","content":"17 Resignation of ATSIEB member\n(1) A member of ATSIEB may resign as a member by written notice\ngiven to the ATSIEB chair or, if there is no chair, ATSIEB.\nNote See sch 1, pt 1.5 for the filling of a casual vacancy on ATSIEB.\n(2) A member must resign if the member no longer lives in the ACT.\n","sortOrder":12},{"sectionNumber":"18","sectionType":"section","heading":"Member taken to have resigned in certain circumstances","content":"18 Member taken to have resigned in certain circumstances\n(1) This section applies if ATSIEB is satisfied that an ATSIEB\nmember—\n(a) no longer lives in the ACT; and\n(b) has not lived in the ACT during the immediately preceding\nperiod of 6 months.\n(2) ATSIEB may, in writing, declare that it is satisfied as stated in\nsubsection (1).\n(3) If ATSIEB makes a declaration under subsection (2), the member is\ntaken to have resigned on the date of the declaration.\n(4) This section does not apply to an ATSIEB member who is absent\nfrom the ACT on leave approved under section 20.\n","sortOrder":13},{"sectionNumber":"19","sectionType":"section","heading":"Removal of ATSIEB member","content":"19 Removal of ATSIEB member\nThe Minister may remove a member from ATSIEB for any of the\nfollowing reasons:\n(a) if the member contravenes a territory law in relation to the\nexercise of the member’s functions;\n(b) if the member contravenes the prescribed code of conduct;\n\nSection 20\n(c) if the member becomes bankrupt or personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(d) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year;\n(e) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year;\n(f) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions;\n(g) if the member contravenes section 27 (Disclosure of interests by\nATSIEB members);\n(h) if the member is absent from 3 consecutive meetings of\nATSIEB, otherwise than on approved leave;\n(i) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Leave of ATSIEB members","content":"20 Leave of ATSIEB members\n(1) ATSIEB may, conditionally or unconditionally, allow the ATSIEB\nchair to take leave.\n(2) The ATSIEB chair may, conditionally or unconditionally, allow an\nATSIEB member (other than the ATSIEB chair) to take leave for not\nlonger than 1 year.\nNote The ATSIEB deputy chair is a member and so can be given leave under\ns (2) (see s 16 (1)).\n\nSection 21\npage 16 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":15},{"sectionNumber":"21","sectionType":"section","heading":"Time and place of ATSIEB meetings","content":"21 Time and place of ATSIEB meetings\n(1) Meetings of ATSIEB are to be held when and where ATSIEB\ndecides.\n(2) However, ATSIEB must meet at least 6 times in a financial year.\n(3) The ATSIEB chair—\n(a) may, at any time, call a meeting of ATSIEB; and\n(b) must call a meeting if asked in writing by—\n(i) the Minister; or\n(ii) at least 4 members.\n(4) A meeting called under subsection (3) (b) must be called not later than\n14 days after the day the ATSIEB chair receives the request for the\nmeeting.\n(5) The ATSIEB chair must give the other members reasonable notice of\nthe time and place of a meeting called by the ATSIEB chair.\n","sortOrder":16},{"sectionNumber":"22","sectionType":"section","heading":"Presiding member at ATSIEB meetings","content":"22 Presiding member at ATSIEB meetings\n(1) The ATSIEB chair presides at all meetings at which the ATSIEB\nchair is present.\n(2) If the ATSIEB chair is absent, the ATSIEB deputy chair presides.\n(3) If the ATSIEB chair and deputy chair are absent, the member chosen\nby the members present presides.\n23 Quorum at ATSIEB meetings\nBusiness may be carried on at a meeting of ATSIEB only if at least\n4 members are present.\n\nATSIEB meetings Division 2.3\nSection 24\n24 Voting at ATSIEB meetings\nAt a meeting of ATSIEB, a question is decided by a majority of the\nvotes of the members present and voting but, if the votes are equal,\nthe member presiding has a deciding vote.\n","sortOrder":17},{"sectionNumber":"25","sectionType":"section","heading":"Conduct of ATSIEB meetings","content":"25 Conduct of ATSIEB meetings\n(1) ATSIEB may conduct its proceedings (including its meetings) as it\nconsiders appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a member\ntaking part to hear or otherwise know what each other member taking\npart says without the members being in each other’s presence.\na phone link, a satellite link, an internet or intranet link\n(3) A member who takes part in a meeting conducted under subsection\n(2) is taken, for all purposes, to be present at the meeting.\n(4) A resolution is a valid resolution of ATSIEB, even if it is not passed\nat a meeting of ATSIEB, if all members agree to the proposed\nresolution in writing or by electronic communication.\nExample—electronic communication\ntelephone or email\n(5) ATSIEB must keep minutes of its meetings.\n","sortOrder":18},{"sectionNumber":"26","sectionType":"section","heading":"Executive officer at ATSIEB meeting","content":"26 Executive officer at ATSIEB meeting\n(1) ATSIEB may invite an executive officer of a government agency to\nattend a meeting of ATSIEB to discuss any issues relating to the\nfunctions of ATSIEB or the government agency.\n\nSection 27\npage 18 Aboriginal and Torres Strait Islander Elected Body\n(2) If ATSIEB invites the executive officer of a government agency to\nattend a meeting to answer questions or provide information about the\nfunctions of the government agency, the executive officer must take\nreasonable steps to attend the meeting, and answer the questions and\nprovide the information, as requested.\n","sortOrder":19},{"sectionNumber":"27","sectionType":"section","heading":"Disclosure of interests by ATSIEB members","content":"27 Disclosure of interests by ATSIEB members\n(1) If an ATSIEB member has a material interest in an issue being\nconsidered, or about to be considered, by ATSIEB, the member must\ndisclose the nature of the interest at a meeting of ATSIEB as soon as\npracticable after the relevant facts come to the member’s knowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The disclosure must be recorded in ATSIEB’s minutes and, unless\nATSIEB otherwise decides, the member must not—\n(a) be present when ATSIEB considers the issue; or\n(b) take part in a decision of ATSIEB on the issue.\n(3) Any other member who also has a material interest in the issue must\nnot be present when ATSIEB is considering its decision under\nsubsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\n\nATSIEB meetings Division 2.3\nSection 27\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation, if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation, if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust, if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership, if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business, if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—an ATSIEB member has a material interest in an\nissue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to ATSIEB’s consideration of the issue.\n\nSection 28\npage 20 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":20},{"sectionNumber":"28","sectionType":"section","heading":"Definitions—pt 3","content":"28 Definitions—pt 3\nIn this part:\nATSIEB election—\n(a) means an election under this part for members of ATSIEB; and\n(b) includes a recount under the Electoral Act, part 13 (Casual\nvacancies), as applied by section 31.\nNote Sch 1, pt 1.5 modifies the Electoral Act, pt 13 in its application to this\nAct.\nelection start day, for an ATSIEB election, means the first day when\na person may be nominated as a candidate for the election.\nelector, for an ATSIEB election, means a person entitled to vote in\nthe election under the Electoral Act, section 128 (1) (Entitlement to\nvote), as applied by section 31.\nNote Sch 1, pt 1.3, modification 1.34 modifies the Electoral Act, s 128 (1) in\nits application to this Act.\npolling close day, for an ATSIEB election, means the last day when\nan elector may vote in the election.\npolling period, for an ATSIEB election, means the period beginning\non the polling start day and ending on the polling close day.\npolling start day, for an ATSIEB election, means the first day when\nan elector may vote in the election.\n","sortOrder":21},{"sectionNumber":"29","sectionType":"section","heading":"Timetable for ATSIEB elections","content":"29 Timetable for ATSIEB elections\n(1) An ATSIEB election must be held in accordance with the timetable\nset out in table 29.\n\nSection 29A\n(2) If an event mentioned in this section falls on a day (other than a\nSaturday) that is a public holiday, the event happens instead on the\nnext business day after the public holiday.\nTable 29 ATSIEB election timetable\nitem\nelection event\ndate\n1 election start day the Monday, 47 days before the polling start day\n2 nominations close 12 noon on the Monday, 33 days before the polling\nstart day\n3 nominations for\ncandidates declared\nas soon as practicable after 12 noon on the day after\nnominations close\n4 order of ballot paper\ndecided\nas soon as practicable after the nominations for\ncandidates are declared\n5 electoral rolls close 5 pm on the Monday, 12 days before the polling start\nday\n6 polling start day either––\n(a) the Saturday immediately before the first\nSunday in July, 3 years after the last ATSIEB\nelection was held; or\n(b) if a day is determined under s 29A––that day\n7 polling close day the first Saturday after the polling start day\n8 scrutiny starts not earlier than 7 business days after the polling close\nday\n9 election declared as soon as practicable after scrutiny ends\n","sortOrder":22},{"sectionNumber":"29A","sectionType":"section","heading":"Determination of polling day","content":"29A Determination of polling day\n(1) The Minister may determine the polling start day for an ATSIEB\nelection to be held 3 years after the last election was held.\n(2) The day determined must be a Saturday.\n(3) A determination is a notifiable instrument.\n\nSection 30\npage 22 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":23},{"sectionNumber":"30","sectionType":"section","heading":"Telling people about ATSIEB elections etc","content":"30 Telling people about ATSIEB elections etc\n(1) Before the election start day for an ATSIEB election, the electoral\ncommission must take reasonable steps to tell electors and people\nentitled to be electors about the following:\n(a) the ATSIEB election;\n(b) who is eligible to nominate as a candidate for the election;\n(c) who is eligible to vote at the election;\n(d) the days worked out under section 29 for the election;\n(e) the location of polling places;\n(f) anything else about the election that the commission considers\nrelevant.\n(2) The electoral commission may tell electors and people entitled to be\nelectors about the matters mentioned in subsection (1) in any way it\nconsiders appropriate.\na newspaper, the electoral commission website, a media release\n","sortOrder":24},{"sectionNumber":"30A","sectionType":"section","heading":"Caretaker period","content":"30A Caretaker period\n(1) In the caretaker period for an ATSIEB election, ATSIEB must not\ntake any action or make a decision that binds or limits the freedom of\naction of the incoming ATSIEB.