Aboriginal Council means an Aboriginal Council established by Part III.

Aboriginal corporation means an Aboriginal Council or an Incorporated Aboriginal Association.

adult Aboriginal means an Aboriginal who has attained the age of 18 years.

area, in relation to an Aboriginal Council, means the Aboriginal Council area for which the Council is established by this Act.

committee, in relation to an Aboriginal association, means the members having the conduct of the affairs of the association.

councillor means a councillor of an Aboriginal Council.

Court means the Federal Court of Australia.

Deputy Registrar means a Deputy Registrar of Aboriginal Corporations appointed under section 4.

Incorporated Aboriginal Association means an Aboriginal association incorporated under Part IV.

official address, in relation to the public officer of an Aboriginal Corporation, means the address notified to the Registrar under section 37 or 57.

public officer, in relation to an Aboriginal Corporation, means the public officer of the corporation appointed in pursuance of section 36 or 56.

Registrar means the Registrar of Aboriginal Corporations appointed under section 4.

spouse, in relation to an Aboriginal, includes a person who, although not legally married to the Aboriginal, is living with the Aboriginal as the Aboriginal's spouse on a permanent and bona fide domestic basis.

surplus assets, in relation to an Incorporated Aboriginal Association, means the assets remaining on the winding up of the Association after payment of the debts and liabilities of the Association and the cost, charges and expenses of the winding up.

unauthorized name, in relation to an Aboriginal association, means:

(a)

a name that is, in the opinion of the Registrar, undesirable; or

(b)

a name that would not be available to a body corporate under the Corporations Act 2001.

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(1)

For the purposes of this Act, there shall be a Registrar of Aboriginal Corporations and such number of Deputy Registrars of Aboriginal Corporations as the Minister determines from time to time.

(2)

The Registrar shall be appointed by the Minister and has such duties, functions and powers as are provided by this Act and by the regulations.

(3)

The Deputy Registrars shall be appointed by the Minister for the purpose of assisting the Registrar in carrying out his or her duties and functions.

(4)

The Registrar and the Deputy Registrars shall be engaged under the Public Service Act 1999.

(5)

The Registrar and the Deputy Registrars hold office, as such, during the pleasure of the Minister.

(1)

In addition to the functions conferred by other provisions of this Act, the functions of the Registrar are:

(a)

to maintain 2 public registers, one being a Register of Aboriginal Councils and the other a Register of Incorporated Aboriginal Associations;

(b)

to advise adult Aboriginals on the procedures for the constitution of Aboriginal Council areas and the establishment of Aboriginal Councils and for the incorporation of Aboriginal associations; and

(c)

to arbitrate in disputes as provided for by the Rules of an Aboriginal Council.

(2)

The Registrar has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of his or her functions including, but without limiting the generality of the foregoing, power to act as agent for an Aboriginal corporation.

(1)

Where there is a vacancy in the office of the Registrar or of a Deputy Registrar, the Minister may, by signed writing, appoint a person to act as Registrar or Deputy Registrar, as the case may be, until the filling of the vacancy, but a person so appointed shall not continue to act after the expiration of the period of 12 months after the occurrence of the vacancy.

(2)

Where the Registrar or a Deputy Registrar is, or is expected to be, absent from duty or from Australia or unable, whether on account of illness or otherwise, to perform the duties of his or her office, the Minister may, by signed writing, appoint a person to act as Registrar or Deputy Registrar, as the case may be, during the period during which the Registrar or Deputy Registrar is so absent or so unable to perform the duties of his or her office.

(3)

A person appointed to act as Registrar or Deputy Registrar in accordance with this section has all the functions, powers and duties of the Registrar or Deputy Registrar, as the case may be.

(4)

A person appointed under this section may resign his or her appointment by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

The Registrar or a Deputy Registrar may resign his or her office by signed writing delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.

(1)

The Registrar shall have and use as the seal of his or her office a seal in such form as the Minister, by notice in the Gazette, determines.

(2)

All courts, judges and persons acting judicially shall take judicial notice of:

(a)

the signature of any person who holds or has held, or acts or has acted in, the office of Registrar and of the fact that that person holds or has held, or is acting or has acted in, that office; and

(b)

the seal of the Registrar.

