Part 1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth act
The Act establishes and governs key institutions (notably the Torres Strait Regional Authority, alongside Indigenous Business Australia and the Indigenous Land and Sea Corporation) that deliver services, funding and protections for Aboriginal and Torres Strait Islander peoples. It gives Torres Strait Islander and Aboriginal communities an elected voice, funding powers for housing, land and development, and legal protection for land, water and cultural rights.
It affects Indigenous people in the Torres Strait, the TSRA itself, governments required to operate within the framework, and anyone holding or acquiring indigenous-held land.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Aboriginal and Torres Strait Islander Act 2005.
This Act may be cited as the Aboriginal and Torres Strait Islander Act 2005.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that first period.
The objects of this Act are, in recognition of the past dispossession and dispersal of the Aboriginal and Torres Strait Islander peoples and their present disadvantaged position in Australian society: (a) to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them; (b) to promote the development of self‑management and self‑sufficiency among Aboriginal persons and Torres Strait Islanders; (c) to further the economic, social and cultural development of Aboriginal persons and Torres Strait Islanders; and (d) to ensure co‑ordination in the formulation and implementation of policies affecting Aboriginal persons and Torres Strait Islanders by the Commonwealth, State, Territory and local governments, without detracting from the responsibilities of State, Territory and local governments to provide services to their Aboriginal and Torres Strait Islander residents.
(1) In this Act, unless the contrary intention appears:
Aboriginal or Torres Strait Islander corporation means:
(a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
(b) a body corporate where either of the following conditions is satisfied:
(i) all the members of the body corporate are Aboriginal persons or Torres Strait Islanders, or both;
(ii) a controlling interest in the body corporate is held by Aboriginal persons or Torres Strait Islanders, or both.
Aboriginal person means a person of the Aboriginal race of Australia.
acquisition functions has the meaning given by subsection 191D(1).
Ailan Kastom means the body of customs, traditions, observances and beliefs of some or all of the Torres Strait Islanders living in the Torres Strait area, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.
ATSIC abolition day means the day Schedules 1 and 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commence.
Commonwealth body includes a Department of State, or authority, of the Commonwealth.
Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.
designated number:
(b) in relation to a TSRA ward—has the meaning given by section 142TA.
election period, in relation to a TSRA election, means the period:
(a) starting on the day when the Minister fixes a day or days for the polling in accordance with subsection 142Y(2); and
(b) ending on the last day on which a poll is declared in relation to that TSRA election.
eligible number, in relation to the TSRA, means:
(a) 20; or
(b) if a notice under subsection 142R(1A) is in force—the number fixed by the notice.
estimated population, in relation to the Torres Strait area, means the number of persons living in that area set out in the most recent TSRA notice that includes such a number.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
holder, in relation to indigenous‑held land, means a person or body who holds an interest in the land, where the interest is relevant to determining the status of the land as indigenous‑held land.
housing loan means a loan for one or more of the following purposes:
(a) the erection or purchase of dwellings or the purchase of land on which dwellings are to be erected or situated;
(b) the extension or modification of, or the making of additions to, dwellings;
(c) any purpose incidental to a purpose referred to in paragraph (a) or (b);
(d) the purchase of household effects;
(e) the repayment of existing debts incurred for any of the purposes referred to in paragraphs (a), (b), (c) and (d).
Indigenous Business Australia means the body having that name that is referred to in section 145.
Indigenous Business Australia Board means the Board of Directors of Indigenous Business Australia referred to in section 155.
Indigenous Business Australia Chairperson means the Chairperson of the Indigenous Business Australia Board referred to in section 155.
Indigenous Business Australia Chief Executive Officer means the Chief Executive Officer of Indigenous Business Australia referred to in section 168.
Indigenous Business Australia Director means a member of the Indigenous Business Australia Board.
indigenous‑held land has the meaning given by section 4B.
Indigenous Land and Sea Corporation means the corporation referred to in section 191A.
Indigenous Land and Sea Corporation Board means the Board of Directors referred to in section 191V.
Indigenous Land and Sea Corporation Chairperson means the Chairperson referred to in section 191V.
Indigenous Land and Sea Corporation Chief Executive Officer means the Chief Executive Officer referred to in section 192K.