\ncaretaker period, for an ATSIEB election, means the period—\n(a) starting on the election start day; and\n(b) ending at the end of the day when the result of the election is\ndeclared under section 14 (2) (a) (ii).\nincoming ATSIEB means the ATSIEB that will hold office after the\nend of the caretaker period.\n\nSection 31\n","sortOrder":25},{"sectionNumber":"31","sectionType":"section","heading":"Application of Electoral Act","content":"31 Application of Electoral Act\nA provision of the Electoral Act mentioned in column 2 of an item in\ntable 31 applies in relation to an ATSIEB election with the\nmodifications (if any) in the part in schedule 1 mentioned in column 3\nof the item (and any other necessary changes and any changes\nprescribed by regulation).\nTable 31 Application of Electoral Act provisions\nitem\nprovision of Electoral Act to be applied\npart in sch 1 with\nmodifications\n1 section 4A (Meaning of available for public inspection)\n2 section 32 (Temporary staff and consultants)\n3 section 33 (Officers) part 1.1\n4 section 34 (Multimember electorates) part 1.1\n5 section 71A (Address of person serving sentence of\nimprisonment)\n6 part 9 (Arrangements for elections) part 1.2\n7 part 10 (Voting) part 1.3\n8 part 12 (The scrutiny) part 1.4\n9 part 13 (Casual vacancies) part 1.5\n10 part 16 (Disputed elections, eligibility and vacancies) part 1.6\n11 part 17 (Electoral offences) part 1.7\n12 part 18 (Enforcement proceedings) part 1.8\n13 part 19 (Miscellaneous) part 1.9\n14 schedule 3 (Preliminary scrutiny of declaration voting\npapers)\npart 1.10\n15 schedule 4 (Ascertaining result of poll)\n16 dictionary part 1.11\n\nSection 32\npage 24 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":26},{"sectionNumber":"32","sectionType":"section","heading":"Interpretation of applied provisions of Electoral Act","content":"32 Interpretation of applied provisions of Electoral Act\nIn the application of the Electoral Act in relation to an ATSIEB\nelection—\n(a) a reference to a provision of that Act is taken to be a reference\nto the provision in its application in relation to the ATSIEB\nelection; and\n(b) a reference to—\n(i) a term used in that Act is taken to be a reference to the term\nin the application of that Act in relation to the ATSIEB\nelection; and\n(ii) in particular, a term mentioned in column 2 of an item in\ntable 32 is taken to be a reference to the term mentioned in\ncolumn 3 of the item.\nTable 32 Interpretation of terms in applied provisions of Electoral Act\nitem\nterm in Electoral Act\nterm in this Act\n1 (a) an election;\n(b) a general election;\n(c) an ordinary election\nan ATSIEB election\n2 an elector an elector in an ATSIEB election\n3 an electorate the ACT\n4 a relevant electorate the ACT\n5 a candidate a candidate in an ATSIEB election\n6 a seat an ATSIEB position\n7 a polling day a polling period\n8 a reference to something\nhappening on polling day\na reference to something happening during a\npolling period\n9 an MLA an ATSIEB member\n\nSection 33\nitem\nterm in Electoral Act\nterm in this Act\n10 the Legislative Assembly ATSIEB\n11 the Speaker (a) the ATSIEB chair; or\n(b) if there is no ATSIEB chair—the\nATSIEB deputy chair; or\n(c) if there is no ATSIEB deputy chair—\nthe Minister\n12 the Court of Disputed Elections the Court of Disputed ATSIEB Elections\n13 a form approved under the\nElectoral Act, section 340A\na form approved under this Act, section 34\n","sortOrder":27},{"sectionNumber":"33","sectionType":"section","heading":"Application of Electoral Regulation 1993","content":"33 Application of Electoral Regulation 1993\nThe Electoral Regulation 1993, section 5A (Declaration ballot\npapers) applies to a ballot paper to be used for declaration voting in\nan ATSIEB election.\n34 Approved forms\n(1) The commissioner may approve forms for this part.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\nSection 35\npage 26 Aboriginal and Torres Strait Islander Elected Body\n35 Protection of ATSIEB members from liability\n(1) An ATSIEB member is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act or another territory\nlaw; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act or another territory law.\n(2) Any liability that would, apart from this section, attach to an ATSIEB\nmember attaches instead to the Territory.\n(3) In this section:\nconduct means an act or an omission to do an act.\n","sortOrder":28},{"sectionNumber":"36","sectionType":"section","heading":"Regulation-making power","content":"36 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) a code of conduct for ATSIEB members; and\n(b) the roles and responsibilities of the ATSIEB chair and ATSIEB\ndeputy chair; and\n(c) any other governance matter in relation to ATSIEB.\n(3) The Executive must consult with ATSIEB before making a regulation\nunder subsection (2).\n(4) A regulation may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against a regulation.\n\nModifications of s 33, s 34 and s 80 Part 1.1\nModification [1.1]\n","sortOrder":29},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Modifications of Electoral Act","content":"Schedule 1 Modifications of Electoral Act\nas applied to ATSIEB elections\n(see s 31)\nPart 1.1 Modifications of s 33, s 34 and\ns 80\n[1.1] Officers\nNew section 33 (2A) to (2C)\n(2A) Before the polling start day for an ATSIEB election, the\ncommissioner must appoint at least 1 Aboriginal and Torres Strait\nIslander liaison officer for each polling place for the election.\n(2B) Before appointing an Aboriginal and Torres Strait Islander liaison\nofficer, the commissioner must consult ATSIEB.\n(2C) A person is eligible to be appointed as an Aboriginal and Torres Strait\nIslander liaison officer if the person—\n(b) is not a candidate in the election.\n\nPart 1.1 Modifications of s 33, s 34 and s 80\nModification [1.2]\npage 28 Aboriginal and Torres Strait Islander Elected Body\n[1.2] Section 33 (3)\nafter\nan officer\nunder this section\n[1.3] Section 34\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Electorate for ATSIEB elections","content":"34 Electorate for ATSIEB elections\n(1) The ACT is 1 electorate for the purposes of an ATSIEB election.\n(2) Seven members of ATSIEB must be elected from the ACT.\n[1.4] New section 80\n","sortOrder":31},{"sectionNumber":"80","sectionType":"section","heading":"Closed rolls","content":"80 Closed rolls\n(1) This section applies in relation to an ATSIEB election.\n(2) For this Act, the roll for an ATSIEB election is closed during the\nperiod—\n(a) starting at 5 pm on the Monday 12 days before the polling start\nday for the ATSIEB election; and\n(b) ending at the close of polling at the election.\n(3) While a roll is closed, subject to subsections (4), (5) and (6) and\nsection 66—\n(a) a person must not be enrolled; and\n\nModifications of s 33, s 34 and s 80 Part 1.1\nModification [1.4]\n(b) a person must not be taken to be enrolled under section 73 (5) or\nsection 75 (2) if the person’s enrolment on the Commonwealth\nroll is effected during the closure; and\n(c) a name must not be removed; and\n(d) an annotation in relation to the roll must not be made or\ncancelled under section 74; and\n(e) a change of address must not be recorded.\n(4) Subsection (3) (c) must not be taken to prevent the removal, while a\nroll is closed, of the name of a person who the commissioner believes\non reasonable grounds made a statement in a claim for enrolment or\ntransfer of enrolment that was false or misleading in a material\nparticular.\n(5) If the Australian Postal Corporation notifies the commissioner in\nwriting that the delivery of a posted claim for enrolment or transfer\nof enrolment has been delayed by an industrial dispute and, apart from\nthe dispute, would have been delivered to the commissioner before\nthe close of the roll for an election—\n(a) subsection (3) (a) and (c) must not be taken to prevent the\nenrolment of an elector or the removal of an elector’s name from\nanother roll as a consequence of such an enrolment; and\n(b) if the claimant is enrolled in accordance with the claim—the\nenrolment must be taken, in relation to any vote cast by the\nclaimant in the election, to have been effected before the roll\nclosed.\n(6) This section does not prevent the enrolment of an elector, during a\nperiod when a roll is closed, if the elector’s claim for enrolment or\ntransfer of enrolment was received before the beginning of that period\nby—\n(a) an officer appointed under section 33 (Officers); or\n(b) a member of the commission’s staff; or\n\nPart 1.1 Modifications of s 33, s 34 and s 80\nModification [1.4]\npage 30 Aboriginal and Torres Strait Islander Elected Body\n(c) a person authorised by the commissioner for this section; or\n(d) an employee of the Australian Electoral Commission.\n(7) In this section:\nenrolment includes the enrolment of a person who is taken to have\nbeen enrolled under this part.\nparticulars—a reference (express or implied) to particulars relating\nto a person includes a reference to particulars taken to be recorded on\nthe roll under this part.\n\nModification [1.5]\nPart 1.2 Modifications of pt 9\n(Arrangements for elections)\n[1.5] Eligibility—MLAs\nSection 103 (1) to (4)\n(1) A person is eligible to be an ATSIEB member if the person—\n(b) is not under a sentence of imprisonment for 1 year or longer for\na conviction for an indictable offence.\nNote For the meaning of indictable offence, see the Legislation Act,\ns 190 (Indictable and summary offences).\n[1.6] Qualifications for nomination\nSection 104 (b)\nomit\n[1.7] Candidates to be nominated\nSection 105 (2), (2A) and (3)\n(2) A person (the nominee) may be nominated as a candidate for an\nATSIEB election only by 4 electors (the nominators) entitled to vote\nat the ATSIEB election on the day the nominators sign the nomination\nform.\n\nModification [1.8]\npage 32 Aboriginal and Torres Strait Islander Elected Body\n(2A) A person is eligible to be a nominee if, at the hour of nomination, the\nperson—\n(b) is not under a sentence of imprisonment for 1 year or longer for\na conviction for an indictable offence.\nNote For the meaning of indictable offence, see the Legislation Act,\ns 190 (Indictable and summary offences).\n(3) A nomination is made by giving the commissioner a completed\nnomination form before the hour of nomination.\nNote Nomination forms are available at the office of the commissioner and in\nelectronic form on the commissioner’s website.\n[1.8] Section 105 (4) (d)\n(d) contain a declaration, signed by the nominee, to the effect that\nthe nominee, at the hour of nomination—\n(i) is—\n(A) an Aboriginal or Torres Strait Islander person; and\n(B) at least 18 years old; and\n(C) enrolled, or entitled to be enrolled, for an electorate\nin the ACT; and\n(ii) is not under a sentence of imprisonment for 1 year or\nlonger for a conviction for an indictable offence; and\n\nModification [1.9]\n(da) contain a declaration by each nominator, signed by the\nnominator, to the effect that, on the day the nominator signs the\nnomination form, the nominator—\n(i) is—\n(A) an Aboriginal or Torres Strait Islander person; and\n(B) at least 18 years old; and\n(C) enrolled, or entitled to be enrolled, for an electorate\nin the ACT; and\n(ii) is not under a sentence of imprisonment for 1 year or\nlonger for a conviction for an indictable offence; and\n[1.9] Section 105 (4) (f) and (g)\nomit\n[1.10] Section 105 (9) to (11)\nomit\n[1.11] Multiple nominations invalid\nSection 106\nomit\n[1.12] Withdrawal etc of consent to nomination\nSection 107 (1)\nomit\nnot later than 24 hours\n\nModification [1.13]\npage 34 Aboriginal and Torres Strait Islander Elected Body\n[1.13] Section 107 (2) and (3)\n(2) If the commissioner receives a notice under subsection (1), the\ncommissioner must cancel the nomination.