(1)

The Registrar may, either generally or as otherwise provided by the instrument of delegation, by signed writing, delegate to a person any of his or her powers under this Act, other than this power of delegation.

(2)

A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Registrar.

(3)

A delegation under this section does not prevent the exercise of a power by the Registrar.

In this Part, unless the contrary intention appears, application means an application made under section 11 but, where such an application has been varied under section 14, means that application as so varied, and applicant has a corresponding meaning.

(1)

Where 10 adult Aboriginals living in a particular area desire that an Aboriginal Council be formed in respect of that area, they may apply in writing, signed by each of them, to the Registrar for the constitution of that area as an Aboriginal Council area with a view to the establishment of an Aboriginal Council for that area.

(2)

An application under subsection (1) shall state:

(a)

the boundaries of the area proposed to be constituted as an Aboriginal Council area;

(b)

the functions of the proposed Aboriginal Council for that area, which shall include the provision of a service or services to the Aboriginals living in the area and may include any other function for the benefit of those Aboriginals; and

(c)

the names and addresses of the persons making the application.

(3)

A reference in paragraph (2)(b) to a service shall be read as including a reference to a service relating to any of the following matters:

(a)

housing;

(b)

health;

(c)

sewerage;

(d)

water supply;

(e)

electricity supply;

(f)

communications;

(g)

education or training;

(h)

relief work for unemployed persons;

(i)

roads and associated works;

(j)

garbage collection and disposal;

(k)

welfare;

(l)

community amenities.

(4)

This section does not apply in relation to an area that consists of or includes the whole of an existing Aboriginal Council area.

(1)

Where the Registrar receives an application under section 11, the Registrar shall:

(a)

inform the adult Aboriginals living in the area to which the application relates of his or her receipt of the application;

(b)

explain to those Aboriginals:

(i)

the purpose of the application;

(ii)

the boundaries of the area the subject of the application; and

(iii)

the functions of the proposed Aboriginal Council for that area; and

(c)

fix a time and place for a meeting to discuss the application and notify those Aboriginals of that time and place.

(2)

The Registrar shall carry out his or her duties under subsection (1) by any means that the Registrar considers appropriate.

(1)

The Registrar shall convene a meeting in accordance with a notification given under paragraph 12(1)(c).

(2)

The Registrar shall attend a meeting convened under subsection (1) and shall endeavour to ascertain the opinions of the adult Aboriginals present at the meeting regarding:

(a)

the establishment of an Aboriginal Council for the area the subject of the application or a part of that area; and

(b)

the functions to be conferred on such a Council.

The applicants may, having regard to the opinions expressed at a meeting convened in pursuance of section 13, vary their application as they think fit but not so as to extend the area to which the application relates.

The applicants may, by notice in writing served on the Registrar, withdraw an application at any time before the constitution of an Aboriginal Council area in accordance with the application.

(1)

Where:

(a)

the Registrar is satisfied, with respect to an application under section 11:

(i)

that a substantial majority of adult Aboriginals living in the area to which the application relates is in favour of the establishment of an Aboriginal Council for the area with the functions set out in the application; and

(ii)

that, having regard to the needs and resources of the Aboriginals living in that area, the proposed Council could effectively perform those functions;

(aa)

the area to which the application relates is not, and does not include, an area to which local government extends, or to which it is proposed to extend local government, by or under a law of a State or Territory;

(b)

the area to which the application relates does not consist of, or include, a part of an existing Aboriginal Council area; and

(c)

the Registrar has agreed with the applicants on a name for the proposed Aboriginal Council area;

the Registrar may, by notice published in the Gazette, constitute that area as an Aboriginal Council area under that name.

(2)

A notice under subsection (1) shall specify the boundaries of the Aboriginal Council area.

(4)

Where, by reason of the circumstances of an application under section 11, the Registrar is of the view that he or she should not constitute the area to which the application relates as an Aboriginal Council area under subsection (1), the Registrar shall refer the application to the Minister for his or her direction.

(5)

Where a part (in this subsection referred to as the prescribed part) of an area to which an application under section 11 relates consists of a part of an existing Aboriginal Council area, the Registrar shall, before referring the application to the Minister for his or her direction, endeavour to ascertain the opinions of the adult Aboriginals living in the prescribed part regarding the establishment of an Aboriginal Council for the area to which the application relates or a part of that area that includes the prescribed part and the functions to be conferred on such a Council.