Indigenous Land and Sea Corporation Director means a member of the Indigenous Land and Sea Corporation Board.
indigenous waters means water, or waters, in relation to which water‑related rights are held by:
(a) an Aboriginal or Torres Strait Islander corporation; or
(b) an Aboriginal person or a Torres Strait Islander;
(whether or not water‑related rights in relation to the water or waters are held by any other person).
interest, in relation to land, includes:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in connection with, the land.
internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
management functions has the meaning given by subsection 191E(1).
misbehaviour has a meaning affected by section 4A.
national indigenous land and sea strategy means the strategy prepared under section 191N.
New Housing Fund means the New Housing Fund established under section 181A.
Regional Councils abolition day means the day on which Schedule 3 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commences.
regional indigenous land and sea strategy means a strategy prepared under section 191P.
State body includes a Department of State, or authority, of a State.
Territory body includes a Department of State, or authority, of a Territory.
Torres Strait area means the area declared by the Minister, by instrument in writing made for the purposes of this definition, to be the Torres Strait area.
Torres Strait area number, in relation to the Torres Strait area, means the number of potential voters set out in the most recent TSRA notice that includes such a number.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.
TSRA means the Torres Strait Regional Authority established by section 142.
TSRA Administrator means a TSRA Administrator appointed under:
(a) section 142R; or
(b) section 144ZQ;
to administer the affairs of the TSRA.
TSRA Chief Executive Officer means the Chief Executive Officer of the TSRA referred to in section 144G.
TSRA election means an election for a member or members of the TSRA conducted under Division 5 of Part 3A.
TSRA election rules means rules made by the Minister under section 143G.
TSRA Finance Direction means a direction given to the TSRA by the Minister under section 144ZD.
TSRA Housing Fund means the TSRA Housing Fund established by section 144V.
TSRA Land and Natural Resources Fund means the TSRA Land and Natural Resources Fund established by section 144W.
TSRA notice, in relation to a TSRA election, means a notice under subsection 143(2).
TSRA ward means a ward referred to in section 142TA.
TSRA ward election means an election for one or more members for a TSRA ward.
ward:
(b) in relation to the TSRA—means a ward referred to in section 142TA.
water‑related right has the meaning given by section 4C.
(2) The question whether a company is a subsidiary of the Indigenous Land and Sea Corporation or of Indigenous Business Australia shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001. (3) A declaration by the Minister for the purposes of the definition of Torres Strait area is not a legislative instrument.
(1) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken to be misbehaviour for the purposes of this Act. (2) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken not to be misbehaviour for the purposes of this Act.
Indigenous‑held land (1) For the purposes of this Act, land is indigenous‑held land if, and only if: (a) an interest in the land is held by an Aboriginal or Torres Strait Islander corporation; or (b) an interest in the land is held by an Aboriginal person or a Torres Strait Islander. Exception—minority interest in tenancy in common (2) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in a tenancy in common; and (b) the proportion of the shares in the tenancy in common held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—minority interest in partnership property (3) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in partnership property; and (b) the proportion of the shares in the partnership property held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—interest of a mortgagee (4) For the purposes of subsection (1), an interest in land is to be ignored if the interest is held in the capacity of mortgagee (whether legal or equitable).
(1) A water‑related right means any legal or equitable right or interest in, or in relation to, water or waters (including the internal waters of Australia) within the outer limits of the exclusive economic zone of Australia. (2) A right to do any of the following is an example of a water‑related right: (a) take or receive water; (b) retain or use water taken; (c) take resources from waters; (d) undertake an activity in or on waters. (3) A reference in this section to water includes surface water and ground water.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 199(10).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Aboriginal and Torres Strait Islander Act 2005.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that first period.
The objects of this Act are, in recognition of the past dispossession and dispersal of the Aboriginal and Torres Strait Islander peoples and their present disadvantaged position in Australian society: (a) to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them; (b) to promote the development of self‑management and self‑sufficiency among Aboriginal persons and Torres Strait Islanders; (c) to further the economic, social and cultural development of Aboriginal persons and Torres Strait Islanders; and (d) to ensure co‑ordination in the formulation and implementation of policies affecting Aboriginal persons and Torres Strait Islanders by the Commonwealth, State, Territory and local governments, without detracting from the responsibilities of State, Territory and local governments to provide services to their Aboriginal and Torres Strait Islander residents.
(1) In this Act, unless the contrary intention appears:
Aboriginal or Torres Strait Islander corporation means:
(a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
(b) a body corporate where either of the following conditions is satisfied:
(i) all the members of the body corporate are Aboriginal persons or Torres Strait Islanders, or both;
(ii) a controlling interest in the body corporate is held by Aboriginal persons or Torres Strait Islanders, or both.
Aboriginal person means a person of the Aboriginal race of Australia.
acquisition functions has the meaning given by subsection 191D(1).