\n[1.14] Place and hour of nomination\nSection 108 (3)\n(3) The hour of nomination for an ATSIEB election is 12 noon on the\nnomination close day for the election.\n[1.15] Section 108 (4) and (5)\nomit\n[1.16] Declaration of candidates\nSection 109 (1)\nafter\nAs soon as practicable\nafter 24 hours\n[1.17] New section 109 (1A)\n(1A) A declaration is a notifiable instrument.\n[1.18] Section 109 (2) (b)\nomit\n\nModification [1.19]\n[1.19] Section 109 (4)\nomit\nif it is a suppressed address\n[1.20] Section 110\n","sortOrder":32},{"sectionNumber":"110","sectionType":"section","heading":"Invalid nominations","content":"110 Invalid nominations\nIf the commissioner decides that a nomination is invalid, the\ncommissioner must—\n(a) declare the nomination invalid; and\n(b) as soon as practicable after declaring the nomination invalid and\nbefore the hour of nomination—take reasonable steps to tell the\nnominee that the nomination is invalid; and\n(c) if the nomination can be corrected, tell the nominee—\n(i) how the nomination can be corrected; and\n(ii) that the corrected nomination may be given to the\ncommissioner before the hour of nomination.\n110AA Retention of nomination papers\nThe commissioner must keep all nominations (including invalid\nnominations) in a secure place until the election start date for the next\nATSIEB election.\n[1.20A] Candidate information to be published\nSection 110A (8)\nomit\n\nModification [1.21]\npage 36 Aboriginal and Torres Strait Islander Elected Body\n[1.21] Section 111\n","sortOrder":33},{"sectionNumber":"111","sectionType":"section","heading":"If more positions than candidates","content":"111 If more positions than candidates\n(1) This section applies if, at the hour of nomination—\n(a) at least 1 candidate has been nominated; and\n(b) the number of candidates to be elected is more than the number\nof candidates nominated.\n(2) The commissioner must, in writing—\n(a) declare the nominated candidate or candidates elected; and\n(b) tell the ATSIEB chair (or, if there is no ATSIEB chair, the\nMinister) about the election of each person elected; and\n(c) tell the ATSIEB chair (or, if there is no ATSIEB chair, the\nMinister) the number of candidates required to be elected who\nwere not elected.\n(3) A declaration under subsection (2) (a) is a notifiable instrument.\n(4) The remaining vacancies are taken to be casual vacancies and must\nbe filled in accordance with part 13 (Casual vacancies).\n","sortOrder":34},{"sectionNumber":"111A","sectionType":"section","heading":"If same number of positions as candidates","content":"111A If same number of positions as candidates\n(1) This section applies if, at the hour of nomination, the number of\ncandidates nominated is the same as the number of candidates to be\nelected.\n(2) The commissioner must, in writing—\n(a) declare the nominated candidates elected; and\n(b) tell the ATSIEB chair (or, if there is no ATSIEB chair, the\nMinister) about the election of each person elected.\n(3) A declaration under subsection (2) (a) is a notifiable instrument.\n\nModification [1.22]\n","sortOrder":35},{"sectionNumber":"111B","sectionType":"section","heading":"If no candidates","content":"111B If no candidates\n(1) If no candidate is nominated for an ATSIEB election, the election is\ntaken to have failed and the commissioner must, in writing, tell the\nATSIEB chair (if any) and the Minister about the failure of the\n(2) If the commissioner tells the Minister about the failure of the election,\nthe Minister may, after taking into consideration any\nrecommendations from ATSIEB, appoint the ATSIEB members.\n","sortOrder":36},{"sectionNumber":"111C","sectionType":"section","heading":"If more candidates than positions","content":"111C If more candidates than positions\nIf more candidates are nominated for an ATSIEB election than are\nrequired to be elected, the commissioner must conduct a poll under\nthis part to decide the election.\n[1.22] Deposit—return or forfeiture\nSection 113\nomit\n[1.23] Section 114\n","sortOrder":37},{"sectionNumber":"114","sectionType":"section","heading":"Ballot papers","content":"114 Ballot papers\n(1) The commissioner must arrange for the preparation of ballot papers\nto be used at an ATSIEB election.\n(2) The ballot papers—\n(a) may be in electronic form; and\n(b) must include the official mark approved under the Electoral Act,\nsection 340A (Approved forms) for section 114 (3) of that Act;\nand\n(c) must include the year of the election; and\n\nModification [1.24]\npage 38 Aboriginal and Torres Strait Islander Elected Body\n(d) must include the following words:\n• ‘Ballot paper’\n• ‘Aboriginal and Torres Strait Islander Elected Body ACT’\n• ‘Election of 7 representatives’\n• ‘Number seven boxes from 1 to 7 in the order of your\nchoice’\n• if there are more than 8 candidates—‘You may then show\nas many further preferences as you wish by writing numbers\nfrom 8 onwards in the other boxes’.\n(3) An approval under subsection (2) (b) is a notifiable instrument.\n(4) A regulation may—\n(a) state the headings or directions to be contained on ballot papers\nto be used for declaration voting; and\n(b) provide for—\n(i) the form of a ballot paper to be altered as stated in the\nregulation; or\n(ii) a form set out in the regulation to be used in place of the\nform of a ballot paper.\n[1.24] Grouping of candidates’ names\nSection 115\nomit\n[1.25] Section 116\n","sortOrder":38},{"sectionNumber":"116","sectionType":"section","heading":"Printing of ballot papers","content":"116 Printing of ballot papers\n(1) The names of the candidates for an ATSIEB election must be printed\non each ballot paper in a single column.\n\nModification [1.26]\n(2) If the commissioner believes on reasonable grounds that similarity in\nthe names of 2 or more candidates is likely to cause confusion, the\ncommissioner may arrange their names on the ballot papers with a\ndescription or addition that distinguishes the names.\n[1.26] Names on ballot papers\nSection 117\nomit\n[1.27] Section 118\n","sortOrder":39},{"sectionNumber":"118","sectionType":"section","heading":"Draw for positions on ballot papers","content":"118 Draw for positions on ballot papers\nThe commissioner must determine by lot the order in which the\nnames of candidates for an ATSIEB election are to appear on the\nballot paper, as soon as practicable after the nominations for the\ncandidates are declared.\nNote The commissioner determines the positions by lot if the commissioner\ndetermines the positions in accordance with an approval in force under\nthe Electoral Act, s 125.\n[1.28] Polling places and scrutiny centres\nSection 119 (1) (a)\n(a) appoint a stated place to be a polling place on stated days at the\nstated times for an ATSIEB election; and\n\nModification [1.29]\npage 40 Aboriginal and Torres Strait Islander Elected Body\n[1.29] New section 119 (2A)\n(2A) The stated times mentioned in subsection (1) (a) must indicate—\n(a) the time when the polling place must open for polling\n(the polling open time for the place); and\n(b) the time when the polling place must close for polling\n(the polling close time for the place).\n[1.30] New section 120A\n","sortOrder":40},{"sectionNumber":"120A","sectionType":"section","heading":"Certified extracts and certified lists of electors for","content":"120A Certified extracts and certified lists of electors for\nATSIEB election\n(1) As soon as practicable after the roll for an electorate closes, the\ncommissioner must—\n(a) prepare—\n(i) a certified extract of electors; and\n(ii) a certified list of electors; and\n(b) give a copy of the certified list to the OIC for each polling place.\n(2) In this Act:\ncertified extract of electors, for an election in an electorate, means an\nextract from the roll for the electorate, certified by the commissioner,\nfor each elector enrolled who will be at least 18 years of age on\npolling day.\ncertified list of electors, for an election in an electorate, means a list,\ncertified by the commissioner, that contains—\n(a) a certified extract of electors; and\n(b) each elector’s year of birth and gender.\n\nModification [1.31]\n[1.31] Scrutineers—appointment\nSection 122 (1)\n(1) A candidate for an ATSIEB election may appoint a scrutineer to\nrepresent the candidate during—\n(a) the taking of votes for the election at polling places; and\n(b) the scrutiny for the election.\n[1.32] New section 125A\n","sortOrder":41},{"sectionNumber":"125A","sectionType":"section","heading":"Review panel","content":"125A Review panel\n(1) Before the polling start day for an ATSIEB election, the\ncommissioner must establish a review panel to review any decision\nmade by an Aboriginal and Torres Strait Islander liaison officer in\nrelation to a claim by an elector that the elector—\n(a) is an Aboriginal or Torres Strait Islander person; or\n(b) lives in the ACT.\n(2) A review panel is made up of 3 members appointed by the\ncommissioner, under the Electoral Act, section 33 (1), as review panel\nofficers for this Act.\n(3) A person is eligible to be appointed as a review panel officer if the\nperson—\n\nModification [1.33]\npage 42 Aboriginal and Torres Strait Islander Elected Body\n(b) is not a candidate in the election.\n(4) Before appointing review panel officers, the commissioner must\nconsult ATSIEB.\n[1.33] Supplementary elections\nSection 126\nomit\n\nModification [1.34]\n[1.34] Entitlement to vote\nSection 128 (1)\n(1) A person is entitled to vote in an ATSIEB election if the person is—\n(a) an Aboriginal or Torres Strait Islander person; and\n(b) at least 18 years old on polling start day; and\n(c) enrolled, or entitled to be enrolled, for an electorate in the ACT.\nNote The Electoral Act, s 72 (Entitlement) states when a person is entitled to\nbe enrolled for an electorate.\n[1.35] Section 128 (3)\nomit\n[1.36] Section 129\n","sortOrder":42},{"sectionNumber":"129","sectionType":"section","heading":"Voting not compulsory","content":"129 Voting not compulsory\nVoting at an ATSIEB election is not compulsory.\n[1.37] Section 130\n","sortOrder":43},{"sectionNumber":"130","sectionType":"section","heading":"Multiple votes prohibited","content":"130 Multiple votes prohibited\nAn elector must not vote more than once at the same election.\n\nModification [1.38]\npage 44 Aboriginal and Torres Strait Islander Elected Body\n[1.38] Procedures for voting\nSection 131 (1) (b)\nomit\n[1.39] Section 131 (2)\n(2) An elector may cast a vote during the polling period for an ATSIEB\nelection at any polling place for the election.\n[1.40] Section 133\n","sortOrder":44},{"sectionNumber":"133","sectionType":"section","heading":"Claims to vote","content":"133 Claims to vote\n(1) This section applies if a person attends before an officer at a polling\nplace during the polling period for an ATSIEB election and claims to\nvote at the election.