Aboriginal and Torres Strait Islander Elected Body Act 2008

4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘ATSIEB election, for part 3 (ATSIEB elections)—see section 28.’ means that the term ‘ATSIEB election’ is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Section 7 page 4 Aboriginal and Torres Strait Islander Elected Body Part 2 Aboriginal and Torres Strait Islander Elected Body Division 2.1 Establishment and functions of ATSIEB 7 Aboriginal and Torres Strait Islander Elected Body The Aboriginal and Torres Strait Islander Elected Body (ATSIEB) is established. 8 Functions of ATSIEB ATSIEB has the following functions: (a) to receive, and pass on to the Minister and any other Minister responsible for the matter that is the subject of concern, the views of Aboriginal and Torres Strait Islander people living in the ACT on issues of concern to them; (b) when asked by the Minister, to give the Minister information or advice about the views of Aboriginal and Torres Strait Islander people living in the ACT on matters stated by the Minister; (c) to represent, including nationally, Aboriginal and Torres Strait Islander people living in the ACT and to act as an advocate on systemic or whole-of-government issues affecting their interests; (d) to foster community discussion about— (i) issues of concern to Aboriginal and Torres Strait Islander people living in the ACT; and (ii) the functions of ATSIEB; and (iii) this Act;

Section 8 (e) to conduct regular consultation with Aboriginal and Torres Strait Islander people living in the ACT and report the outcomes of that consultation to the Minister and any other Minister responsible for the matter that is the subject of the consultation; (f) to make recommendations to government agencies about research proposals that further the objects of this Act; (g) to monitor and report on the effectiveness and accessibility of programs and services conducted by government agencies for Aboriginal and Torres Strait Islander people living in the ACT; (h) to monitor and report on the accessibility by Aboriginal and Torres Strait Islander people living in the ACT to programs and services conducted by government agencies for the general public; (i) to provide advice to government agencies on appropriate representation of Aboriginal and Torres Strait Islander people living in the ACT on consultative bodies established by government agencies; (j) when asked by a government agency or another person, to recommend any reasonable action it considers necessary to protect Aboriginal and Torres Strait Islander cultural material or information considered sacred or significant by Aboriginal and Torres Strait Islander people living in the ACT; (k) any other function given to ATSIEB by the Minister; (l) any other function given to ATSIEB under this Act or another territory law. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Section 9 page 6 Aboriginal and Torres Strait Islander Elected Body

9 Consultation on cultural heritage (1) Before recommending action under section 8 (j) in relation to cultural material or information, ATSIEB— (a) if the cultural material or information is specific to an Aboriginal object or an Aboriginal place that is in, or apparently originated in, the ACT—must consult at least 1 of the following: (i) the United Ngunnawal Elders Council; (ii) a representative Aboriginal organisation; (iii) another person that ATSIEB is satisfied has a traditional connection to the ACT region; or (b) in any other case—may consult any person ATSIEB considers appropriate. Aboriginal object—see the Heritage Act 2004, section 9. Aboriginal place—see the Heritage Act 2004, section 9.

10 Discussions etc with non-government entities on systemic issues (1) ATSIEB may, in exercising its functions under section 8 (c), communicate, including nationally, with a non-government entity providing a service or administering a program used by Aboriginal and Torres Strait Islander people living in the ACT. (2) If the non-government entity is funded by a government agency, ATSIEB may also discuss matters relating to the service, program or funding with the executive officer of the agency. Note Under s 26, ATSIEB may invite an executive officer to its meetings to discuss any issues relating to functions of ATSIEB or the agency.

Section 10A (3) However, this section does not make the non-government entity accountable to ATSIEB for its operations. non-government entity means an entity that is not a government agency.

10A Public hearings about government service provision (1) In exercising its functions under section 8 (g) and (h), ATSIEB must hold at least 2 public hearings during each ATSIEB term. (2) The purpose of a public hearing under subsection (1) is to obtain information about— (a) the effectiveness and accessibility of programs and services conducted by government agencies for Aboriginal and Torres Strait Islander people living in the ACT; and (b) the accessibility by Aboriginal and Torres Strait Islander people living in the ACT to programs and services conducted by government agencies for the general public. (3) The executive officer of a government agency must— (a) attend a public hearing if requested by ATSIEB; and (b) provide information and answer questions from ATSIEB in relation to the matters in subsection (2). (4) ATSIEB may conduct proceedings at a public hearing as it considers appropriate. (5) However, at least 4 ATSIEB members must be present at a public hearing.

Section 10AA page 8 Aboriginal and Torres Strait Islander Elected Body 10AA Broadcasting of public hearings (1) The Territory may enter into an agreement with a suitably qualified and experienced person (the broadcaster), for the person to provide a broadcasting service in relation to a public hearing of ATSIEB. (2) The broadcaster may broadcast, or record for broadcast, all or part of a public hearing of ATSIEB in accordance with the terms of the agreement. (3) The broadcaster is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under subsection (2); or (b) in the reasonable belief that the conduct was in the exercise of a function under subsection (2). (4) Any liability that would, apart from this section, attach to the broadcaster attaches instead to the Territory. (5) An agreement must be entered into for the Territory by the director-general. (6) In this section: broadcast—see the Legislative Assembly (Broadcasting) Act 2001, dictionary. conduct means an act or omission to do an act. record, a public hearing of ATSIEB, means make a sound or visual recording of the hearing.

10B Reports from ATSIEB (1) ATSIEB must report to the Minister on a public hearing held under section 10A within 4 months after the day the public hearing ends. (2) The report— (a) must be in writing; and

Section 11 (b) may make recommendations about changes to programs and services for Aboriginal and Torres Strait Islander people living in the ACT. (3) The Minister must— (a) present the report to the Legislative Assembly within 6 sitting days after the day the Minister receives the report; and (b) present a response to the report not later than the first sitting week after the end of 4 months after the day the Minister receives the report. 11 Requirement to consult (1) In exercising its functions ATSIEB must consult Aboriginal and Torres Strait Islander people living in the ACT. (2) Every Aboriginal and Torres Strait Islander person living in the ACT is eligible to participate in community consultation conducted by ATSIEB. 12 ATSIEB to develop consultation plan (1) ATSIEB must, within 6 months of the commencement of each ATSIEB term, develop a plan for how it will consult Aboriginal and Torres Strait Islander people living in the ACT (a community consultation plan). (2) The community consultation plan must— (a) cover the ATSIEB term; and (b) include a description of the grounds relevant to a determination by ATSIEB that a person has a traditional connection to the ACT region for section 9 (1) (a) (iii); and

Section 13 page 10 Aboriginal and Torres Strait Islander Elected Body (c) maximise the participation of Aboriginal and Torres Strait Islander people living in the ACT by providing reasonable opportunities to participate in each consultation. Examples—reasonable opportunities to maximise participation • providing more than 1 form of consultative mechanism such as forums, face-to-face meetings, online surveys, inviting written submissions • giving advance notice of consultation events • holding face-to face events at accessible locations (3) ATSIEB must take reasonable steps to tell Aboriginal and Torres Strait Islander people living in the ACT about the community consultation plan. Examples—reasonable steps • notice posted on an ATSIEB website • notice sent on an email network • advertisements in local and Indigenous newspapers

13 Conduct of consultation In carrying out community consultation, ATSIEB must give effect to the following principles: (a) consultation should focus on the particular area of interest to be discussed; (b) consultation should be open and transparent; (c) consultation should lead to sustainable decisions by involving effective community engagement; (d) without limiting paragraph (c), ATSIEB should ensure that— (i) relevant information is provided in a timely and accessible way to enable maximum community participation in debate about the area of interest; and (ii) opportunities are provided for feedback about the area of interest.

Section 13A

13A Reporting on consultation (1) ATSIEB must prepare a written report about its community consultation activities and publish the report on an ATSIEB website. (2) The report must state— (a) the topic of the consultation; and (b) ATSIEB’s view about the topic; and (c) any issues raised by the community during consultation; and (d) any recommendations of ATSIEB in relation to the topic. (3) ATSIEB must give a copy of the report to the Minister, and any other Minister responsible for the matter that is the topic of the consultation, within 2 months after the day the consultation ends. (4) At least 1 of the Ministers mentioned in subsection (3) must give ATSIEB a response to the report not later than 2 months after the day the report is received under subsection (3). (5) ATSIEB must publish the response on the ATSIEB website.