Ailan Kastom means the body of customs, traditions, observances and beliefs of some or all of the Torres Strait Islanders living in the Torres Strait area, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.
ATSIC abolition day means the day Schedules 1 and 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commence.
Commonwealth body includes a Department of State, or authority, of the Commonwealth.
Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.
designated number:
(b) in relation to a TSRA ward—has the meaning given by section 142TA.
election period, in relation to a TSRA election, means the period:
(a) starting on the day when the Minister fixes a day or days for the polling in accordance with subsection 142Y(2); and
(b) ending on the last day on which a poll is declared in relation to that TSRA election.
eligible number, in relation to the TSRA, means:
(a) 20; or
(b) if a notice under subsection 142R(1A) is in force—the number fixed by the notice.
estimated population, in relation to the Torres Strait area, means the number of persons living in that area set out in the most recent TSRA notice that includes such a number.
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
holder, in relation to indigenous‑held land, means a person or body who holds an interest in the land, where the interest is relevant to determining the status of the land as indigenous‑held land.
housing loan means a loan for one or more of the following purposes:
(a) the erection or purchase of dwellings or the purchase of land on which dwellings are to be erected or situated;
(b) the extension or modification of, or the making of additions to, dwellings;
(c) any purpose incidental to a purpose referred to in paragraph (a) or (b);
(d) the purchase of household effects;
(e) the repayment of existing debts incurred for any of the purposes referred to in paragraphs (a), (b), (c) and (d).
Indigenous Business Australia means the body having that name that is referred to in section 145.
Indigenous Business Australia Board means the Board of Directors of Indigenous Business Australia referred to in section 155.
Indigenous Business Australia Chairperson means the Chairperson of the Indigenous Business Australia Board referred to in section 155.
Indigenous Business Australia Chief Executive Officer means the Chief Executive Officer of Indigenous Business Australia referred to in section 168.
Indigenous Business Australia Director means a member of the Indigenous Business Australia Board.
indigenous‑held land has the meaning given by section 4B.
Indigenous Land and Sea Corporation means the corporation referred to in section 191A.
Indigenous Land and Sea Corporation Board means the Board of Directors referred to in section 191V.
Indigenous Land and Sea Corporation Chairperson means the Chairperson referred to in section 191V.
Indigenous Land and Sea Corporation Chief Executive Officer means the Chief Executive Officer referred to in section 192K.
Indigenous Land and Sea Corporation Director means a member of the Indigenous Land and Sea Corporation Board.
indigenous waters means water, or waters, in relation to which water‑related rights are held by:
(a) an Aboriginal or Torres Strait Islander corporation; or
(b) an Aboriginal person or a Torres Strait Islander;
(whether or not water‑related rights in relation to the water or waters are held by any other person).
interest, in relation to land, includes:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in connection with, the land.
internal waters of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.
management functions has the meaning given by subsection 191E(1).
misbehaviour has a meaning affected by section 4A.
national indigenous land and sea strategy means the strategy prepared under section 191N.
New Housing Fund means the New Housing Fund established under section 181A.
Regional Councils abolition day means the day on which Schedule 3 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commences.
regional indigenous land and sea strategy means a strategy prepared under section 191P.
State body includes a Department of State, or authority, of a State.
Territory body includes a Department of State, or authority, of a Territory.
Torres Strait area means the area declared by the Minister, by instrument in writing made for the purposes of this definition, to be the Torres Strait area.
Torres Strait area number, in relation to the Torres Strait area, means the number of potential voters set out in the most recent TSRA notice that includes such a number.
Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.
TSRA means the Torres Strait Regional Authority established by section 142.
TSRA Administrator means a TSRA Administrator appointed under:
(a) section 142R; or
(b) section 144ZQ;
to administer the affairs of the TSRA.
TSRA Chief Executive Officer means the Chief Executive Officer of the TSRA referred to in section 144G.
TSRA election means an election for a member or members of the TSRA conducted under Division 5 of Part 3A.
TSRA election rules means rules made by the Minister under section 143G.
TSRA Finance Direction means a direction given to the TSRA by the Minister under section 144ZD.
TSRA Housing Fund means the TSRA Housing Fund established by section 144V.
TSRA Land and Natural Resources Fund means the TSRA Land and Natural Resources Fund established by section 144W.
TSRA notice, in relation to a TSRA election, means a notice under subsection 143(2).
TSRA ward means a ward referred to in section 142TA.