\n(2) The officer (the issuing officer) must give the person a ballot paper\nif satisfied that—\n(a) the certified list of electors—\n(i) states the person’s name; and\n(ii) states an address for the person or indicates that the\nperson’s address is suppressed; and\n(iii) has not been marked in a way that indicates that a ballot\npaper has already been issued to the person; and\n(b) no challenge has been made under section 133A in relation to\nthe person.\n(3) Despite subsection (1), an officer must not issue a ballot paper to a\nperson who indicates that they have already voted at the election.\n\nModification [1.41]\n(4) Immediately after issuing a ballot paper to a claimant, the officer must\nrecord the issue on the certified list of electors.\n[1.41] New sections 133A and 133B\n","sortOrder":45},{"sectionNumber":"133A","sectionType":"section","heading":"Challenge whether claimant to vote is Aboriginal or","content":"133A Challenge whether claimant to vote is Aboriginal or\nTorres Strait Islander person\n(1) This section applies if a liaison officer suspects on reasonable\ngrounds that a person claiming to vote under section 133\n(the claimant) is not an Aboriginal or Torres Strait Islander person.\n(2) The liaison officer may ask the claimant any question the officer\nbelieves on reasonable grounds is necessary to decide whether the\nclaimant is an Aboriginal or Torres Strait Islander person.\n(3) The liaison officer must consider any answer the claimant gives the\nofficer.\n(4) If the liaison officer decides, on the balance of probabilities, that the\nclaimant is not an Aboriginal or Torres Strait Islander person, the\nofficer must—\n(a) challenge the claimant’s right to vote at the election; and\n(b) tell the claimant about the claimant’s right to cast a declaration\nvote under section 133B; and\n(c) tell the issuing officer under section 133 about the challenge;\nand\n(d) record the details of the challenge in a register (the liaison\nofficer’s objections register) and sign the record.\n(5) After being challenged under subsection (4), the claimant may—\n(a) leave the polling place; or\n(b) elect to cast a declaration vote under section 133B.\n\nModification [1.42]\npage 46 Aboriginal and Torres Strait Islander Elected Body\n(6) If the claimant elects to cast a declaration vote under section 133B,\nthe liaison officer must give the claimant a written notice about the\nchallenge, including a statement to the effect that—\n(a) notice of the liaison officer’s decision will be given to the review\npanel under section 134A (Review of challenge under s 133A);\nand\n(b) the claimant’s ballot paper will only be admitted to scrutiny if\nthe review panel decides that the claimant is an Aboriginal or\nTorres Strait Islander person.\n","sortOrder":46},{"sectionNumber":"133B","sectionType":"section","heading":"Declaration voting—challenged claims to vote","content":"133B Declaration voting—challenged claims to vote\n(1) This section applies if a claimant elects, under section 133A (5) (b),\nto cast a declaration vote.\n(2) The issuing officer under section 133 must—\n(a) give the claimant declaration voting papers; and\n(b) indicate on the envelope on which the declaration appears that\nthe claimant is casting a declaration vote because the liaison\nofficer has challenged the claimant’s claim to be an Aboriginal\nor Torres Strait Islander person.\n(3) Subject to section 156, the claimant and the issuing officer must\nfollow the procedure stated in section 135 (4) (Declaration voting at\npolling places) for the casting of a declaration vote under this section.\n[1.42] New section 134A and 134B\nin division 10.2, insert\n","sortOrder":47},{"sectionNumber":"134A","sectionType":"section","heading":"Review of challenge under s 133A","content":"134A Review of challenge under s 133A\n(a) a liaison officer challenges, under section 133A (4) (a), a\nclaimant’s right to vote; and\n\nModification [1.42]\n(b) the claimant elects, under section 133A (5) (b), to cast a\ndeclaration vote.\n(2) The commissioner must give the review panel written notice of the\nliaison officer’s decision not later than 3 business days after the day\nthe claimant has cast a declaration vote.\n(3) The review panel must review the liaison officer’s decision and\ndecide, on the balance of probabilities, whether the claimant is an\nAboriginal or Torres Strait Islander person.\n(4) The review panel must complete its review not later than 6 business\ndays after the polling close day.\n(5) If any member of the review panel decides that the claimant is an\nAboriginal or Torres Strait Islander person, the claimant’s ballot\npaper must be admitted to scrutiny under part 12.\n(6) The review panel must give the commissioner and the claimant\nwritten notice of—\n","sortOrder":48},{"sectionNumber":"134B","sectionType":"section","heading":"Challenged claimant to leave polling place","content":"134B Challenged claimant to leave polling place\nA claimant who is given a ballot paper and ballot paper envelope\nunder section 133B (Declaration voting—challenged claims to vote)\nmust leave a polling place immediately after the claimant places the\nclaimant’s sealed ballot paper envelope and contents in a ballot box\nat the polling place.\n\nModification [1.42A]\npage 48 Aboriginal and Torres Strait Islander Elected Body\n[1.42A] Declaration voting at polling places\nSection 135 (1) (a) and (b)\n(a) the certified list of electors for the electorate does not specify the\nperson’s name; or\n(b) the certified list of electors for the electorate has been marked so\nas to indicate that a ballot paper has already been issued to the\nperson but the person claims not to have voted already at the\n[1.43] New section 135A\nin division 10.3, insert\n","sortOrder":49},{"sectionNumber":"135A","sectionType":"section","heading":"Evidence of living in ACT","content":"135A Evidence of living in ACT\n(1) This section applies to a person who casts a declaration vote under\nsection 135 (Declaration voting at polling places).\n(2) The person must give evidence that the person lives in the ACT—\n(a) to the officer at the polling place who issues the person with\ndeclaration voting papers (the issuing officer); or\n(b) to the commissioner not later than 3 business days after the\npolling close day for the election.\nExamples—evidence that person lives in the ACT\none of the following documents, if it states the person’s name and an ACT address\nfor the person:\n• a driver licence\n• vehicle registration\n• a contract of purchase or current lease for place of residence\n• a utility account statement (electricity, gas, telephone or water) paid within 3\nmonths before the relevant ATSIEB election\n\nModification [1.44]\n(3) If the person gives the issuing officer evidence that the person lives\nin the ACT, the issuing officer must—\n(a) record the details of the evidence; and\n(b) include a written statement of the record with the person’s\ndeclaration voting papers.\n(4) If the person gives the commissioner evidence that the person lives in\nthe ACT within the time required under subsection (2) (b), the person\nis, for schedule 3, taken to be enrolled to vote.\n(5) If the person does not provide evidence that the person lives in the\nACT within the time required under subsection (2), the person’s\nballot paper must not be admitted to scrutiny under part 12.\n[1.44] Applications for postal voting papers\nSection 136A (2) (c)\n(c) received by an authorised officer before 5 pm on the Thursday\nbefore polling close day.\n[1.45] Section 136A (6)\n(6) Despite subsections (3) and (5), the authorised officer may post or\ngive postal voting papers to the applicant as soon as practicable after\nthe draw for positions on the ballot paper is completed.\n[1.46] Ordinary or declaration voting in ACT before polling day\nSection 136B\nomit\n\nModification [1.47]\npage 50 Aboriginal and Torres Strait Islander Elected Body\n[1.47] Declaration voting outside ACT on or before polling day\nSection 136C\nomit\n[1.48] Record of issue of declaration voting papers\nSection 137 (1)\nomit\n, 136B (17) or 136C\n[1.49] Inspection of records\nSection 138 (1)\nomit\npolling day\npolling close day\n[1.50] Receipt of declaration voting papers\nSection 139 (2)\n(2) If the commissioner receives completed postal voting papers under\nsubsection (1), the commissioner must give the voting papers to the\nreview panel for their decision, under section 144B, about whether\nthe person who cast the postal vote is an Aboriginal or Torres Strait\nIslander person.\n[1.51] Registered declaration voters\nSection 140\nomit\n\nModification [1.52]\n[1.52] Issue of voting papers to registered declaration voters\nSection 141\nomit\n[1.53] Requirements for casting postal votes\nSection 144A (1)\nomit\nor section 141 (Issue of voting papers to registered declaration voters)\n[1.54] New sections 144B and 144C\n","sortOrder":50},{"sectionNumber":"144B","sectionType":"section","heading":"Review panel—eligibility of person who postal votes","content":"144B Review panel—eligibility of person who postal votes\n(1) This section applies if the commissioner gives the review panel\ncompleted postal voting papers under section 139 (2).\n(2) The review panel must decide, after making any investigation the\npanel considers appropriate, whether the person who cast the postal\nvote (the claimant) is an Aboriginal or Torres Strait Islander person.\n(3) The review panel must complete its review not later than 6 business\ndays after the day it receives the claimant’s postal voting papers.\n(4) If any member of the review panel decides that the claimant is an\nAboriginal or Torres Strait Islander person, the claimant’s ballot\npaper must be admitted to scrutiny under part 12.\n(5) The review panel must give the commissioner written notice of—\n\nModification [1.55]\npage 52 Aboriginal and Torres Strait Islander Elected Body\n(6) The commissioner must tell the claimant whether, having regard to\nthe review panel’s decision, the claimant’s vote will be admitted to\nscrutiny.\n","sortOrder":51},{"sectionNumber":"144C","sectionType":"section","heading":"Review panel—residence of person who postal votes","content":"144C Review panel—residence of person who postal votes\n(1) This section applies if the commissioner gives the review panel\ncompleted postal voting papers under schedule 3, clause 12.\n(2) The review panel must decide, after making any investigation the\npanel considers appropriate, whether the person who cast the postal\nvote (the claimant) lives in the ACT.\n(3) The review panel must complete its review not later than 6 business\ndays after the day it receives the claimant’s postal voting papers.\n(4) If any member of the review panel decides that the claimant lives in\nthe ACT, the claimant’s ballot paper must be admitted to scrutiny\nunder part 12.\n(5) The review panel must give the commissioner written notice of—\n(6) The commissioner must tell the claimant whether, having regard to\nthe review panel’s decision, the claimant’s vote will be admitted to\nscrutiny.