14 ATSIEB members (1) ATSIEB consists of 7 elected members. Note Members of ATSIEB are elected under pt 3. (2) Each member holds office— (a) for the period— (i) beginning at the end of the day when the member’s election is declared under the Electoral Act, section 189 (Declaration of result of election), as applied by section 31 (Application of Electoral Act); and

Section 15 page 12 Aboriginal and Torres Strait Islander Elected Body (ii) ending at the end of the day when the result of the next ATSIEB election is declared under the Electoral Act, section 189, as applied by section 31; and (b) on a part-time basis. Note 1 See sch 1, mod 1.70 for the declaration of the result of ATSIEB elections. Note 2 See sch 1, mod 1.77, s 196 for the term of a member elected to fill a casual

15 ATSIEB chair (1) ATSIEB must, by majority vote, elect a member to be chair of ATSIEB (the ATSIEB chair). (2) The ATSIEB chair must be elected— (a) at the first meeting of ATSIEB; and (b) whenever the position of ATSIEB chair becomes vacant. (3) The ATSIEB chair is elected for 3 years, but may be re-elected. (4) The position of ATSIEB chair becomes vacant if a resolution of no-confidence in the ATSIEB chair is passed in accordance with section 16A. (5) The ATSIEB chair may resign as chair by written notice given to ATSIEB. (6) ATSIEB must tell the Minister, in writing, if the ATSIEB chair becomes vacant under subsection (4) or (5).

16 ATSIEB deputy chair (1) ATSIEB must, by majority vote, elect a member (other than the ATSIEB chair) to be deputy chair of ATSIEB (the ATSIEB deputy chair).

Section 16A (2) The ATSIEB deputy chair must be elected— (a) at the first meeting of ATSIEB; and (b) whenever the position of deputy chair becomes vacant. (3) The ATSIEB deputy chair may exercise a function of the ATSIEB chair at any time when the chair cannot for any reason exercise the function. (4) The ATSIEB deputy chair is elected for 3 years, but may be re-elected. (5) The position of ATSIEB deputy chair becomes vacant if a resolution of no-confidence in the ATSIEB deputy chair is passed in accordance with section 16A. (6) The ATSIEB deputy chair may resign as deputy chair by written notice given to the ATSIEB chair or, if there is no chair, ATSIEB. (7) The ATSIEB chair or, if there is no chair, ATSIEB, must tell the Minister, in writing, if the ATSIEB deputy chair becomes vacant under subsection (5) or (6).

16A Resolution of no-confidence in ATSIEB chair or ATSIEB deputy chair (1) A resolution of no-confidence in the ATSIEB chair or the ATSIEB deputy chair has no effect unless it is passed by ATSIEB in accordance with this section. (2) A resolution of no-confidence must affirm a motion that is expressed to be— (a) in relation to a resolution of no-confidence in the ATSIEB chair—a motion of no-confidence in the ATSIEB chair; or (b) in relation to a resolution of no-confidence in the ATSIEB deputy chair—a motion of no-confidence in the ATSIEB deputy chair.

Section 17 page 14 Aboriginal and Torres Strait Islander Elected Body (3) All members must be given notice of the motion at least 1 week before it is moved at a meeting of ATSIEB. (4) The motion must be passed by at least 4 ATSIEB members.

17 Resignation of ATSIEB member (1) A member of ATSIEB may resign as a member by written notice given to the ATSIEB chair or, if there is no chair, ATSIEB. Note See sch 1, pt 1.5 for the filling of a casual vacancy on ATSIEB. (2) A member must resign if the member no longer lives in the ACT.

18 Member taken to have resigned in certain circumstances (1) This section applies if ATSIEB is satisfied that an ATSIEB member— (a) no longer lives in the ACT; and (b) has not lived in the ACT during the immediately preceding period of 6 months. (2) ATSIEB may, in writing, declare that it is satisfied as stated in subsection (1). (3) If ATSIEB makes a declaration under subsection (2), the member is taken to have resigned on the date of the declaration. (4) This section does not apply to an ATSIEB member who is absent from the ACT on leave approved under section 20.

19 Removal of ATSIEB member The Minister may remove a member from ATSIEB for any of the following reasons: (a) if the member contravenes a territory law in relation to the exercise of the member’s functions; (b) if the member contravenes the prescribed code of conduct;

Section 20 (c) if the member becomes bankrupt or personally insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; (e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; (f) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; (g) if the member contravenes section 27 (Disclosure of interests by ATSIEB members); (h) if the member is absent from 3 consecutive meetings of ATSIEB, otherwise than on approved leave; (i) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

20 Leave of ATSIEB members (1) ATSIEB may, conditionally or unconditionally, allow the ATSIEB chair to take leave. (2) The ATSIEB chair may, conditionally or unconditionally, allow an ATSIEB member (other than the ATSIEB chair) to take leave for not longer than 1 year. Note The ATSIEB deputy chair is a member and so can be given leave under s (2) (see s 16 (1)).

Section 21 page 16 Aboriginal and Torres Strait Islander Elected Body

21 Time and place of ATSIEB meetings (1) Meetings of ATSIEB are to be held when and where ATSIEB decides. (2) However, ATSIEB must meet at least 6 times in a financial year. (3) The ATSIEB chair— (a) may, at any time, call a meeting of ATSIEB; and (b) must call a meeting if asked in writing by— (i) the Minister; or (ii) at least 4 members. (4) A meeting called under subsection (3) (b) must be called not later than 14 days after the day the ATSIEB chair receives the request for the meeting. (5) The ATSIEB chair must give the other members reasonable notice of the time and place of a meeting called by the ATSIEB chair.

22 Presiding member at ATSIEB meetings (1) The ATSIEB chair presides at all meetings at which the ATSIEB chair is present. (2) If the ATSIEB chair is absent, the ATSIEB deputy chair presides. (3) If the ATSIEB chair and deputy chair are absent, the member chosen by the members present presides. 23 Quorum at ATSIEB meetings Business may be carried on at a meeting of ATSIEB only if at least 4 members are present.

ATSIEB meetings Division 2.3 Section 24 24 Voting at ATSIEB meetings At a meeting of ATSIEB, a question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.

25 Conduct of ATSIEB meetings (1) ATSIEB may conduct its proceedings (including its meetings) as it considers appropriate. (2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence. a phone link, a satellite link, an internet or intranet link (3) A member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting. (4) A resolution is a valid resolution of ATSIEB, even if it is not passed at a meeting of ATSIEB, if all members agree to the proposed resolution in writing or by electronic communication. Example—electronic communication telephone or email (5) ATSIEB must keep minutes of its meetings.

26 Executive officer at ATSIEB meeting (1) ATSIEB may invite an executive officer of a government agency to attend a meeting of ATSIEB to discuss any issues relating to the functions of ATSIEB or the government agency.

Section 27 page 18 Aboriginal and Torres Strait Islander Elected Body (2) If ATSIEB invites the executive officer of a government agency to attend a meeting to answer questions or provide information about the functions of the government agency, the executive officer must take reasonable steps to attend the meeting, and answer the questions and provide the information, as requested.

27 Disclosure of interests by ATSIEB members (1) If an ATSIEB member has a material interest in an issue being considered, or about to be considered, by ATSIEB, the member must disclose the nature of the interest at a meeting of ATSIEB as soon as practicable after the relevant facts come to the member’s knowledge. Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest. (2) The disclosure must be recorded in ATSIEB’s minutes and, unless ATSIEB otherwise decides, the member must not— (a) be present when ATSIEB considers the issue; or (b) take part in a decision of ATSIEB on the issue. (3) Any other member who also has a material interest in the issue must not be present when ATSIEB is considering its decision under subsection (2). associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

ATSIEB meetings Division 2.3 Section 27 indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person; (b) a corporation, if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation, if the person, or an associate of the person, is an executive officer of the corporation; (e) the trustee of a trust, if the person, or an associate of the person, is a beneficiary of the trust; (f) a member of a firm or partnership, if the person, or an associate of the person, is a member of the firm or partnership; (g) someone else carrying on a business, if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—an ATSIEB member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to ATSIEB’s consideration of the issue.

Section 28 page 20 Aboriginal and Torres Strait Islander Elected Body

28 Definitions—pt 3 In this part: ATSIEB election— (a) means an election under this part for members of ATSIEB; and (b) includes a recount under the Electoral Act, part 13 (Casual vacancies), as applied by section 31. Note Sch 1, pt 1.5 modifies the Electoral Act, pt 13 in its application to this Act. election start day, for an ATSIEB election, means the first day when a person may be nominated as a candidate for the election. elector, for an ATSIEB election, means a person entitled to vote in the election under the Electoral Act, section 128 (1) (Entitlement to vote), as applied by section 31. Note Sch 1, pt 1.3, modification 1.34 modifies the Electoral Act, s 128 (1) in its application to this Act. polling close day, for an ATSIEB election, means the last day when an elector may vote in the election. polling period, for an ATSIEB election, means the period beginning on the polling start day and ending on the polling close day. polling start day, for an ATSIEB election, means the first day when an elector may vote in the election.

29 Timetable for ATSIEB elections (1) An ATSIEB election must be held in accordance with the timetable set out in table 29.