TSRA ward election means an election for one or more members for a TSRA ward.
ward:
(b) in relation to the TSRA—means a ward referred to in section 142TA.
water‑related right has the meaning given by section 4C.
(2) The question whether a company is a subsidiary of the Indigenous Land and Sea Corporation or of Indigenous Business Australia shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Act 2001. (3) A declaration by the Minister for the purposes of the definition of Torres Strait area is not a legislative instrument.
(1) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken to be misbehaviour for the purposes of this Act. (2) The Minister may, by legislative instrument, make a determination providing that specified behaviour is taken not to be misbehaviour for the purposes of this Act.
Indigenous‑held land (1) For the purposes of this Act, land is indigenous‑held land if, and only if: (a) an interest in the land is held by an Aboriginal or Torres Strait Islander corporation; or (b) an interest in the land is held by an Aboriginal person or a Torres Strait Islander. Exception—minority interest in tenancy in common (2) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in a tenancy in common; and (b) the proportion of the shares in the tenancy in common held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—minority interest in partnership property (3) For the purposes of subsection (1), an interest in land is to be ignored if: (a) the interest consists of a share in partnership property; and (b) the proportion of the shares in the partnership property held by: (i) Aboriginal persons; and (ii) Torres Strait Islanders; and (iii) Aboriginal or Torres Strait Islander corporations; is less than 50%. Exception—interest of a mortgagee (4) For the purposes of subsection (1), an interest in land is to be ignored if the interest is held in the capacity of mortgagee (whether legal or equitable).
(1) A water‑related right means any legal or equitable right or interest in, or in relation to, water or waters (including the internal waters of Australia) within the outer limits of the exclusive economic zone of Australia. (2) A right to do any of the following is an example of a water‑related right: (a) take or receive water; (b) retain or use water taken; (c) take resources from waters; (d) undertake an activity in or on waters. (3) A reference in this section to water includes surface water and ground water.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of the Australian Capital Territory or of the Northern Territory liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Part 2.5 of the Criminal Code (which deals with corporate criminal responsibility) is excluded from applying to offences against this Act by subsection 199(10).
This Act may be cited as the Aboriginal and Torres Strait Islander Act 2005.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that first period.
The objects of this Act are, in recognition of the past dispossession and dispersal of the Aboriginal and Torres Strait Islander peoples and their present disadvantaged position in Australian society: (a) to ensure maximum participation of Aboriginal persons and Torres Strait Islanders in the formulation and implementation of government policies that affect them; (b) to promote the development of self‑management and self‑sufficiency among Aboriginal persons and Torres Strait Islanders; (c) to further the economic, social and cultural development of Aboriginal persons and Torres Strait Islanders; and (d) to ensure co‑ordination in the formulation and implementation of policies affecting Aboriginal persons and Torres Strait Islanders by the Commonwealth, State, Territory and local governments, without detracting from the responsibilities of State, Territory and local governments to provide services to their Aboriginal and Torres Strait Islander residents.
(1) In this Act, unless the contrary intention appears:
Aboriginal or Torres Strait Islander corporation means:
(a) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or
(b) a body corporate where either of the following conditions is satisfied:
(i) all the members of the body corporate are Aboriginal persons or Torres Strait Islanders, or both;
(ii) a controlling interest in the body corporate is held by Aboriginal persons or Torres Strait Islanders, or both.
Aboriginal person means a person of the Aboriginal race of Australia.
acquisition functions has the meaning given by subsection 191D(1).
Ailan Kastom means the body of customs, traditions, observances and beliefs of some or all of the Torres Strait Islanders living in the Torres Strait area, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.
ATSIC abolition day means the day Schedules 1 and 2 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 commence.
Commonwealth body includes a Department of State, or authority, of the Commonwealth.
Commonwealth Electoral Roll means the Rolls kept under the Commonwealth Electoral Act 1918.
designated number:
(b) in relation to a TSRA ward—has the meaning given by section 142TA.
election period, in relation to a TSRA election, means the period:
(a) starting on the day when the Minister fixes a day or days for the polling in accordance with subsection 142Y(2); and
(b) ending on the last day on which a poll is declared in relation to that TSRA election.
eligible number, in relation to the TSRA, means:
(a) 20; or
(b) if a notice under subsection 142R(1A) is in force—the number fixed by the notice.
estimated population, in relation to the Torres Strait area, means the number of persons living in that area set out in the most recent TSRA notice that includes such a number.
Finance Minister means the Minister who administers the Public Governance, Performance and Accoun
This is an opening excerpt, not the complete document.