\n[1.55] Mobile polling\nDivision 10.5\nomit\n\nModification [1.56]\n[1.56] Section 154\n","sortOrder":52},{"sectionNumber":"154","sectionType":"section","heading":"Arrangements at polling places—opening and closing","content":"154 Arrangements at polling places—opening and closing\n(1) Each polling place for an ATSIEB election must—\n(a) open at the polling open time for the polling place; and\n(b) close at the polling close time for the polling place.\n(2) No-one must be admitted to the polling place after the polling close\ntime for the purpose of voting.\n(3) The poll at the polling place must—\n(a) open at the polling open time; and\n(b) not close until all electors present in the polling place at the\npolling close time and wanting to vote have voted.\npolling close time, for a polling place, means the polling close time\nstated in the appointment under section 119 (1) (a) for the polling\nplace.\npolling open time, for a polling place, means the polling open time\nstated in the appointment under section 119 (1) (a) for the polling\nplace.\n","sortOrder":53},{"sectionNumber":"154A","sectionType":"section","heading":"Arrangements at polling places—ballot boxes","content":"154A Arrangements at polling places—ballot boxes\n(1) The polling at each polling place for an ATSIEB election must be\nconducted in accordance with this section.\n(2) Before any vote is taken in the election, the OIC must, in the presence\nof any scrutineers—\n(a) exhibit the ballot box for the election empty; and\n\nModification [1.56]\npage 54 Aboriginal and Torres Strait Islander Elected Body\n(b) after exhibiting the ballot box, securely fasten its cover.\n(3) At the end of each day’s polling, the OIC must, in the presence of any\nscrutineers, close the ballot box and seal it.\n(4) At the start of the 2nd and each subsequent day’s polling, the OIC\nmust, in the presence of any scrutineers, examine the seal on the ballot\nbox and open it.\n(5) The same ballot box must be used at each polling place for the\nelection unless it is full.\n(6) When a ballot box is full, the OIC must, in the presence of any\nscrutineers—\n(a) close and seal the ballot box; and\n(b) exhibit another ballot box for the election empty and then\nsecurely fasten its cover.\n(7) At the end of the polling close day for the election, the OIC must, in\nthe presence of any scrutineers—\n(a) close and seal the ballot box containing sealed ballot paper\nenvelopes and their contents for ordinary voting or declaration\nvoting; and\n(b) parcel and enclose in sealed wrapping all unused ballot papers;\nand\n(c) parcel and enclose in sealed wrapping all other electoral papers\nused at the polling place; and\n(d) give all the ballot boxes used in the election, and the articles\nmentioned in paragraph (b) and (c), to the commissioner.\n(8) The commissioner must keep the articles mentioned in subsection (7)\nin safe custody for the purposes of scrutiny under part 12.\n\nModification [1.57]\n(9) Ballot paper envelopes containing ballot papers cast as ordinary votes\nin an ATSIEB election may only be removed from ballot boxes and\ncounted after the close of polling on polling close day.\n[1.57] Extension of time for conducting elections\nSection 159 (1)\nomit\nthe day\nthe period\n[1.58] Suspension and adjournment of polling\nSection 160 (1)\nomit\non polling day\nduring the polling period\n[1.59] Section 160 (5)\nomit\non the day\nduring the period\n[1.60] Failure to vote\n","sortOrder":54},{"sectionNumber":"Div 10","sectionType":"division","heading":"7","content":"Division 10.7\nomit\n\nPart 1.4 Modification of pt 12 (The scrutiny)\nModification [1.61]\npage 56 Aboriginal and Torres Strait Islander Elected Body\nPart 1.4 Modification of pt 12 (The\nscrutiny)\n[1.61] Scrutiny\nSection 178 (3) (f)\nomit\n[1.62] Preliminary scrutiny of declaration voting papers etc\nSection 179 (1) (c)\nomit\n[1.63] Section 179 (6)\nomit\n[1.64] First count—ordinary ballot papers\nSection 182 (2)\n(2) The OIC for a scrutiny centre must arrange for the procedures set out\nin this section to be carried out not earlier than—\n(a) 7 business days after the polling close day for the election; or\n(b) if a review panel is considering a postal vote under section 144B\nor section 144C—the day after the review panel gives the\ncommissioner written notice of its decision under\nsection 144B (5) or section 144C (5).\n[1.65] Section 182 (5) (b), (c) and (d)\nomit\n[1.66] Section 182 (6) and (7)\nomit\n\nModification of pt 12 (The scrutiny) Part 1.4\nModification [1.67]\n[1.67] Section 183A\n","sortOrder":55},{"sectionNumber":"183A","sectionType":"section","heading":"First count—electronic ballot papers","content":"183A First count—electronic ballot papers\nThe OIC for a scrutiny centre must arrange for preferences from\nelectronic voting to be entered into the approved computer program,\nand for the electronic counting of the votes using the program, not\nearlier than—\n(a) 7 business days after the polling close day for the election; or\n(b) if a review panel is considering a postal vote under section 144B\nor section 144C—the day after the review panel gives the\ncommissioner written notice of its decision under\nsection 144B (5) or section 144C (5).\n[1.68] Second count—first preferences\nSection 184\nomit\n[1.69] Ascertaining result of poll\nSection 185 (1) (a)\nomit\n[1.70] Section 189\n","sortOrder":56},{"sectionNumber":"189","sectionType":"section","heading":"Declaration of result of ATSIEB election","content":"189 Declaration of result of ATSIEB election\n(1) As soon as practicable after the result of an ATSIEB election has been\ndecided, the commissioner must, in writing, declare each successful\ncandidate elected.\n(2) A declaration under subsection (1) is a notifiable instrument.\n\nPart 1.4 Modification of pt 12 (The scrutiny)\nModification [1.70]\npage 58 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":57},{"sectionNumber":"189A","sectionType":"section","heading":"Report of result of ATSIEB election","content":"189A Report of result of ATSIEB election\n(1) As soon as practicable after the result of an ATSIEB election has been\ndecided, the commissioner must give the ATSIEB chair (or, if there\nis no chair, the Minister) a written report setting out:\n(a) the election results; and\n(b) the number of votes received by each candidate.\n(2) The commissioner must make the report available to the public during\nordinary office hours.\n• at the office of the commissioner\n• on the commissioner’s website\n\nModifications of pt 13 (Casual vacancies) Part 1.5\nModification [1.71]\nPart 1.5 Modifications of pt 13 (Casual\nvacancies)\n[1.71] Section 190, new definitions\ncasual vacancy means a vacancy in a position on ATSIEB if the\nvacancy has happened otherwise than because—\n(a) the term for which the ATSIEB member was elected has ended;\nor\n(b) there has been a partial failure of an election.\nNote See s 111B for what happens if there are no candidates for an\nATSIEB election.\npartial failure, of an ATSIEB election, means that fewer candidates\nwere nominated for the election than were required to be elected.\n[1.72] Section 190, definition of Speaker\nomit\n[1.73] Notice of casual vacancy\nSection 191 (1)\n(a) the ATSIEB chair tells the commissioner in writing that there is\na casual vacancy for a position for an ATSIEB member; and\n(b) the vacancy occurs after the latest ATSIEB election has been\ndeclared and before 1 January in the year in which the next\nATSIEB election is to be held.\n\nPart 1.5 Modifications of pt 13 (Casual vacancies)\nModification [1.75]\npage 60 Aboriginal and Torres Strait Islander Elected Body\n(1A) If the commissioner is satisfied that it is practicable to fill the vacancy\nunder section 194, the commissioner must give public notice of the\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n[1.75] Publication of candidates’ details\nSection 193 (1) (b)\nomit\nany suppressed address\nthe candidate’s address\n[1.76] Determination of candidate to fill vacancy\nSection 194 (3)\n(3) The commissioner must—\n(a) declare the successful candidate elected; and\n(b) tell the ATSIEB chair (or, if there is no chair, the Minister) in\nwriting about the election of the successful candidate.\n[1.77] Sections 195 and 196\n","sortOrder":58},{"sectionNumber":"195","sectionType":"section","heading":"ATSIEB nominees","content":"195 ATSIEB nominees\n(a) there is a casual vacancy for a position on ATSIEB; and\n\nModifications of pt 13 (Casual vacancies) Part 1.5\nModification [1.77]\n(b) the commissioner tells the ATSIEB chair (or, if there is no chair,\nthe Minister)—\n(i) under section 191 (4), that it is not practicable to fill the\nvacancy; or\n(ii) under section 193 (2), that there are no candidates for the\n(2) The Minister must, after taking into consideration any\nrecommendations from ATSIEB, appoint a person who is eligible to\nbe elected to the vacant position to fill the vacancy.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n","sortOrder":59},{"sectionNumber":"196","sectionType":"section","heading":"Term of ATSIEB member declared elected under pt 13","content":"196 Term of ATSIEB member declared elected under pt 13\n(1) This section applies to a person—\n(a) declared elected under section 194 (3) (a); or\n(b) appointed under section 195 (2).\n(2) The term of the person’s appointment begins at the end of the day the\nelection of the person is declared or the person is appointed and,\nunless sooner ended, ends on the day the former ATSIEB member’s\nappointment would have ended.\n\nPart 1.6 Modifications of pt 16 (Disputed elections, eligibility and vacancies)\nModification [1.78]\npage 62 Aboriginal and Torres Strait Islander Elected Body\nPart 1.6 Modifications of pt 16 (Disputed\nelections, eligibility and\nvacancies)\n[1.78] Definitions for pt 16\nSection 250, definition of Speaker\nomit\n[1.79] Section 251\n","sortOrder":60},{"sectionNumber":"251","sectionType":"section","heading":"Meaning of ATSIEB chair—pt 16","content":"251 Meaning of ATSIEB chair—pt 16\n(1) In this part:\nATSIEB chair includes—\n(a) if the ATSIEB chair is unavailable—the ATSIEB deputy chair;\nor\n(b) if both the ATSIEB chair and the ATSIEB deputy chair are\nunavailable—another ATSIEB member who is not the subject\nof a proceeding and is appointed by ATSIEB to act as the\nATSIEB chair for this part; or\n(c) if both the ATSIEB chair and the ATSIEB deputy chair are\nunavailable and no ATSIEB member is appointed for paragraph\n(b)—the Minister.\n(2) For this section, the ATSIEB chair or the ATSIEB deputy chair is\nunavailable if—\n(a) the office-holder is absent from duty; or\n(b) there is a vacancy in the office; or\n(c) the office-holder is the subject of a proceeding.\n\nModifications of pt 16 (Disputed elections, eligibility and vacancies) Part 1.6\nModification [1.80]\n[1.80] Validity may be disputed after election\nNew section 256 (2) (aa) and (ab)\nbefore section 256 (2) (a), insert\n(aa) a decision by a liaison officer or review panel in relation to an\nelector’s claim to be an Aboriginal or Torres Strait Islander\nperson;\n(ab) a decision by a review panel in relation to an elector’s claim to\nlive in the ACT;\n[1.80A] Immaterial delays and errors\nSection 268 (1) (b)\nomit\npreliminary\n[1.81] Inquiries by court\nSection 269 (3)\nomit\n\nPart 1.7 Modifications of pt 17 (Electoral offences)\nModification [1.82]\npage 64 Aboriginal and Torres Strait Islander Elected Body\nPart 1.7 Modifications of pt 17 (Electoral\noffences)\n[1.82] Sections 286 and 287\n286 Interference with voting\n(1) A person must not—\n(a) interfere with the casting of a vote by an elector; or\n(b) do anything to find out how an elector voted; or\n(c) allow anyone else to find out how an elector voted.