Section 29A (2) If an event mentioned in this section falls on a day (other than a Saturday) that is a public holiday, the event happens instead on the next business day after the public holiday. Table 29 ATSIEB election timetable item election event date 1 election start day the Monday, 47 days before the polling start day 2 nominations close 12 noon on the Monday, 33 days before the polling start day 3 nominations for candidates declared as soon as practicable after 12 noon on the day after nominations close 4 order of ballot paper decided as soon as practicable after the nominations for candidates are declared 5 electoral rolls close 5 pm on the Monday, 12 days before the polling start day 6 polling start day either–– (a) the Saturday immediately before the first Sunday in July, 3 years after the last ATSIEB election was held; or (b) if a day is determined under s 29A––that day 7 polling close day the first Saturday after the polling start day 8 scrutiny starts not earlier than 7 business days after the polling close day 9 election declared as soon as practicable after scrutiny ends

29A Determination of polling day (1) The Minister may determine the polling start day for an ATSIEB election to be held 3 years after the last election was held. (2) The day determined must be a Saturday. (3) A determination is a notifiable instrument.

Section 30 page 22 Aboriginal and Torres Strait Islander Elected Body

30 Telling people about ATSIEB elections etc (1) Before the election start day for an ATSIEB election, the electoral commission must take reasonable steps to tell electors and people entitled to be electors about the following: (a) the ATSIEB election; (b) who is eligible to nominate as a candidate for the election; (c) who is eligible to vote at the election; (d) the days worked out under section 29 for the election; (e) the location of polling places; (f) anything else about the election that the commission considers relevant. (2) The electoral commission may tell electors and people entitled to be electors about the matters mentioned in subsection (1) in any way it considers appropriate. a newspaper, the electoral commission website, a media release

30A Caretaker period (1) In the caretaker period for an ATSIEB election, ATSIEB must not take any action or make a decision that binds or limits the freedom of action of the incoming ATSIEB. caretaker period, for an ATSIEB election, means the period— (a) starting on the election start day; and (b) ending at the end of the day when the result of the election is declared under section 14 (2) (a) (ii). incoming ATSIEB means the ATSIEB that will hold office after the end of the caretaker period.

Section 31

31 Application of Electoral Act A provision of the Electoral Act mentioned in column 2 of an item in table 31 applies in relation to an ATSIEB election with the modifications (if any) in the part in schedule 1 mentioned in column 3 of the item (and any other necessary changes and any changes prescribed by regulation). Table 31 Application of Electoral Act provisions item provision of Electoral Act to be applied part in sch 1 with modifications 1 section 4A (Meaning of available for public inspection) 2 section 32 (Temporary staff and consultants) 3 section 33 (Officers) part 1.1 4 section 34 (Multimember electorates) part 1.1 5 section 71A (Address of person serving sentence of imprisonment) 6 part 9 (Arrangements for elections) part 1.2 7 part 10 (Voting) part 1.3 8 part 12 (The scrutiny) part 1.4 9 part 13 (Casual vacancies) part 1.5 10 part 16 (Disputed elections, eligibility and vacancies) part 1.6 11 part 17 (Electoral offences) part 1.7 12 part 18 (Enforcement proceedings) part 1.8 13 part 19 (Miscellaneous) part 1.9 14 schedule 3 (Preliminary scrutiny of declaration voting papers) part 1.10 15 schedule 4 (Ascertaining result of poll) 16 dictionary part 1.11

Section 32 page 24 Aboriginal and Torres Strait Islander Elected Body

32 Interpretation of applied provisions of Electoral Act In the application of the Electoral Act in relation to an ATSIEB election— (a) a reference to a provision of that Act is taken to be a reference to the provision in its application in relation to the ATSIEB election; and (b) a reference to— (i) a term used in that Act is taken to be a reference to the term in the application of that Act in relation to the ATSIEB election; and (ii) in particular, a term mentioned in column 2 of an item in table 32 is taken to be a reference to the term mentioned in column 3 of the item. Table 32 Interpretation of terms in applied provisions of Electoral Act item term in Electoral Act term in this Act 1 (a) an election; (b) a general election; (c) an ordinary election an ATSIEB election 2 an elector an elector in an ATSIEB election 3 an electorate the ACT 4 a relevant electorate the ACT 5 a candidate a candidate in an ATSIEB election 6 a seat an ATSIEB position 7 a polling day a polling period 8 a reference to something happening on polling day a reference to something happening during a polling period 9 an MLA an ATSIEB member

Section 33 item term in Electoral Act term in this Act 10 the Legislative Assembly ATSIEB 11 the Speaker (a) the ATSIEB chair; or (b) if there is no ATSIEB chair—the ATSIEB deputy chair; or (c) if there is no ATSIEB deputy chair— the Minister 12 the Court of Disputed Elections the Court of Disputed ATSIEB Elections 13 a form approved under the Electoral Act, section 340A a form approved under this Act, section 34

33 Application of Electoral Regulation 1993 The Electoral Regulation 1993, section 5A (Declaration ballot papers) applies to a ballot paper to be used for declaration voting in an ATSIEB election. 34 Approved forms (1) The commissioner may approve forms for this part. (2) If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument.

Section 35 page 26 Aboriginal and Torres Strait Islander Elected Body 35 Protection of ATSIEB members from liability (1) An ATSIEB member is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this Act or another territory law; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act or another territory law. (2) Any liability that would, apart from this section, attach to an ATSIEB member attaches instead to the Territory. (3) In this section: conduct means an act or an omission to do an act.

36 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to— (a) a code of conduct for ATSIEB members; and (b) the roles and responsibilities of the ATSIEB chair and ATSIEB deputy chair; and (c) any other governance matter in relation to ATSIEB. (3) The Executive must consult with ATSIEB before making a regulation under subsection (2). (4) A regulation may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation.

Modifications of s 33, s 34 and s 80 Part 1.1 Modification [1.1]

Schedule 1 Modifications of Electoral Act as applied to ATSIEB elections (see s 31) Part 1.1 Modifications of s 33, s 34 and s 80 [1.1] Officers New section 33 (2A) to (2C) (2A) Before the polling start day for an ATSIEB election, the commissioner must appoint at least 1 Aboriginal and Torres Strait Islander liaison officer for each polling place for the election. (2B) Before appointing an Aboriginal and Torres Strait Islander liaison officer, the commissioner must consult ATSIEB. (2C) A person is eligible to be appointed as an Aboriginal and Torres Strait Islander liaison officer if the person— (b) is not a candidate in the election.

Part 1.1 Modifications of s 33, s 34 and s 80 Modification [1.2] page 28 Aboriginal and Torres Strait Islander Elected Body [1.2] Section 33 (3) after an officer under this section [1.3] Section 34

34 Electorate for ATSIEB elections (1) The ACT is 1 electorate for the purposes of an ATSIEB election. (2) Seven members of ATSIEB must be elected from the ACT. [1.4] New section 80

80 Closed rolls (1) This section applies in relation to an ATSIEB election. (2) For this Act, the roll for an ATSIEB election is closed during the period— (a) starting at 5 pm on the Monday 12 days before the polling start day for the ATSIEB election; and (b) ending at the close of polling at the election. (3) While a roll is closed, subject to subsections (4), (5) and (6) and section 66— (a) a person must not be enrolled; and

Modifications of s 33, s 34 and s 80 Part 1.1 Modification [1.4] (b) a person must not be taken to be enrolled under section 73 (5) or section 75 (2) if the person’s enrolment on the Commonwealth roll is effected during the closure; and (c) a name must not be removed; and (d) an annotation in relation to the roll must not be made or cancelled under section 74; and (e) a change of address must not be recorded. (4) Subsection (3) (c) must not be taken to prevent the removal, while a roll is closed, of the name of a person who the commissioner believes on reasonable grounds made a statement in a claim for enrolment or transfer of enrolment that was false or misleading in a material particular. (5) If the Australian Postal Corporation notifies the commissioner in writing that the delivery of a posted claim for enrolment or transfer of enrolment has been delayed by an industrial dispute and, apart from the dispute, would have been delivered to the commissioner before the close of the roll for an election— (a) subsection (3) (a) and (c) must not be taken to prevent the enrolment of an elector or the removal of an elector’s name from another roll as a consequence of such an enrolment; and (b) if the claimant is enrolled in accordance with the claim—the enrolment must be taken, in relation to any vote cast by the claimant in the election, to have been effected before the roll closed. (6) This section does not prevent the enrolment of an elector, during a period when a roll is closed, if the elector’s claim for enrolment or transfer of enrolment was received before the beginning of that period by— (a) an officer appointed under section 33 (Officers); or (b) a member of the commission’s staff; or

Part 1.1 Modifications of s 33, s 34 and s 80 Modification [1.4] page 30 Aboriginal and Torres Strait Islander Elected Body (c) a person authorised by the commissioner for this section; or (d) an employee of the Australian Electoral Commission. (7) In this section: enrolment includes the enrolment of a person who is taken to have been enrolled under this part. particulars—a reference (express or implied) to particulars relating to a person includes a reference to particulars taken to be recorded on the roll under this part.