(6)

A reference under subsection (4) shall be accompanied by:

(a)

all relevant documents in the possession of the Registrar;

(b)

a statement by the Registrar of the matters ascertained by him or her under subsection 13(2) and subsection (5) of this section; and

(c)

any comments on the application that the Registrar may wish to make.

(1)

Subject to subsection (3), where an application is referred to the Minister under section 16, the Minister may, having regard to the customs and wishes of the adult Aboriginals living in the area to which the application relates or in a part of that area, direct the Registrar to constitute that area or that part as an Aboriginal Council area and, if the Minister does so, he or she shall specify:

(a)

the boundaries of the area to be so constituted;

(b)

the name under which the area is to be so constituted; and

(c)

the functions of the proposed Aboriginal Council for the area.

(2)

Where an application referred to the Minister under section 16 relates to an area that consists of, or includes, part of an existing Aboriginal Council area, the Minister shall consult with any Aboriginal Council that may be affected by the granting of the application (in this section referred to as the existing Council) and with any creditors of the existing Council whose rights against it may be prejudiced by the granting of the application and may enter into:

(a)

such agreements with the existing Council with respect to the transfer to the Council for the Aboriginal Council area proposed to be constituted (in this section referred to as the new Council) of assets of the existing Council; and

(b)

such agreements with the creditors of the existing Council with respect to the transfer to the new Council of liabilities of the existing Council to its creditors;

as the Minister considers are required to ensure that, if the application is granted:

(c)

the existing Council will be able effectively to carry out its functions with respect to the area that will remain to it;

(d)

the new Council will be able effectively to carry out its functions with respect to the area constituted in pursuance of the application; and

(e)

the rights of those first-mentioned creditors will not be so prejudiced.

(3)

The Minister shall not give a direction under subsection (1) with respect to an application to which subsection (2) applies unless the Minister has entered into agreements under subsection (2) or is otherwise satisfied that, if the application is granted, the existing Council and the new Council will be able to carry out their respective functions in their respective areas and that the rights of creditors of the existing Council will not be prejudiced.

(4)

Where an application referred to the Minister under section 16 relates to an area that is, or includes, an area to which local government extends, or to which it is proposed to extend local government, by or under a law of a State or Territory, the Minister shall not direct the Registrar under subsection (1) to constitute the area to which the application relates, or a part of that area, as an Aboriginal Council area unless the Minister has consulted with the person responsible for administering local government in the relevant State or Territory, or in each relevant State or Territory, that is to say:

(a)

in the case of a State—the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to local government in that State; or

(b)

in the case of a Territory—the person holding an executive office who is responsible, or principally responsible, for the administration of matters relating to local government in that Territory.

(5)

Where the Registrar receives a direction under subsection (1), he or she shall, by notice published in the Gazette, constitute the area to which the direction relates as an Aboriginal Council area under the name specified in the direction.

(6)

A notice under subsection (5) shall specify the boundaries of the Aboriginal Council area.

(7)

By force of this subsection, upon the publication of a notice under subsection (5) constituting an Aboriginal Council area:

(a)

any part of the area thus constituted that was, immediately before being so constituted, part of an existing Aboriginal Council area, ceases to be part of that last-mentioned area;

(b)

any assets the subject of agreements under paragraph (2)(a) cease to be vested in the Aboriginal Council in which they were vested immediately before publication of the notice and become vested in the Aboriginal Council that is, in accordance with section 19, established by this Act for the area so constituted; and

(c)

an Aboriginal Council that was, immediately before the publication of the notice, liable to pay and discharge any liabilities the subject of agreements under paragraph (2)(b) ceases to be so liable and the Aboriginal Council that is, in accordance with section 19, established by this Act for the area constituted under subsection (5) becomes liable to pay and discharge those liabilities.

If the Minister does not give a direction under section 17 with respect to an application, the Minister shall direct the Registrar to refuse the application and to inform the applicants of the refusal and of the reasons for the refusal, being reasons set out by the Minister in the direction.

(1)

On the constitution of an Aboriginal Council area under section 16, 17 or 27, there is established by this Act an Aboriginal Council for that area.

(2)

An Aboriginal Council shall be known as the Aboriginal Council for the Aboriginal Council area for which it is established.