\n(2) Subsection (1) does not apply to a person assisting an elector under\nsection 156.\n[1.83] Section 288\n","sortOrder":61},{"sectionNumber":"288","sectionType":"section","heading":"Violence and intimidation","content":"288 Violence and intimidation\nA person must not, by violence or intimidation, hinder or interfere\nwith the free exercise of a right or function under this Act.\nNote 1 Function is defined in the Legislation Act, dict, pt 1 to include authority,\nduty and power.\nNote 2 Exercise a function includes perform the function (see Legislation Act,\ndict, pt 1).\n\nModifications of pt 17 (Electoral offences) Part 1.7\nModification [1.84]\n[1.84] Dissemination of unauthorised electoral matter\nSection 292 (1) (b) (iii)\n(iii) if the matter is disseminated for a candidate for election or\na person who has publicly indicated that the person intends\nto be a candidate for election—a statement to the effect\nthat the matter is disseminated for the candidate or person;\nand\n[1.85] Publication of statements about candidates\nSection 301 (3)\nomit\n[1.86] Canvassing within 100m of polling places\nSection 303 (7), definition of polling hours\npolling hours, for a polling place, means the period stated in the\nappointment under section 119 during which the place is open for\npolling.\n[1.87] Section 307\n","sortOrder":62},{"sectionNumber":"307","sectionType":"section","heading":"Voting fraud","content":"307 Voting fraud\n(1) A person must not supply a ballot paper unless authorised by this Act.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if the person dishonestly obtains a ballot\npaper.\nMaximum penalty: 20 penalty units.\n\nPart 1.7 Modifications of pt 17 (Electoral offences)\nModification [1.88]\npage 66 Aboriginal and Torres Strait Islander Elected Body\n(3) A person must not mark a ballot paper unless—\n(a) the person is an elector or an assistant assisting the elector under\nsection 156; and\n(b) the ballot paper marked is the elector’s ballot paper.\n(4) A person commits an offence if—\n(a) the person casts a ballot; and\n(b) the person is not entitled to vote.\n[1.88] New section 317A\n317A Influencing of votes by officers\n(1) An officer must not do anything to influence someone else’s vote.\nofficer includes a liaison officer.\n[1.89] New sections 318A and 318B\n","sortOrder":63},{"sectionNumber":"318A","sectionType":"section","heading":"Giving completed ballot papers to commissioner","content":"318A Giving completed ballot papers to commissioner\nA person who accepts completed ballot papers to be given to the\ncommissioner must give them to the commissioner as soon as\npracticable.\nMaximum penalty: 10 penalty units.\n\nModifications of pt 17 (Electoral offences) Part 1.7\nModification [1.89]\n318B Opening envelopes containing ballot papers\nUnless authorised under this Act, a person must not open a ballot box,\nor an envelope, that appears to contain completed ballot papers.\nMaximum penalty: 5 penalty units.\n\nPart 1.8 Modifications of pt 18 (Enforcement proceedings)\nModification [1.90]\npage 68 Aboriginal and Torres Strait Islander Elected Body\nPart 1.8 Modifications of pt 18\n(Enforcement proceedings)\n[1.90] Commissioner may prosecute enrolment and voting\noffences\nSection 326\nomit\n[1.91] Service of certain process by mail\nSection 327\nomit\n\nModifications of pt 19 (Miscellaneous) Part 1.9\nModification [1.92]\nPart 1.9 Modifications of pt 19\n(Miscellaneous)\n[1.92] Administrative arrangements with Commonwealth and\nStates\nSection 336\nomit\n[1.93] Evidentiary certificates\nSection 337 (1) (b) (ii)\nomit\n[1.94] Section 337 (1) (h) and (i)\nomit\nregistered party,\n[1.95] Approved forms\nSection 340A\nomit\n[1.96] Regulation-making power\nSection 341\nomit\n\nPart 1.10 Modifications of sch 3 (Preliminary scrutiny of declaration voting papers)\nModification [1.97]\npage 70 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":64},{"sectionNumber":"Part 1","sectionType":"part","heading":"10 Modifications of sch 3","content":"Part 1.10 Modifications of sch 3\n(Preliminary scrutiny of\ndeclaration voting papers)\n[1.97] Clause 6 (1), definition of relevant provision, new\nparagraph (aa)\nbefore clause 6 (1) (a), insert\n(aa) for a vote under section 133B (Declaration voting—challenged\nclaims to vote)—section 133B (3); or\n[1.98] Clause 6 (1), definition of relevant provision, paragraphs\n(b) and (c)\nomit\n[1.99] Clause 6 (2)\n(2) This clause applies to a set of declaration voting papers if the officer\nis satisfied that—\n(a) the signature on the declaration is that of the elector; and\n(b) the certificate by the witness is in accordance with the relevant\nprovision; and\n(c) for a postal vote if the papers were posted to the commissioner—\nthe papers were posted before the close of the poll; and\n(d) for a declaration vote under section 133B (3) or a postal vote\nunder section 136A (Applications for postal voting papers)—the\nreview panel or a member of the review panel has decided that\nthe elector is an Aboriginal or Torres Strait Islander person.\n\nModifications of sch 3 (Preliminary scrutiny of declaration voting papers) Part 1.10\nModification [1.99A]\n[1.99A] Clause 9 (a)\n(a) the elector who signed the declaration was, when the roll closed\nfor the election, entitled to be enrolled; and\n[1.100] Clause 11\nomit everything before paragraph (a), substitute\n","sortOrder":65},{"sectionNumber":"11","sectionType":"section","heading":"The OIC must, in accordance with clauses 4 to 10, conduct a further","content":"11 The OIC must, in accordance with clauses 4 to 10, conduct a further\nscrutiny of the group of remaining declaration voting papers to which\nclause 5 (b) applies and, if there are any papers to which clause 5 (b)\napplies after the further scrutiny, the OIC must—\n[1.101] New clause 12\n","sortOrder":66},{"sectionNumber":"12","sectionType":"section","heading":"The OIC must, in accordance with clauses 4 to 10, conduct a further","content":"12 The OIC must, in accordance with clauses 4 to 10, conduct a further\nscrutiny of the group of remaining declaration voting papers to which\nclause 8 (b) applies and, if there are any papers to which clause 8 (b)\napplies after the further scrutiny, the OIC must give the papers to the\nreview panel for consideration under section 144C.\n\nModification [1.102]\npage 72 Aboriginal and Torres Strait Islander Elected Body\n[1.102] Definition of ballot paper, paragraph (b)\n(b) if a regulation is in force under section 114 (4) (Ballot papers)—\nmeans a ballot paper in the form prescribed by regulation.\n[1.103] New definition of casual vacancy\ncasual vacancy, for part 13 (Casual vacancies)—see section 190.\n[1.103A] Definitions of certified extract of electors and certified list\nof electors\ncertified extract of electors, for an election in an electorate—see\nsection 120A.\ncertified list of electors, for an election in an electorate—see\nsection 120A.\n[1.103B] New definition of closed\nclosed, in relation to a roll, means closed in accordance with\nsection 80.\n[1.104] Definition of declaration vote, new paragraph (aa)\nbefore paragraph (a), insert\n(aa) section 133B (Declaration voting—challenged claims to vote);\n\nModifications of dictionary Part 1.11\nModification [1.105]\n[1.105] New definition of liaison officer\nliaison officer means an Aboriginal and Torres Strait Islander liaison\nofficer appointed under section 33 (2A).\n[1.105A] Definition of official error\nomit\n6 pm on the first day of the pre-election period for\nthe roll closed for the purpose of\n[1.105B] New definition of partial failure\npartial failure, for part 13 (Casual vacancies)—see section 190.\n[1.106] Definition of polling place\npolling place means a place appointed to be a polling place under\nsection 119.\n[1.106A] Definition of pre-election period\npre-election period, for an ATSIEB election, means the period––\n(a) starting at 9 am on the first day when a person may be nominated\nas a candidate for the election; and\n(b) ending at the end of the last day when an elector may vote in the\n\nModification [1.106B]\npage 74 Aboriginal and Torres Strait Islander Elected Body\n[1.106B] Definitions of preliminary certified extract of electors and\npreliminary certified list of electors\nomit\n[1.107] New definition of review panel\nreview panel means the panel established under section 125A.\n[1.108] Definition of supplementary certified list of electors\nomit\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• appoint\n• bankrupt or personally insolvent\n• body\n• business day\n• director-general (see s 163)\n• electoral commission\n• electoral commissioner\n• Executive\n• financial year\n• indictable offence (see s 190)\n• Minister (see s 162)\n• modification\n• must (see s 146)\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• public holiday\n• public sector body\n• sign.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n\npage 76 Aboriginal and Torres Strait Islander Elected Body\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\nATSIEB—see section 7.\nATSIEB chair—see section 15.\nATSIEB deputy chair—see section 16.\nATSIEB election, for part 3 (ATSIEB elections)—see section 28.\nATSIEB member means a person elected under part 3 (ATSIEB\nelections) to be a member of ATSIEB.\nATSIEB term means the period between ATSIEB elections.\ncommissioner means the electoral commissioner.\nelection start day, for part 3 (ATSIEB elections)—see section 28.\nelector, for part 3 (ATSIEB elections)—see section 28.\nElectoral Act means the Electoral Act 1992.\nexecutive officer, of a government agency, means—\n(a) the director-general; or\n(b) for a public sector body—the person responsible for the\nmanagement of the public sector body; or\n(c) for a territory instrumentality—the head (however described) of\nthe instrumentality.\ngovernment agency means—\n(a) the public service; or\n(b) a public sector body; or\n(c) a territory instrumentality.\n\nhour of nomination, for an ATSIEB election––see the Electoral Act,\nsection 108 (3), as applied by section 31.\nNote Sch 1, pt 1.2, mod 1.14 modifies the Electoral Act, s 108 (3) in its\napplication to this Act.\nnomination close day, for an ATSIEB election, means the Monday\n33 days before the polling start day.\nnominee, for an ATSIEB election, means a person nominated as a\ncandidate for the election.\npolling close day, for part 3 (ATSIEB elections)—see section 28.\npolling period, for part 3 (ATSIEB elections)—see section 28.\npolling start day, for part 3 (ATSIEB elections)—see section 28.\nrepresentative Aboriginal organisation—see the Heritage Act 2004,\nsection 14.