Modification [1.5] Part 1.2 Modifications of pt 9 (Arrangements for elections) [1.5] Eligibility—MLAs Section 103 (1) to (4) (1) A person is eligible to be an ATSIEB member if the person— (b) is not under a sentence of imprisonment for 1 year or longer for a conviction for an indictable offence. Note For the meaning of indictable offence, see the Legislation Act, s 190 (Indictable and summary offences). [1.6] Qualifications for nomination Section 104 (b) omit [1.7] Candidates to be nominated Section 105 (2), (2A) and (3) (2) A person (the nominee) may be nominated as a candidate for an ATSIEB election only by 4 electors (the nominators) entitled to vote at the ATSIEB election on the day the nominators sign the nomination form.

Modification [1.8] page 32 Aboriginal and Torres Strait Islander Elected Body (2A) A person is eligible to be a nominee if, at the hour of nomination, the person— (b) is not under a sentence of imprisonment for 1 year or longer for a conviction for an indictable offence. Note For the meaning of indictable offence, see the Legislation Act, s 190 (Indictable and summary offences). (3) A nomination is made by giving the commissioner a completed nomination form before the hour of nomination. Note Nomination forms are available at the office of the commissioner and in electronic form on the commissioner’s website. [1.8] Section 105 (4) (d) (d) contain a declaration, signed by the nominee, to the effect that the nominee, at the hour of nomination— (i) is— (A) an Aboriginal or Torres Strait Islander person; and (B) at least 18 years old; and (C) enrolled, or entitled to be enrolled, for an electorate in the ACT; and (ii) is not under a sentence of imprisonment for 1 year or longer for a conviction for an indictable offence; and

Modification [1.9] (da) contain a declaration by each nominator, signed by the nominator, to the effect that, on the day the nominator signs the nomination form, the nominator— (i) is— (A) an Aboriginal or Torres Strait Islander person; and (B) at least 18 years old; and (C) enrolled, or entitled to be enrolled, for an electorate in the ACT; and (ii) is not under a sentence of imprisonment for 1 year or longer for a conviction for an indictable offence; and [1.9] Section 105 (4) (f) and (g) omit [1.10] Section 105 (9) to (11) omit [1.11] Multiple nominations invalid Section 106 omit [1.12] Withdrawal etc of consent to nomination Section 107 (1) omit not later than 24 hours

Modification [1.13] page 34 Aboriginal and Torres Strait Islander Elected Body [1.13] Section 107 (2) and (3) (2) If the commissioner receives a notice under subsection (1), the commissioner must cancel the nomination. [1.14] Place and hour of nomination Section 108 (3) (3) The hour of nomination for an ATSIEB election is 12 noon on the nomination close day for the election. [1.15] Section 108 (4) and (5) omit [1.16] Declaration of candidates Section 109 (1) after As soon as practicable after 24 hours [1.17] New section 109 (1A) (1A) A declaration is a notifiable instrument. [1.18] Section 109 (2) (b) omit

Modification [1.19] [1.19] Section 109 (4) omit if it is a suppressed address [1.20] Section 110

110 Invalid nominations If the commissioner decides that a nomination is invalid, the commissioner must— (a) declare the nomination invalid; and (b) as soon as practicable after declaring the nomination invalid and before the hour of nomination—take reasonable steps to tell the nominee that the nomination is invalid; and (c) if the nomination can be corrected, tell the nominee— (i) how the nomination can be corrected; and (ii) that the corrected nomination may be given to the commissioner before the hour of nomination. 110AA Retention of nomination papers The commissioner must keep all nominations (including invalid nominations) in a secure place until the election start date for the next ATSIEB election. [1.20A] Candidate information to be published Section 110A (8) omit

Modification [1.21] page 36 Aboriginal and Torres Strait Islander Elected Body [1.21] Section 111

111 If more positions than candidates (1) This section applies if, at the hour of nomination— (a) at least 1 candidate has been nominated; and (b) the number of candidates to be elected is more than the number of candidates nominated. (2) The commissioner must, in writing— (a) declare the nominated candidate or candidates elected; and (b) tell the ATSIEB chair (or, if there is no ATSIEB chair, the Minister) about the election of each person elected; and (c) tell the ATSIEB chair (or, if there is no ATSIEB chair, the Minister) the number of candidates required to be elected who were not elected. (3) A declaration under subsection (2) (a) is a notifiable instrument. (4) The remaining vacancies are taken to be casual vacancies and must be filled in accordance with part 13 (Casual vacancies).

111A If same number of positions as candidates (1) This section applies if, at the hour of nomination, the number of candidates nominated is the same as the number of candidates to be elected. (2) The commissioner must, in writing— (a) declare the nominated candidates elected; and (b) tell the ATSIEB chair (or, if there is no ATSIEB chair, the Minister) about the election of each person elected. (3) A declaration under subsection (2) (a) is a notifiable instrument.

Modification [1.22]

111B If no candidates (1) If no candidate is nominated for an ATSIEB election, the election is taken to have failed and the commissioner must, in writing, tell the ATSIEB chair (if any) and the Minister about the failure of the (2) If the commissioner tells the Minister about the failure of the election, the Minister may, after taking into consideration any recommendations from ATSIEB, appoint the ATSIEB members.

111C If more candidates than positions If more candidates are nominated for an ATSIEB election than are required to be elected, the commissioner must conduct a poll under this part to decide the election. [1.22] Deposit—return or forfeiture Section 113 omit [1.23] Section 114

114 Ballot papers (1) The commissioner must arrange for the preparation of ballot papers to be used at an ATSIEB election. (2) The ballot papers— (a) may be in electronic form; and (b) must include the official mark approved under the Electoral Act, section 340A (Approved forms) for section 114 (3) of that Act; and (c) must include the year of the election; and

Modification [1.24] page 38 Aboriginal and Torres Strait Islander Elected Body (d) must include the following words: • ‘Ballot paper’ • ‘Aboriginal and Torres Strait Islander Elected Body ACT’ • ‘Election of 7 representatives’ • ‘Number seven boxes from 1 to 7 in the order of your choice’ • if there are more than 8 candidates—‘You may then show as many further preferences as you wish by writing numbers from 8 onwards in the other boxes’. (3) An approval under subsection (2) (b) is a notifiable instrument. (4) A regulation may— (a) state the headings or directions to be contained on ballot papers to be used for declaration voting; and (b) provide for— (i) the form of a ballot paper to be altered as stated in the regulation; or (ii) a form set out in the regulation to be used in place of the form of a ballot paper. [1.24] Grouping of candidates’ names Section 115 omit [1.25] Section 116

116 Printing of ballot papers (1) The names of the candidates for an ATSIEB election must be printed on each ballot paper in a single column.

Modification [1.26] (2) If the commissioner believes on reasonable grounds that similarity in the names of 2 or more candidates is likely to cause confusion, the commissioner may arrange their names on the ballot papers with a description or addition that distinguishes the names. [1.26] Names on ballot papers Section 117 omit [1.27] Section 118

118 Draw for positions on ballot papers The commissioner must determine by lot the order in which the names of candidates for an ATSIEB election are to appear on the ballot paper, as soon as practicable after the nominations for the candidates are declared. Note The commissioner determines the positions by lot if the commissioner determines the positions in accordance with an approval in force under the Electoral Act, s 125. [1.28] Polling places and scrutiny centres Section 119 (1) (a) (a) appoint a stated place to be a polling place on stated days at the stated times for an ATSIEB election; and

Modification [1.29] page 40 Aboriginal and Torres Strait Islander Elected Body [1.29] New section 119 (2A) (2A) The stated times mentioned in subsection (1) (a) must indicate— (a) the time when the polling place must open for polling (the polling open time for the place); and (b) the time when the polling place must close for polling (the polling close time for the place). [1.30] New section 120A

120A Certified extracts and certified lists of electors for ATSIEB election (1) As soon as practicable after the roll for an electorate closes, the commissioner must— (a) prepare— (i) a certified extract of electors; and (ii) a certified list of electors; and (b) give a copy of the certified list to the OIC for each polling place. (2) In this Act: certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each elector enrolled who will be at least 18 years of age on polling day. certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains— (a) a certified extract of electors; and (b) each elector’s year of birth and gender.