(3)

An Aboriginal Council:

(a)

is a body corporate with perpetual succession;

(b)

shall have a common seal;

(c)

may acquire, hold and dispose of real and personal property; and

(e)

may sue and be sued in its corporate name.

Note: Subject to section 19A, the Commonwealth Authorities and Companies Act 1997 applies to an Aboriginal Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(4)

All courts, judges and persons acting judicially shall take judicial notice of the seal of an Aboriginal Council affixed to a document and shall, unless the contrary is proved, presume that it was duly affixed.

If an Administrator of an Aboriginal Council is appointed under Part V then, while the appointment remains in force:

(a)

subject to paragraph (b), the Commonwealth Authorities and Companies Act 1997 applies in relation to the Aboriginal Council as if the Administrator were the sole director of the Aboriginal Council for the purposes of that Act; and

(b)

section 21 of that Act does not apply to the Administrator.

(1)

The functions of an Aboriginal Council are:

(a)

where the area of the Council was constituted under section 16—the functions specified in the application on the basis of which that area was so constituted;

(b)

where the area of the Council was constituted under section 17—the functions specified in the direction in compliance with which that area was so constituted; or

(c)

where the area of the Council was constituted under section 27—the functions specified in the recommendation by virtue of which that area was so constituted.

(2)

There shall be included in the notice published under section 16, 17 or 27 with respect to the constitution of the area of an Aboriginal Council a statement of the functions conferred on the Council by subsection (1).

(1)

As soon as practicable after the establishment of an Aboriginal Council the Registrar shall conduct an election of councillors of the Council.

(2)

For the purpose of conducting an election under this section, the Registrar shall, subject to the regulations:

(a)

inform the adult Aboriginals living in the area of the Aboriginal Council of the Registrar's intention to conduct the election;

(b)

fix the number of councillors to be elected and notify those Aboriginals of that number;

(c)

determine the manner in which the election is to be conducted and explain to those Aboriginals the manner in which the election is to be conducted; and

(d)

fix the date or dates, and the place or places, that are relevant to the conduct of the election and notify those Aboriginals of that date or dates and that place or places.

(3)

In fixing the number of councillors to be elected at an election under this section and in determining the manner in which the election is to be conducted, the Registrar shall have regard to the views of the adult Aboriginals living in the area of the Aboriginal Council.

(4)

A person is not entitled to be a candidate, or to vote, in an election of councillors of an Aboriginal Council under this section unless:

(a)

the person is an Aboriginal; and

(b)

at the date, or the earlier or earliest of the dates, fixed for the purposes of the election:

(i)

the person had attained the age of 18 years; and

(ii)

the person was living in the area of the Council.

(5)

If there is a dispute whether a particular person has been elected as a councillor in an election held under this section, the Registrar shall inquire into the matter and determine whether that person or another person has been elected as a councillor.

(6)

At the conclusion of an election under this section, the Registrar shall publish in the Gazette a notice setting out the results of the election and shall take such other action (if any) as the Registrar considers appropriate to inform the adult Aboriginals living in the area of the Aboriginal Council of those results.

(1)

The Registrar shall, as soon as practicable after the conclusion of an election, under section 21, of councillors of an Aboriginal Council, convene and preside over the first meeting of the Council after that election for the purpose of:

(a)

adopting the Rules of the Council; and

(b)

electing a Chair of the Council.

(2)

A quorum for a meeting of an Aboriginal Council under this section is a number of councillors that is not less than two-thirds of the total number of councillors constituting the Council.

(3)

A question arising at a meeting of an Aboriginal Council under this section shall be decided by a majority of the votes of the councillors present and voting and, in the event of the votes being equal, the Registrar has a casting vote.

(4)

If:

(a)

a motion for the adoption of the Rules of the Council has been passed; and

(b)

the Registrar is of the opinion that the Rules are inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997;

the Registrar shall explain to the meeting his or her reasons for considering that the Rules are inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997 and shall, thereupon, rescind the motion.

(5)

Where a motion for the adoption of the Rules of the Council has been rescinded under subsection (4), a further motion for the adoption of other Rules of the Council may be moved.

(6)

Where Rules of the Council that are not inconsistent with this Act have been adopted, the Rules thereupon take effect and the Registrar shall obtain, and keep in his or her office, a copy of those Rules.