\n\n1 About the endnotes\npage 78 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":67},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":68},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nAboriginal and Torres Strait Islander Elected Body Act 2008 A2008-12\nnotified LR 14 May 2008\ns 1, s 2 commenced 14 May 2008 (LA s 75 (1))\nremainder commenced 15 May 2008 (s 2)\nas amended by\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.1\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 June 2010 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.1\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.1\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.1 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.1\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.1 commenced 12 December 2011 (s 2)\nElectoral Legislation Amendment Act 2012 A2012-1 sch 1\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\nsch 1 commenced 29 February 2012 (s 2)\nAct 2013 A2013-6\nnotified LR 5 March 2013\ns 1, s 2 commenced 5 March 2013 (LA s 75 (1))\nremainder commenced 6 March 2013 (s 2)\n\n","sortOrder":69},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 80 Aboriginal and Torres Strait Islander Elected Body\nAct 2014 A2014-15\nnotified LR 9 May 2014\ns 1, s 2 commenced 9 May 2014 (LA s 75 (1))\nremainder commenced 10 May 2014 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.1\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 4 pt 4.1\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 4 pt 4.1 commenced 27 April 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.1\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.1\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.1 commenced 9 March 2017 (s 2)\nAct 2017 A2017-18\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\nremainder commenced 15 July 2017 (s 2, CN2017-4 and see LA\ns 77 (3))\nAct 2020 A2020-36\nnotified LR 5 August 2020\ns 1, s 2 commenced 5 August 2020 (LA s 75 (1))\nremainder commenced 6 August 2020 (s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.1\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.1 commenced 6 December 2025 (s 2 (5))\n\npage 82 Aboriginal and Torres Strait Islander Elected Body\nCommencement\ns 2 om LA s 89 (4)\nObjects\ns 3 am A2011-52 amdt 3.3; A2017-18 s 4, s 5\nFunctions of ATSIEB\ns 8 am A2011-52 amdt 3.3, A2017-18 ss 6-11; pars renum\nR14 LA; A2020-36 s 4, s 5; pars renum R15 LA\nConsultation on cultural heritage\ns 9 sub A2017-18 s 12\nDiscussions etc with non-government entities on systemic issues\ns 10 hdg sub A2017-18 s 13\ns 10 am A2011-22 amdts 1.1-1.3; A2011-52 amdt 3.3; A2016-52\namdt 1.1; A2017-18 s 14, s 15; A2020-36 s 6\nPublic hearings about government service provision\ns 10A ins A2017-18 s 16\nBroadcasting of public hearings\ns 10AA ins A2020-36 s 7\nReports from ATSIEB\ns 10B ins A2017-18 s 16\nam A2020-36 s 8, s 9\nRequirement to consult\ns 11 am A2011-52 amdt 3.1, amdt 3.3\nsub A2017-18 s 17\nATSIEB to develop consultation plan\ns 12 am A2011-52 amdt 3.3\nsub A2017-18 s 17\nConduct of consultation\ns 13 sub A2017-18 s 17\nReporting on consultation\ns 13A ins A2017-18 s 17\nam A2020-36 s 10\nATSIEB members\ns 14 am A2013-6 s 4\nATSIEB chair\ns 15 am A2017-18 s 18, s 19; ss renum R14 LA\n\nAmendment history 4\nATSIEB deputy chair\ns 16 am A2017-18 s 20, s 21; ss renum R14 LA\nResolution of no-confidence in ATSIEB chair or ATSIEB deputy chair\ns 16A ins A2017-18 s 22\nRemoval of ATSIEB member\ns 19 am A2010-18 amdt 1.1; A2017-18 s 23\nQuorum at ATSIEB meetings\ns 23 am A2017-18 s 24\nExecutive officer at ATSIEB meeting\ns 26 hdg sub A2011-22 amdt 1.4\ns 26 am A2011-22 amdts 1.5-1.7; A2017-18 s 25\nDefinitions—pt 3\ns 28 def hour of nomination om A2014-15 s 4\ndef nomination close day sub A2013-6 s 5\nom A2014-15 s 4\ndef nominee om A2014-15 s 4\ndef pre-election period om A2014-15 s 4\nTimetable for ATSIEB elections\ns 29 am A2013-6 s 6\ntable sub A2014-15 s 5\nDetermination of polling day\ns 29A ins A2014-15 s 6\nam A2025-29 amdt 4.1\nCaretaker period\ns 30A ins A2020-36 s 11\nApplication of Electoral Act\ns 31 am A2020-36 s 12; table items renum R15 LA\nApproved forms\ns 34 am A2025-29 amdt 4.1\nRegulation-making power\ns 36 am A2017-18 s 26; ss renum R14 LA; A2025-29 amdt 4.1\nTransitional\npt 5 hdg exp 15 November 2008 (s 44)\nTransitional—general\ndiv 5.1 hdg exp 15 November 2008 (s 44)\nTransitional—community forums\ns 37 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\n\npage 84 Aboriginal and Torres Strait Islander Elected Body\nTransitional—time and place of ATSIEB meetings\ns 38 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\nTransitional—first ATSIEB election\ndiv 5.2 hdg exp 15 November 2008 (s 44)\nConduct of first ATSIEB election\ns 39 exp 15 November 2008 (s 44)\nTransitional—timetable for first ATSIEB election\ns 40 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\nTransitional—modification of Electoral Act, s 33, s 111 and s 125A\ns 41 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\nTransitional—modification of Electoral Act, s 80\ns 42 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\nTransitional regulations\ns 43 exp 15 November 2008 (s 44 (LA s 88 declaration applies))\nExpiry—pt 5\ndiv 5.3 hdg exp 15 November 2008 (s 44)\nExpiry—pt 5\ns 44 exp 15 November 2008 (s 44)\nModifications of Electoral Act as applied to ATSIEB elections\nsch 1 am A2011-52 amdt 3.4; A2012-1 amdt 1.1, amdt 1.2; A2013-6\ns 7; A2014-15 s 7, s 8; A2015-33 amdt 1.1; A2016-18\namdt 4.1; A2017-4 amdt 3.1; A2020-36 ss 13-26; A2025-29\namdt 4.1\ndict am A2010-18 amdt 1.2; A2011-22 amdt 1.8; A2011-28\namdt 3.1; A2016-52 amdt 1.2; A2017-18 s 27\ndef Aboriginal or Torres Strait Islander person ins\nA2011-52 amdt 3.2\ndef Aboriginal person or Torres Strait Islander om\nA2011-52 amdt 3.2\ndef ATSIEB term ins A2017-18 s 28\ndef community forum om A2017-18 s 29\ndef executive officer ins A2017-18 s 30\ndef government agency sub A2016-52 amdt 1.3\ndef hour of nomination sub A2014-15 s 9\ndef nomination close day sub A2014-15 s 10\ndef nominee sub A2014-15 s 11\n\nAmendment history 4\ndef pre-election period om A2014-15 s 12\ndef representative Aboriginal organisation ins A2017-18\ns 30\ndef UNEC om A2017-18 s 31\n\n5 Earlier republications\npage 86 Aboriginal and Torres Strait Islander Elected Body\n","sortOrder":70},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n15 May 2008–\n15 Nov 2008\nnot amended new Act\n16 Nov 2008\n16 Nov 2008–\nnot amended commenced expiry\n3 June 2010–\nA2010-18 amendments by\nA2010-18\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-28 amendments by\nA2011-28\n12 Dec 2011\n12 Dec 2011–\n28 Feb 2012\nA2011-52 amendments by\nA2011-52\n29 Feb 2012\n29 Feb 2012–\n5 Mar 2013\nA2012-1 amendments by\nA2012-1\n6 Mar 2013\n6 Mar 2013–\nA2013-6 amendments by\nA2013-6\n10 May 2014–\n13 Oct 2015\nA2014-15 amendments by\nA2014-15\n14 Oct 2015\n14 Oct 2015–\n26 Apr 2016\nA2015-33 amendments by\nA2015-33\n27 Apr 2016\n27 Apr 2016–\n31 Aug 2016\nA2016-18 amendments by\nA2016-18\n1 Sept 2016\n1 Sept 2016–\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n9 Mar 2017\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\n15 July 2017–\n5 Aug 2020\nA2017-18 amendments by\nA2017-18\n6 Aug 2020\n6 Aug 2020–\n5 Dec 2025\nA2020-36 amendments by\nA2020-36","sortOrder":71}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a simple advisory or consultative forum, the Act has been expanded over time into a statutory, elected representative body with formal oversight and investigatory mechanics. Additions and amendments (recorded in the Act and Schedule 1) created statutory public hearings with mandatory attendance by agency executives (s 10A), statutory reporting and tabling obligations (s 10B), broadcasting arrangements (s 10AA), and a bespoke electoral regime that tightly controls eligibility, enrolment, verification (liaison officers and review panels — sch 1, mods [1.1], [1.32], [1.41]–[1.44]) and casual‑vacancy procedures (sch 1, mods [1.71]–[1.77]). Those developments move the instrument beyond a minimal consultative mechanism into an institutionalised representative oversight body with formal procedural, evidentiary and enforcement features. The expansion increases administrative, compliance and legal complexity and embeds specific executive levers (Ministerial removal and appointment powers) that affect how ATSIEB operates in practice."},"complexity_factors":["Comprehensive application and modification of the ACT Electoral Act 1992 across many Parts — Schedule 1 contains at least 108 discrete modification items ([1.1]–[1.108]) that rewrite electoral procedures for ATSIEB elections","Lengthy dictionary and many specialised defined terms (eg Aboriginal or Torres Strait Islander person, ATSIEB election, liaison officer, certified list/extract of electors) used across multiple parts","Cross-references and layered interpretation rules (s 31 applies Electoral Act provisions “with modifications”; s 32 maps Electoral Act terms to ATSIEB-specific terms)","Multiple conditional procedures and timelines (election timetable at s 29, declaration and review deadlines, polling start/close rules, scrutiny timing modifications)","Nested decision-making and review mechanisms: liaison officers can challenge identity at polling (sch 1, mods [1.41]), declaration voting and review panels (mods [1.42], [1.44], [1.54]) with specific evidentiary and timing rules","Exceptions and special cases: closed-roll provisions (sch 1, mod [1.4]), caretaker period (s 30A), casual vacancy paths including Ministerial appointment (sch 1, mods [1.71]–[1.77])","Shifts of liability and unusual allocations (broadcaster liability shifted to Territory s 10AA; member liability shifted to Territory s 35), requiring inter-agency budgeting and indemnity considerations","Multiple sites of executive discretion (Minister may give ATSIEB additional functions, remove members, determine polling day under s 29A), increasing interpretive and practice complexity"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a statutory Aboriginal and Torres Strait Islander Elected Body (\"ATSIEB\") for the Australian Capital Territory (s 7).\n- Gives ATSIEB a list of functions including receiving and passing on the views of Aboriginal and Torres Strait Islander people living in the ACT to Ministers and agencies, advising Ministers on request, representing and advocating on systemic issues, running community consultation and reporting on outcomes, monitoring programs and services, and advising on cultural heritage (s 8, s 9).  The objects of the Act are to maximise the voice and participation of Aboriginal and Torres Strait Islander people living in the ACT and to further their economic, social and cultural development (s 3).\n- Requires ATSIEB to run structured community consultation (prepare a consultation plan within 6 months of each term, give reasonable notice, publish consultation reports and seek responses from Ministers) and to report publicly on consultation outcomes (ss 11–13A).\n- Enables ATSIEB to hold at least two public hearings each term to gather information about the effectiveness and accessibility of government programs and services for Aboriginal and Torres Strait Islander people; government agency executive officers must attend and answer questions if asked (s 10A). ATSIEB must report to the Minister on hearings and the Minister must table the report and respond within set timeframes (s 10B).