Modification [1.31] [1.31] Scrutineers—appointment Section 122 (1) (1) A candidate for an ATSIEB election may appoint a scrutineer to represent the candidate during— (a) the taking of votes for the election at polling places; and (b) the scrutiny for the election. [1.32] New section 125A

125A Review panel (1) Before the polling start day for an ATSIEB election, the commissioner must establish a review panel to review any decision made by an Aboriginal and Torres Strait Islander liaison officer in relation to a claim by an elector that the elector— (a) is an Aboriginal or Torres Strait Islander person; or (b) lives in the ACT. (2) A review panel is made up of 3 members appointed by the commissioner, under the Electoral Act, section 33 (1), as review panel officers for this Act. (3) A person is eligible to be appointed as a review panel officer if the person—

Modification [1.33] page 42 Aboriginal and Torres Strait Islander Elected Body (b) is not a candidate in the election. (4) Before appointing review panel officers, the commissioner must consult ATSIEB. [1.33] Supplementary elections Section 126 omit

Modification [1.34] [1.34] Entitlement to vote Section 128 (1) (1) A person is entitled to vote in an ATSIEB election if the person is— (a) an Aboriginal or Torres Strait Islander person; and (b) at least 18 years old on polling start day; and (c) enrolled, or entitled to be enrolled, for an electorate in the ACT. Note The Electoral Act, s 72 (Entitlement) states when a person is entitled to be enrolled for an electorate. [1.35] Section 128 (3) omit [1.36] Section 129

129 Voting not compulsory Voting at an ATSIEB election is not compulsory. [1.37] Section 130

130 Multiple votes prohibited An elector must not vote more than once at the same election.

Modification [1.38] page 44 Aboriginal and Torres Strait Islander Elected Body [1.38] Procedures for voting Section 131 (1) (b) omit [1.39] Section 131 (2) (2) An elector may cast a vote during the polling period for an ATSIEB election at any polling place for the election. [1.40] Section 133

133 Claims to vote (1) This section applies if a person attends before an officer at a polling place during the polling period for an ATSIEB election and claims to vote at the election. (2) The officer (the issuing officer) must give the person a ballot paper if satisfied that— (a) the certified list of electors— (i) states the person’s name; and (ii) states an address for the person or indicates that the person’s address is suppressed; and (iii) has not been marked in a way that indicates that a ballot paper has already been issued to the person; and (b) no challenge has been made under section 133A in relation to the person. (3) Despite subsection (1), an officer must not issue a ballot paper to a person who indicates that they have already voted at the election.

Modification [1.41] (4) Immediately after issuing a ballot paper to a claimant, the officer must record the issue on the certified list of electors. [1.41] New sections 133A and 133B

133A Challenge whether claimant to vote is Aboriginal or Torres Strait Islander person (1) This section applies if a liaison officer suspects on reasonable grounds that a person claiming to vote under section 133 (the claimant) is not an Aboriginal or Torres Strait Islander person. (2) The liaison officer may ask the claimant any question the officer believes on reasonable grounds is necessary to decide whether the claimant is an Aboriginal or Torres Strait Islander person. (3) The liaison officer must consider any answer the claimant gives the officer. (4) If the liaison officer decides, on the balance of probabilities, that the claimant is not an Aboriginal or Torres Strait Islander person, the officer must— (a) challenge the claimant’s right to vote at the election; and (b) tell the claimant about the claimant’s right to cast a declaration vote under section 133B; and (c) tell the issuing officer under section 133 about the challenge; and (d) record the details of the challenge in a register (the liaison officer’s objections register) and sign the record. (5) After being challenged under subsection (4), the claimant may— (a) leave the polling place; or (b) elect to cast a declaration vote under section 133B.

Modification [1.42] page 46 Aboriginal and Torres Strait Islander Elected Body (6) If the claimant elects to cast a declaration vote under section 133B, the liaison officer must give the claimant a written notice about the challenge, including a statement to the effect that— (a) notice of the liaison officer’s decision will be given to the review panel under section 134A (Review of challenge under s 133A); and (b) the claimant’s ballot paper will only be admitted to scrutiny if the review panel decides that the claimant is an Aboriginal or Torres Strait Islander person.

133B Declaration voting—challenged claims to vote (1) This section applies if a claimant elects, under section 133A (5) (b), to cast a declaration vote. (2) The issuing officer under section 133 must— (a) give the claimant declaration voting papers; and (b) indicate on the envelope on which the declaration appears that the claimant is casting a declaration vote because the liaison officer has challenged the claimant’s claim to be an Aboriginal or Torres Strait Islander person. (3) Subject to section 156, the claimant and the issuing officer must follow the procedure stated in section 135 (4) (Declaration voting at polling places) for the casting of a declaration vote under this section. [1.42] New section 134A and 134B in division 10.2, insert

134A Review of challenge under s 133A (a) a liaison officer challenges, under section 133A (4) (a), a claimant’s right to vote; and

Modification [1.42] (b) the claimant elects, under section 133A (5) (b), to cast a declaration vote. (2) The commissioner must give the review panel written notice of the liaison officer’s decision not later than 3 business days after the day the claimant has cast a declaration vote. (3) The review panel must review the liaison officer’s decision and decide, on the balance of probabilities, whether the claimant is an Aboriginal or Torres Strait Islander person. (4) The review panel must complete its review not later than 6 business days after the polling close day. (5) If any member of the review panel decides that the claimant is an Aboriginal or Torres Strait Islander person, the claimant’s ballot paper must be admitted to scrutiny under part 12. (6) The review panel must give the commissioner and the claimant written notice of—

134B Challenged claimant to leave polling place A claimant who is given a ballot paper and ballot paper envelope under section 133B (Declaration voting—challenged claims to vote) must leave a polling place immediately after the claimant places the claimant’s sealed ballot paper envelope and contents in a ballot box at the polling place.

Modification [1.42A] page 48 Aboriginal and Torres Strait Islander Elected Body [1.42A] Declaration voting at polling places Section 135 (1) (a) and (b) (a) the certified list of electors for the electorate does not specify the person’s name; or (b) the certified list of electors for the electorate has been marked so as to indicate that a ballot paper has already been issued to the person but the person claims not to have voted already at the [1.43] New section 135A in division 10.3, insert

135A Evidence of living in ACT (1) This section applies to a person who casts a declaration vote under section 135 (Declaration voting at polling places). (2) The person must give evidence that the person lives in the ACT— (a) to the officer at the polling place who issues the person with declaration voting papers (the issuing officer); or (b) to the commissioner not later than 3 business days after the polling close day for the election. Examples—evidence that person lives in the ACT one of the following documents, if it states the person’s name and an ACT address for the person: • a driver licence • vehicle registration • a contract of purchase or current lease for place of residence • a utility account statement (electricity, gas, telephone or water) paid within 3 months before the relevant ATSIEB election

Modification [1.44] (3) If the person gives the issuing officer evidence that the person lives in the ACT, the issuing officer must— (a) record the details of the evidence; and (b) include a written statement of the record with the person’s declaration voting papers. (4) If the person gives the commissioner evidence that the person lives in the ACT within the time required under subsection (2) (b), the person is, for schedule 3, taken to be enrolled to vote. (5) If the person does not provide evidence that the person lives in the ACT within the time required under subsection (2), the person’s ballot paper must not be admitted to scrutiny under part 12. [1.44] Applications for postal voting papers Section 136A (2) (c) (c) received by an authorised officer before 5 pm on the Thursday before polling close day. [1.45] Section 136A (6) (6) Despite subsections (3) and (5), the authorised officer may post or give postal voting papers to the applicant as soon as practicable after the draw for positions on the ballot paper is completed. [1.46] Ordinary or declaration voting in ACT before polling day Section 136B omit

Modification [1.47] page 50 Aboriginal and Torres Strait Islander Elected Body [1.47] Declaration voting outside ACT on or before polling day Section 136C omit [1.48] Record of issue of declaration voting papers Section 137 (1) omit , 136B (17) or 136C [1.49] Inspection of records Section 138 (1) omit polling day polling close day [1.50] Receipt of declaration voting papers Section 139 (2) (2) If the commissioner receives completed postal voting papers under subsection (1), the commissioner must give the voting papers to the review panel for their decision, under section 144B, about whether the person who cast the postal vote is an Aboriginal or Torres Strait Islander person. [1.51] Registered declaration voters Section 140 omit

Modification [1.52] [1.52] Issue of voting papers to registered declaration voters Section 141 omit [1.53] Requirements for casting postal votes Section 144A (1) omit or section 141 (Issue of voting papers to registered declaration voters) [1.54] New sections 144B and 144C

144B Review panel—eligibility of person who postal votes (1) This section applies if the commissioner gives the review panel completed postal voting papers under section 139 (2). (2) The review panel must decide, after making any investigation the panel considers appropriate, whether the person who cast the postal vote (the claimant) is an Aboriginal or Torres Strait Islander person. (3) The review panel must complete its review not later than 6 business days after the day it receives the claimant’s postal voting papers. (4) If any member of the review panel decides that the claimant is an Aboriginal or Torres Strait Islander person, the claimant’s ballot paper must be admitted to scrutiny under part 12. (5) The review panel must give the commissioner written notice of—

Modification [1.55] page 52 Aboriginal and Torres Strait Islander Elected Body (6) The commissioner must tell the claimant whether, having regard to the review panel’s decision, the claimant’s vote will be admitted to scrutiny.

144C Review panel—residence of person who postal votes (1) This section applies if the commissioner gives the review panel completed postal voting papers under schedule 3, clause 12. (2) The review panel must decide, after making any investigation the panel considers appropriate, whether the person who cast the postal vote (the claimant) lives in the ACT. (3) The review panel must complete its review not later than 6 business days after the day it receives the claimant’s postal voting papers. (4) If any member of the review panel decides that the claimant lives in the ACT, the claimant’s ballot paper must be admitted to scrutiny under part 12. (5) The review panel must give the commissioner written notice of— (6) The commissioner must tell the claimant whether, having regard to the review panel’s decision, the claimant’s vote will be admitted to scrutiny. [1.55] Mobile polling Division 10.5 omit

Modification [1.56] [1.56] Section 154

154 Arrangements at polling places—opening and closing (1) Each polling place for an ATSIEB election must— (a) open at the polling open time for the polling place; and (b) close at the polling close time for the polling place. (2) No-one must be admitted to the polling place after the polling close time for the purpose of voting. (3) The poll at the polling place must— (a) open at the polling open time; and (b) not close until all electors present in the polling place at the polling close time and wanting to vote have voted. polling close time, for a polling place, means the polling close time stated in the appointment under section 119 (1) (a) for the polling place. polling open time, for a polling place, means the polling open time stated in the appointment under section 119 (1) (a) for the polling place.

154A Arrangements at polling places—ballot boxes (1) The polling at each polling place for an ATSIEB election must be conducted in accordance with this section. (2) Before any vote is taken in the election, the OIC must, in the presence of any scrutineers— (a) exhibit the ballot box for the election empty; and

Modification [1.56] page 54 Aboriginal and Torres Strait Islander Elected Body (b) after exhibiting the ballot box, securely fasten its cover. (3) At the end of each day’s polling, the OIC must, in the presence of any scrutineers, close the ballot box and seal it. (4) At the start of the 2nd and each subsequent day’s polling, the OIC must, in the presence of any scrutineers, examine the seal on the ballot box and open it. (5) The same ballot box must be used at each polling place for the election unless it is full. (6) When a ballot box is full, the OIC must, in the presence of any scrutineers— (a) close and seal the ballot box; and (b) exhibit another ballot box for the election empty and then securely fasten its cover. (7) At the end of the polling close day for the election, the OIC must, in the presence of any scrutineers— (a) close and seal the ballot box containing sealed ballot paper envelopes and their contents for ordinary voting or declaration voting; and (b) parcel and enclose in sealed wrapping all unused ballot papers; and (c) parcel and enclose in sealed wrapping all other electoral papers used at the polling place; and (d) give all the ballot boxes used in the election, and the articles mentioned in paragraph (b) and (c), to the commissioner. (8) The commissioner must keep the articles mentioned in subsection (7) in safe custody for the purposes of scrutiny under part 12.

Modification [1.57] (9) Ballot paper envelopes containing ballot papers cast as ordinary votes in an ATSIEB election may only be removed from ballot boxes and counted after the close of polling on polling close day. [1.57] Extension of time for conducting elections Section 159 (1) omit the day the period [1.58] Suspension and adjournment of polling Section 160 (1) omit on polling day during the polling period [1.59] Section 160 (5) omit on the day during the period [1.60] Failure to vote

Division 10.7 omit

Part 1.4 Modification of pt 12 (The scrutiny) Modification [1.61] page 56 Aboriginal and Torres Strait Islander Elected Body Part 1.4 Modification of pt 12 (The scrutiny) [1.61] Scrutiny Section 178 (3) (f) omit [1.62] Preliminary scrutiny of declaration voting papers etc Section 179 (1) (c) omit [1.63] Section 179 (6) omit [1.64] First count—ordinary ballot papers Section 182 (2) (2) The OIC for a scrutiny centre must arrange for the procedures set out in this section to be carried out not earlier than— (a) 7 business days after the polling close day for the election; or (b) if a review panel is considering a postal vote under section 144B or section 144C—the day after the review panel gives the commissioner written notice of its decision under section 144B (5) or section 144C (5). [1.65] Section 182 (5) (b), (c) and (d) omit [1.66] Section 182 (6) and (7) omit

Modification of pt 12 (The scrutiny) Part 1.4 Modification [1.67] [1.67] Section 183A

183A First count—electronic ballot papers The OIC for a scrutiny centre must arrange for preferences from electronic voting to be entered into the approved computer program, and for the electronic counting of the votes using the program, not earlier than— (a) 7 business days after the polling close day for the election; or (b) if a review panel is considering a postal vote under section 144B or section 144C—the day after the review panel gives the commissioner written notice of its decision under section 144B (5) or section 144C (5). [1.68] Second count—first preferences Section 184 omit [1.69] Ascertaining result of poll Section 185 (1) (a) omit [1.70] Section 189

189 Declaration of result of ATSIEB election (1) As soon as practicable after the result of an ATSIEB election has been decided, the commissioner must, in writing, declare each successful candidate elected. (2) A declaration under subsection (1) is a notifiable instrument.

Part 1.4 Modification of pt 12 (The scrutiny) Modification [1.70] page 58 Aboriginal and Torres Strait Islander Elected Body

189A Report of result of ATSIEB election (1) As soon as practicable after the result of an ATSIEB election has been decided, the commissioner must give the ATSIEB chair (or, if there is no chair, the Minister) a written report setting out: (a) the election results; and (b) the number of votes received by each candidate. (2) The commissioner must make the report available to the public during ordinary office hours. • at the office of the commissioner • on the commissioner’s website

Modifications of pt 13 (Casual vacancies) Part 1.5 Modification [1.71] Part 1.5 Modifications of pt 13 (Casual vacancies) [1.71] Section 190, new definitions casual vacancy means a vacancy in a position on ATSIEB if the vacancy has happened otherwise than because— (a) the term for which the ATSIEB member was elected has ended; or (b) there has been a partial failure of an election. Note See s 111B for what happens if there are no candidates for an ATSIEB election. partial failure, of an ATSIEB election, means that fewer candidates were nominated for the election than were required to be elected. [1.72] Section 190, definition of Speaker omit [1.73] Notice of casual vacancy Section 191 (1) (a) the ATSIEB chair tells the commissioner in writing that there is a casual vacancy for a position for an ATSIEB member; and (b) the vacancy occurs after the latest ATSIEB election has been declared and before 1 January in the year in which the next ATSIEB election is to be held.

Part 1.5 Modifications of pt 13 (Casual vacancies) Modification [1.75] page 60 Aboriginal and Torres Strait Islander Elected Body (1A) If the commissioner is satisfied that it is practicable to fill the vacancy under section 194, the commissioner must give public notice of the Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). [1.75] Publication of candidates’ details Section 193 (1) (b) omit any suppressed address the candidate’s address [1.76] Determination of candidate to fill vacancy Section 194 (3) (3) The commissioner must— (a) declare the successful candidate elected; and (b) tell the ATSIEB chair (or, if there is no chair, the Minister) in writing about the election of the successful candidate. [1.77] Sections 195 and 196

195 ATSIEB nominees (a) there is a casual vacancy for a position on ATSIEB; and

Modifications of pt 13 (Casual vacancies) Part 1.5 Modification [1.77] (b) the commissioner tells the ATSIEB chair (or, if there is no chair, the Minister)— (i) under section 191 (4), that it is not practicable to fill the vacancy; or (ii) under section 193 (2), that there are no candidates for the (2) The Minister must, after taking into consideration any recommendations from ATSIEB, appoint a person who is eligible to be elected to the vacant position to fill the vacancy. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

196 Term of ATSIEB member declared elected under pt 13 (1) This section applies to a person— (a) declared elected under section 194 (3) (a); or (b) appointed under section 195 (2). (2) The term of the person’s appointment begins at the end of the day the election of the person is declared or the person is appointed and, unless sooner ended, ends on the day the former ATSIEB member’s appointment would have ended.

Part 1.6 Modifications of pt 16 (Disputed elections, eligibility and vacancies) Modification [1.78] page 62 Aboriginal and Torres Strait Islander Elected Body Part 1.6 Modifications of pt 16 (Disputed elections, eligibility and vacancies) [1.78] Definitions for pt 16 Section 250, definition of Speaker omit [1.79] Section 251

251 Meaning of ATSIEB chair—pt 16 (1) In this part: ATSIEB chair includes— (a) if the ATSIEB chair is unavailable—the ATSIEB deputy chair; or (b) if both the ATSIEB chair and the ATSIEB deputy chair are unavailable—another ATSIEB member who is not the subject of a proceeding and is appointed by ATSIEB to act as the ATSIEB chair for this part; or (c) if both the ATSIEB chair and the ATSIEB deputy chair are unavailable and no ATSIEB member is appointed for paragraph (b)—the Minister. (2) For this section, the ATSIEB chair or the ATSIEB deputy chair is unavailable if— (a) the office-holder is absent from duty; or (b) there is a vacancy in the office; or (c) the office-holder is the subject of a proceeding.