\n- Allows the Territory to contract for broadcasting or recording of ATSIEB public hearings and shifts certain liability from the broadcaster to the Territory (s 10AA).\n- Sets ATSIEB governance: seven elected, part-time members (s 14), election of a chair and deputy chair for three-year terms (ss 15–16), quorum and voting rules (ss 21–24), disclosure of conflicts of interest and related conduct rules (s 27), leave and removal processes (ss 19–20).\n- Creates a statutory election regime for ATSIEB by applying many provisions of the ACT Electoral Act 1992 to ATSIEB elections with customised modifications set out in Schedule 1. Key election rules include: one ACT-wide electorate electing seven members (sch 1, mod [1.3]); eligibility limited to Aboriginal or Torres Strait Islander people aged 18+ who are (or entitled to be) enrolled in ACT (sch 1, mods [1.5], [1.34]); voting is not compulsory (sch 1, mod [1.36]); special electoral officers — Aboriginal and Torres Strait Islander liaison officers at each polling place — and a review panel to decide challenges about whether a claimant is Indigenous or lives in the ACT (sch 1, mods [1.1], [1.32], [1.42], [1.50]).\n- Provides handling of casual vacancies with bespoke rules and, in some circumstances, Ministerial appointment after considering ATSIEB recommendations (sch 1, mods [1.71]–[1.77]).\n- Limits civil liability of ATSIEB members for honest conduct and places residual liability on the Territory (s 35(1)–(2)).\n- Gives the Executive a regulation-making power covering ATSIEB governance matters (s 36).\n\nWho this affects\n\n- Aboriginal and Torres Strait Islander people living in the ACT: they are the intended constituents of ATSIEB's consultative and representative role and are the only people eligible to nominate for and vote in ATSIEB elections (ss 11, 28; sch 1, mods [1.34], [1.5]).\n- ATSIEB members and chair/deputy chair: the Act sets terms, removal grounds, no-confidence mechanics, duties to disclose interests and protections from liability (ss 14–20, 16A, 27, 35).\n- ACT government agencies and their executive officers: agencies are required to consult with and respond to ATSIEB (ss 8(e), 10A(3), 10B(3)), to provide information when asked, and may be invited to meetings (s 26).\n- The Electoral Commission and electoral staff: the commissioner runs ATSIEB elections and must implement the many election modifications (s 31; Schedule 1). The Territory pays election costs and bears some liabilities attached to broadcasting and member conduct (s 10AA(4); s 35(2)).\n- Non‑government service providers used by Aboriginal and Torres Strait Islander people: ATSIEB may communicate with or raise systemic issues with non-government entities (s 10) but the law says ATSIEB does not make non‑government entities \"accountable\" to ATSIEB for their operations (s 10(3)).\n\nWhy it matters (stated purpose and practical implications)\n\n- The statute's stated purpose is to give Aboriginal and Torres Strait Islander people in the ACT an institutional channel to express views to decision‑makers and be involved in policy design and delivery (s 3). Mechanically, it does that by creating a formally elected representative body with statutory powers to consult, report, hold hearings and request attendance from agency executives (ss 8, 10A, 10B, 12–13A).\n\nTesting the purpose-claim against practical costs, incentives and trade-offs\n\n- Implementation and running costs: establishing and operating ATSIEB, holding public hearings (including possible broadcasting under contract), and running customised elections (liaison officers, review panel) impose direct administrative costs on the Territory (s 10AA, s 120A, sch 1). Those are borne by the public sector budget rather than ATSIEB members or private parties.\n- Compliance and administrative burden on agencies: the Act requires executive officers to take \"reasonable steps\" to attend hearings and answer questions (s 10A(3), s 26). Preparing timely responses to ATSIEB reports and participating in consultation plans creates staff time and documentation obligations for agencies (ss 10B(3), 12(1)–(3), 13A(3)–(5)).\n- Electoral complexity and participation incentives: ATSIEB elections are limited to people who both identify as Aboriginal or Torres Strait Islander and meet enrolment/residence tests (sch 1, mods [1.34], [1.103]). Voting is not compulsory (sch 1, mod [1.36]), and the Act creates a process where liaison officers can challenge a claimant's Indigenous status at the polling place and trigger a declaration vote and a review-panel decision (sch 1, mods [1.41]–[1.44], [1.42A]). These verification steps are intended to protect the electoral roll but also introduce timing, evidentiary and administrative friction that may deter some voters and increase resource needs for electoral administration.\n- Concentrated benefits and diffuse costs: benefits (representation, consultation outcomes) are concentrated among Aboriginal and Torres Strait Islander residents of the ACT and ATSIEB members (ss 3, 8). Costs (administration, hearings, election machinery, potential liability assumed by the Territory) are spread across Territory budgets and electoral administration (s 10AA(4), s 35(2)).\n- Decision and appointment levers retained by the Executive/Minister: the Minister can give functions to ATSIEB (s 8(k)), remove members for specified grounds (s 19), and play a role in filling vacancies where elections fail or are impracticable (sch 1, mods [1.71], [1.77]). Those mechanisms create a route for executive influence over membership and some operational aspects.\n- Legal and dispute risks: the Act embeds dispute-resolution pathways — review panels and the adaptation of the Electoral Act dispute provisions to ATSIEB elections (s 31; sch 1, mods [1.32], [1.80]) — so contested decisions about electoral eligibility, identity or residence can generate administrative reviews and court proceedings. The Act emphasises balancing (eg decisions on the balance of probabilities) but the potential for litigation exists where challenges are made to liaison officer or review panel findings (sch 1, mods [1.42], [1.44], [1.80]).\n- Effect on private businesses and competition: direct regulatory effects on private businesses are limited. ATSIEB may communicate about services provided by non‑government entities and recommend changes, which could influence procurement or service design, but the Act does not give ATSIEB regulatory powers over private providers (s 10(1)–(3), s 8(g), s 8(i)).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Territory government (through electoral commission and relevant agencies) funds ATSIEB operations, elections, broadcasting contracts and assumes certain liabilities (s 10AA(4); s 35(2)).\n- Who decides: ATSIEB decides how to run consultations and public hearings (within statutory requirements ss 12–13, 10A), the electoral commissioner runs elections subject to Schedule 1 modifications (s 31), and the Minister retains powers to remove members, give additional functions and, in limited cases, appoint members to fill vacancies (s 8(k), s 19; sch 1, mods [1.71], [1.77]).\n- Behaviour changes: agencies must respond and provide information; ATSIEB must actively consult, report and hold hearings; the electoral commission must run a specialised election process with liaison officers, evidence rules for declaration voting and review panels; eligible Indigenous residents may engage in a distinct electoral process with identity/residence verification at the polling place.\n\nPractical trade-offs and implementation risks (summary)\n\n- Trade-offs: the Act increases formal representation and oversight mechanisms but at the cost of administrative complexity and budget outlay. Verification procedures and review panels aim to protect the integrity of an Indigenous‑limited electorate but add friction that could reduce turnout.\n- Implementation risks: disputed identity/residence decisions could generate appeals and court proceedings; agencies may face resource pressure to meet hearing and reporting obligations; appointment and removal mechanics create potential for tension between ATSIEB independence and Ministerial oversight.\n\nKey sections to watch when using this law\n\n- Objects and functions: s 3 and s 8.\n- Public hearings and reporting: ss 10A–10B.\n- Election regime and special electoral measures: part 3 and Schedule 1 (especially sch 1, mods [1.1] liaison officers, [1.32] review panel, [1.34] entitlement to vote, [1.36] voting not compulsory, [1.41]–[1.44] challenged claims procedures).\n- Ministerial removal and vacancy filling: s 19; sch 1, mods [1.71]–[1.77].\n- Liability protections and who bears risk: s 35; broadcasting liability shift at s 10AA.\n\nThis summary aims to set out what the Act does in practical, mechanical terms and to point out the principal costs, incentives and procedural trade-offs that follow from those mechanics (references in parentheses are to the Act's sections and Schedule 1 modifications)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":839},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2008 form. Major additions include: public hearings with broadcasting provisions (2017/2020), caretaker periods (2020), detailed consultation planning and reporting requirements (2017), no-confidence procedures for leadership (2017), and substantial electoral process modifications including the liaison officer and review panel system for identity verification (2020). The electoral machinery has become considerably more elaborate, shifting from a relatively straightforward adapted Electoral Act framework to a bespoke system with multiple verification layers."},"complexity_factors":["Extensive modifications to the Electoral Act 1992 applied via Schedule 1 (108 separate modifications)","Cross-referencing between this Act, the Electoral Act, and the Heritage Act 2004","Multiple defined terms with signpost definitions scattered throughout (e.g., 'hour of nomination' defined via modified Electoral Act section)","Complex eligibility verification system involving liaison officers, review panels, and declaration votes with different scrutiny timelines","Nested conditions for casual vacancies with Ministerial appointment powers as fallback","Detailed procedural rules for meetings including quorum (4 of 7), voting, electronic participation, and interest disclosure with cascading consequences","Multi-layered consultation requirements with mandatory reporting and Ministerial response timelines","Schedule 1 modifications include substantial rewrites of Electoral Act provisions rather than simple textual amendments"],"plain_english_summary":"The Act creates the Aboriginal and Torres Strait Islander Elected Body (ATSIEB), a seven-member, democratically elected representative in the ACT to advise ministers, advocate on systemic issues, monitor government services, consult communities, and recommend cultural heritage protections. \n\nIt affects Aboriginal and Torres Strait Islander people eligible to vote or stand, and matters because it gives them a formal, accountable voice shaping policy, service delivery, and cultural safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008","history":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-elected-body-act-2008/documents"}}