Modifications of pt 16 (Disputed elections, eligibility and vacancies) Part 1.6 Modification [1.80] [1.80] Validity may be disputed after election New section 256 (2) (aa) and (ab) before section 256 (2) (a), insert (aa) a decision by a liaison officer or review panel in relation to an elector’s claim to be an Aboriginal or Torres Strait Islander person; (ab) a decision by a review panel in relation to an elector’s claim to live in the ACT; [1.80A] Immaterial delays and errors Section 268 (1) (b) omit preliminary [1.81] Inquiries by court Section 269 (3) omit

Part 1.7 Modifications of pt 17 (Electoral offences) Modification [1.82] page 64 Aboriginal and Torres Strait Islander Elected Body Part 1.7 Modifications of pt 17 (Electoral offences) [1.82] Sections 286 and 287 286 Interference with voting (1) A person must not— (a) interfere with the casting of a vote by an elector; or (b) do anything to find out how an elector voted; or (c) allow anyone else to find out how an elector voted. (2) Subsection (1) does not apply to a person assisting an elector under section 156. [1.83] Section 288

288 Violence and intimidation A person must not, by violence or intimidation, hinder or interfere with the free exercise of a right or function under this Act. Note 1 Function is defined in the Legislation Act, dict, pt 1 to include authority, duty and power. Note 2 Exercise a function includes perform the function (see Legislation Act, dict, pt 1).

Modifications of pt 17 (Electoral offences) Part 1.7 Modification [1.84] [1.84] Dissemination of unauthorised electoral matter Section 292 (1) (b) (iii) (iii) if the matter is disseminated for a candidate for election or a person who has publicly indicated that the person intends to be a candidate for election—a statement to the effect that the matter is disseminated for the candidate or person; and [1.85] Publication of statements about candidates Section 301 (3) omit [1.86] Canvassing within 100m of polling places Section 303 (7), definition of polling hours polling hours, for a polling place, means the period stated in the appointment under section 119 during which the place is open for polling. [1.87] Section 307

307 Voting fraud (1) A person must not supply a ballot paper unless authorised by this Act. Maximum penalty: 20 penalty units. (2) A person commits an offence if the person dishonestly obtains a ballot paper. Maximum penalty: 20 penalty units.

Part 1.7 Modifications of pt 17 (Electoral offences) Modification [1.88] page 66 Aboriginal and Torres Strait Islander Elected Body (3) A person must not mark a ballot paper unless— (a) the person is an elector or an assistant assisting the elector under section 156; and (b) the ballot paper marked is the elector’s ballot paper. (4) A person commits an offence if— (a) the person casts a ballot; and (b) the person is not entitled to vote. [1.88] New section 317A 317A Influencing of votes by officers (1) An officer must not do anything to influence someone else’s vote. officer includes a liaison officer. [1.89] New sections 318A and 318B

318A Giving completed ballot papers to commissioner A person who accepts completed ballot papers to be given to the commissioner must give them to the commissioner as soon as practicable. Maximum penalty: 10 penalty units.

Modifications of pt 17 (Electoral offences) Part 1.7 Modification [1.89] 318B Opening envelopes containing ballot papers Unless authorised under this Act, a person must not open a ballot box, or an envelope, that appears to contain completed ballot papers. Maximum penalty: 5 penalty units.

Part 1.8 Modifications of pt 18 (Enforcement proceedings) Modification [1.90] page 68 Aboriginal and Torres Strait Islander Elected Body Part 1.8 Modifications of pt 18 (Enforcement proceedings) [1.90] Commissioner may prosecute enrolment and voting offences Section 326 omit [1.91] Service of certain process by mail Section 327 omit

Modifications of pt 19 (Miscellaneous) Part 1.9 Modification [1.92] Part 1.9 Modifications of pt 19 (Miscellaneous) [1.92] Administrative arrangements with Commonwealth and States Section 336 omit [1.93] Evidentiary certificates Section 337 (1) (b) (ii) omit [1.94] Section 337 (1) (h) and (i) omit registered party, [1.95] Approved forms Section 340A omit [1.96] Regulation-making power Section 341 omit

Part 1.10 Modifications of sch 3 (Preliminary scrutiny of declaration voting papers) Modification [1.97] page 70 Aboriginal and Torres Strait Islander Elected Body

Part 1.10 Modifications of sch 3 (Preliminary scrutiny of declaration voting papers) [1.97] Clause 6 (1), definition of relevant provision, new paragraph (aa) before clause 6 (1) (a), insert (aa) for a vote under section 133B (Declaration voting—challenged claims to vote)—section 133B (3); or [1.98] Clause 6 (1), definition of relevant provision, paragraphs (b) and (c) omit [1.99] Clause 6 (2) (2) This clause applies to a set of declaration voting papers if the officer is satisfied that— (a) the signature on the declaration is that of the elector; and (b) the certificate by the witness is in accordance with the relevant provision; and (c) for a postal vote if the papers were posted to the commissioner— the papers were posted before the close of the poll; and (d) for a declaration vote under section 133B (3) or a postal vote under section 136A (Applications for postal voting papers)—the review panel or a member of the review panel has decided that the elector is an Aboriginal or Torres Strait Islander person.

Modifications of sch 3 (Preliminary scrutiny of declaration voting papers) Part 1.10 Modification [1.99A] [1.99A] Clause 9 (a) (a) the elector who signed the declaration was, when the roll closed for the election, entitled to be enrolled; and [1.100] Clause 11 omit everything before paragraph (a), substitute

11 The OIC must, in accordance with clauses 4 to 10, conduct a further scrutiny of the group of remaining declaration voting papers to which clause 5 (b) applies and, if there are any papers to which clause 5 (b) applies after the further scrutiny, the OIC must— [1.101] New clause 12

12 The OIC must, in accordance with clauses 4 to 10, conduct a further scrutiny of the group of remaining declaration voting papers to which clause 8 (b) applies and, if there are any papers to which clause 8 (b) applies after the further scrutiny, the OIC must give the papers to the review panel for consideration under section 144C.

Modification [1.102] page 72 Aboriginal and Torres Strait Islander Elected Body [1.102] Definition of ballot paper, paragraph (b) (b) if a regulation is in force under section 114 (4) (Ballot papers)— means a ballot paper in the form prescribed by regulation. [1.103] New definition of casual vacancy casual vacancy, for part 13 (Casual vacancies)—see section 190. [1.103A] Definitions of certified extract of electors and certified list of electors certified extract of electors, for an election in an electorate—see section 120A. certified list of electors, for an election in an electorate—see section 120A. [1.103B] New definition of closed closed, in relation to a roll, means closed in accordance with section 80. [1.104] Definition of declaration vote, new paragraph (aa) before paragraph (a), insert (aa) section 133B (Declaration voting—challenged claims to vote);

Modifications of dictionary Part 1.11 Modification [1.105] [1.105] New definition of liaison officer liaison officer means an Aboriginal and Torres Strait Islander liaison officer appointed under section 33 (2A). [1.105A] Definition of official error omit 6 pm on the first day of the pre-election period for the roll closed for the purpose of [1.105B] New definition of partial failure partial failure, for part 13 (Casual vacancies)—see section 190. [1.106] Definition of polling place polling place means a place appointed to be a polling place under section 119. [1.106A] Definition of pre-election period pre-election period, for an ATSIEB election, means the period–– (a) starting at 9 am on the first day when a person may be nominated as a candidate for the election; and (b) ending at the end of the last day when an elector may vote in the

Modification [1.106B] page 74 Aboriginal and Torres Strait Islander Elected Body [1.106B] Definitions of preliminary certified extract of electors and preliminary certified list of electors omit [1.107] New definition of review panel review panel means the panel established under section 125A. [1.108] Definition of supplementary certified list of electors omit

(see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • appoint • bankrupt or personally insolvent • body • business day • director-general (see s 163) • electoral commission • electoral commissioner • Executive • financial year • indictable offence (see s 190) • Minister (see s 162) • modification • must (see s 146) • notifiable instrument (see s 10) • penalty unit (see s 133) • public holiday • public sector body • sign. Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and (b) identifies as an Aboriginal person or a Torres Strait Islander person; and

page 76 Aboriginal and Torres Strait Islander Elected Body (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community. ATSIEB—see section 7. ATSIEB chair—see section 15. ATSIEB deputy chair—see section 16. ATSIEB election, for part 3 (ATSIEB elections)—see section 28. ATSIEB member means a person elected under part 3 (ATSIEB elections) to be a member of ATSIEB. ATSIEB term means the period between ATSIEB elections. commissioner means the electoral commissioner. election start day, for part 3 (ATSIEB elections)—see section 28. elector, for part 3 (ATSIEB elections)—see section 28. Electoral Act means the Electoral Act 1992. executive officer, of a government agency, means— (a) the director-general; or (b) for a public sector body—the person responsible for the management of the public sector body; or (c) for a territory instrumentality—the head (however described) of the instrumentality. government agency means— (a) the public service; or (b) a public sector body; or (c) a territory instrumentality.

hour of nomination, for an ATSIEB election––see the Electoral Act, section 108 (3), as applied by section 31. Note Sch 1, pt 1.2, mod 1.14 modifies the Electoral Act, s 108 (3) in its application to this Act. nomination close day, for an ATSIEB election, means the Monday 33 days before the polling start day. nominee, for an ATSIEB election, means a person nominated as a candidate for the election. polling close day, for part 3 (ATSIEB elections)—see section 28. polling period, for part 3 (ATSIEB elections)—see section 28. polling start day, for part 3 (ATSIEB elections)—see section 28. representative Aboriginal organisation—see the Heritage Act 2004, section 14.

1 About the endnotes page 78 Aboriginal and Torres Strait Islander Elected Body

1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Legislation history 3 3 Legislation history Aboriginal and Torres Strait Islander Elected Body Act 2008 A2008-12 notified LR 14 May 2008 s 1, s 2 commenced 14 May 2008 (LA s 75 (1)) remainder commenced 15 May 2008 (s 2) as amended by Statute Law Amendment Act 2010 A2010-18 sch 1 pt 1.1 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 1 pt 1.1 commenced 3 June 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.1 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.1 notified LR 31 August 2011 s 1, s 2 commenced 31 August 2011 (LA s 75 (1)) sch 3 pt 3.1 commenced 21 September 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.1 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.1 commenced 12 December 2011 (s 2) Electoral Legislation Amendment Act 2012 A2012-1 sch 1 notified LR 28 February 2012 s 1, s 2 commenced 28 February 2012 (LA s 75 (1)) sch 1 commenced 29 February 2012 (s 2) Act 2013 A2013-6 notified LR 5 March 2013 s 1, s 2 commenced 5 March 2013 (LA s 75 (1)) remainder commenced 6 March 2013 (s 2)

3 Legislation history page 80 Aboriginal and Torres Strait Islander Elected Body Act 2014 A2014-15 notified LR 9 May 2014 s 1, s 2 commenced 9 May 2014 (LA s 75 (1)) remainder commenced 10 May 2014 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.1 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.1 commenced 14 October 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 4 pt 4.1 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 4 pt 4.1 commenced 27 April 2016 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.1 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 September 2016 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.1 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.1 commenced 9 March 2017 (s 2) Act 2017 A2017-18 notified LR 15 June 2017 s 1, s 2 commenced 15 June 2017 (LA s 75 (1)) remainder commenced 15 July 2017 (s 2, CN2017-4 and see LA s 77 (3)) Act 2020 A2020-36 notified LR 5 August 2020 s 1, s 2 commenced 5 August 2020 (LA s 75 (1)) remainder commenced 6 August 2020 (s 2)

Legislation history 3 Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.1 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.1 commenced 6 December 2025 (s 2 (5))

page 82 Aboriginal and Torres Strait Islander Elected Body Commencement s 2 om LA s 89 (4) Objects s 3 am A2011-52 amdt 3.3; A2017-18 s 4, s 5 Functions of ATSIEB s 8 am A2011-52 amdt 3.3, A2017-18 ss 6-11; pars renum R14 LA; A2020-36 s 4, s 5; pars renum R15 LA Consultation on cultural heritage s 9 sub A2017-18 s 12 Discussions etc with non-government entities on systemic issues s 10 hdg sub A2017-18 s 13 s 10 am A2011-22 amdts 1.1-1.3; A2011-52 amdt 3.3; A2016-52 amdt 1.1; A2017-18 s 14, s 15; A2020-36 s 6 Public hearings about government service provision s 10A ins A2017-18 s 16 Broadcasting of public hearings s 10AA ins A2020-36 s 7 Reports from ATSIEB s 10B ins A2017-18 s 16 am A2020-36 s 8, s 9 Requirement to consult s 11 am A2011-52 amdt 3.1, amdt 3.3 sub A2017-18 s 17 ATSIEB to develop consultation plan s 12 am A2011-52 amdt 3.3 sub A2017-18 s 17 Conduct of consultation s 13 sub A2017-18 s 17 Reporting on consultation s 13A ins A2017-18 s 17 am A2020-36 s 10 ATSIEB members s 14 am A2013-6 s 4 ATSIEB chair s 15 am A2017-18 s 18, s 19; ss renum R14 LA

Amendment history 4 ATSIEB deputy chair s 16 am A2017-18 s 20, s 21; ss renum R14 LA Resolution of no-confidence in ATSIEB chair or ATSIEB deputy chair s 16A ins A2017-18 s 22 Removal of ATSIEB member s 19 am A2010-18 amdt 1.1; A2017-18 s 23 Quorum at ATSIEB meetings s 23 am A2017-18 s 24 Executive officer at ATSIEB meeting s 26 hdg sub A2011-22 amdt 1.4 s 26 am A2011-22 amdts 1.5-1.7; A2017-18 s 25 Definitions—pt 3 s 28 def hour of nomination om A2014-15 s 4 def nomination close day sub A2013-6 s 5 om A2014-15 s 4 def nominee om A2014-15 s 4 def pre-election period om A2014-15 s 4 Timetable for ATSIEB elections s 29 am A2013-6 s 6 table sub A2014-15 s 5 Determination of polling day s 29A ins A2014-15 s 6 am A2025-29 amdt 4.1 Caretaker period s 30A ins A2020-36 s 11 Application of Electoral Act s 31 am A2020-36 s 12; table items renum R15 LA Approved forms s 34 am A2025-29 amdt 4.1 Regulation-making power s 36 am A2017-18 s 26; ss renum R14 LA; A2025-29 amdt 4.1 Transitional pt 5 hdg exp 15 November 2008 (s 44) Transitional—general div 5.1 hdg exp 15 November 2008 (s 44) Transitional—community forums s 37 exp 15 November 2008 (s 44 (LA s 88 declaration applies))

page 84 Aboriginal and Torres Strait Islander Elected Body Transitional—time and place of ATSIEB meetings s 38 exp 15 November 2008 (s 44 (LA s 88 declaration applies)) Transitional—first ATSIEB election div 5.2 hdg exp 15 November 2008 (s 44) Conduct of first ATSIEB election s 39 exp 15 November 2008 (s 44) Transitional—timetable for first ATSIEB election s 40 exp 15 November 2008 (s 44 (LA s 88 declaration applies)) Transitional—modification of Electoral Act, s 33, s 111 and s 125A s 41 exp 15 November 2008 (s 44 (LA s 88 declaration applies)) Transitional—modification of Electoral Act, s 80 s 42 exp 15 November 2008 (s 44 (LA s 88 declaration applies)) Transitional regulations s 43 exp 15 November 2008 (s 44 (LA s 88 declaration applies)) Expiry—pt 5 div 5.3 hdg exp 15 November 2008 (s 44) Expiry—pt 5 s 44 exp 15 November 2008 (s 44) Modifications of Electoral Act as applied to ATSIEB elections sch 1 am A2011-52 amdt 3.4; A2012-1 amdt 1.1, amdt 1.2; A2013-6 s 7; A2014-15 s 7, s 8; A2015-33 amdt 1.1; A2016-18 amdt 4.1; A2017-4 amdt 3.1; A2020-36 ss 13-26; A2025-29 amdt 4.1 dict am A2010-18 amdt 1.2; A2011-22 amdt 1.8; A2011-28 amdt 3.1; A2016-52 amdt 1.2; A2017-18 s 27 def Aboriginal or Torres Strait Islander person ins A2011-52 amdt 3.2 def Aboriginal person or Torres Strait Islander om A2011-52 amdt 3.2 def ATSIEB term ins A2017-18 s 28 def community forum om A2017-18 s 29 def executive officer ins A2017-18 s 30 def government agency sub A2016-52 amdt 1.3 def hour of nomination sub A2014-15 s 9 def nomination close day sub A2014-15 s 10 def nominee sub A2014-15 s 11

Amendment history 4 def pre-election period om A2014-15 s 12 def representative Aboriginal organisation ins A2017-18 s 30 def UNEC om A2017-18 s 31

5 Earlier republications page 86 Aboriginal and Torres Strait Islander Elected Body

5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. No and date Effective Last amendment made by for 15 May 2008– 15 Nov 2008 not amended new Act 16 Nov 2008 16 Nov 2008– not amended commenced expiry 3 June 2010– A2010-18 amendments by A2010-18 1 July 2011– 20 Sept 2011 A2011-22 amendments by A2011-22 21 Sept 2011 21 Sept 2011– 11 Dec 2011 A2011-28 amendments by A2011-28 12 Dec 2011 12 Dec 2011– 28 Feb 2012 A2011-52 amendments by A2011-52 29 Feb 2012 29 Feb 2012– 5 Mar 2013 A2012-1 amendments by A2012-1 6 Mar 2013 6 Mar 2013– A2013-6 amendments by A2013-6 10 May 2014– 13 Oct 2015 A2014-15 amendments by A2014-15 14 Oct 2015 14 Oct 2015– 26 Apr 2016 A2015-33 amendments by A2015-33 27 Apr 2016 27 Apr 2016– 31 Aug 2016 A2016-18 amendments by A2016-18 1 Sept 2016 1 Sept 2016– 8 Mar 2017 A2016-52 amendments by A2016-52

Earlier republications 5 No and date Effective Last amendment made by for 9 Mar 2017 9 Mar 2017– A2017-4 amendments by A2017-4 15 July 2017– 5 Aug 2020 A2017-18 amendments by A2017-18 6 Aug 2020 6 Aug 2020– 5 Dec 2025 A2020-36 amendments by A2020-36