(7)

The Registrar may adjourn a meeting of an Aboriginal Council under this section from time to time for the purpose of enabling further consideration of any question before the meeting.

(8)

If the Registrar is satisfied that Rules of the Council that are not inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997 will not be adopted at a meeting under this section, the Registrar shall adjourn the meeting.

(8A)

Where:

(a)

the Registrar adjourns a meeting of an Aboriginal Council under subsection (8); and

(b)

the Minister is satisfied that Rules of the Council that are not inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997 will not be adopted at that meeting if it resumes;

the Minister may declare the election of the councillors of that Council to be void, and that declaration shall have effect accordingly and the Registrar shall proceed to conduct a fresh election in accordance with section 21.

(9)

A motion for the election of a Chair of the Aboriginal Council shall not be moved until Rules of the Council that are not inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997 have been adopted and, on a Chair being elected, the Registrar shall cease to preside over, or to take any further part in, the meeting.

(10)

In this section, this Act includes the regulations.

(1)

Subject to this Act and the regulations and to the Commonwealth Authorities and Companies Act 1997, the Rules of an Aboriginal Council shall make provision for and in relation to:

(a)

the manner of election of councillors;

(b)

the term of office of councillors (not being a term in excess of 3 years) and the procedure for removal from office;

(c)

the creation of the executive offices of the Council and the procedure for filling those offices;

(d)

the procedure for the conduct of meetings of the Council;

(e)

the manner in which the funds of the Council are to be managed;

(f)

the procedure for settling disputes between the Council and Aboriginals living in the area of the Council; and

(g)

the method of altering the Rules of the Council, whether by making new Rules or by varying or rescinding Rules in force;

and may make provision, not contrary to law, for and in relation to any other matter.

(2)

The Rules of an Aboriginal Council shall comply with any requirements of the regulations.

(3)

The Rules of an Aboriginal Council with respect to any matter may be based on Aboriginal custom.

(1)

Within 3 months before the date on which the terms of office of the councillors constituting an Aboriginal Council (in this section referred to as the retiring councillors) expire, the Registrar shall conduct, in accordance with the Rules of the Council, an election of new councillors.

(2)

For the purpose of conducting an election under this section, the Registrar shall:

(a)

inform the adult Aboriginals living in the area of the Aboriginal Council of the Registrar's intention to conduct the election;

(b)

notify those Aboriginals of the number of councillors to be elected;

(c)

explain to those Aboriginals the manner of conducting the election that is specified in the Rules of the Aboriginal Council; and

(d)

fix the date or dates, and the place or places, that are relevant to the conduct of the election and notify those Aboriginals of that date or dates and that place or places.

(3)

A person is not entitled to be a candidate, or to vote, in an election of councillors of an Aboriginal Council under this section unless:

(a)

the person is an Aboriginal; and

(b)

at the date, or the earlier or earliest of the dates, fixed for the purposes of the election:

(i)

the person had attained the age of 18 years; and

(ii)

the person was living in the area of the Council.

(4)

A person elected as a new councillor under this section takes office on the expiration of the term of office of the retiring councillors.

(5)

At the conclusion of an election under this section, the Registrar shall publish in the Gazette a notice setting out the results of the election and shall take such other action (if any) as the Registrar considers appropriate to inform the adult Aboriginals living in the area of the Aboriginal Council of those results.

(1)

Where the Registrar is satisfied:

(a)

that a substantial majority of adult Aboriginals living in an area (in this section referred to as the additional area) is in favour of the addition of that area to the area (in this section referred to as the original area) of an Aboriginal Council;

(b)

that a substantial majority of adult Aboriginals living in the original area is in favour of the addition of the additional area to the original area;

(c)

that, having regard to the needs and resources of Aboriginals living in both areas, the Aboriginal Council for the original area could effectively carry out its functions with respect to both areas; and

(d)

where the additional area consists of or includes a part of the area of another Aboriginal Council—that, having regard to the needs and resources of Aboriginals living in the remaining part of the area of that other Aboriginal Council, that other Aboriginal Council could effectively carry out its functions in that remaining part;

the Registrar may make a recommendation to the Minister that the additional area be added to the original area.

(2)

Where the additional area that, in accordance with a recommendation under subsection (1), is to be added to the area of an Aboriginal Council (in this section referred to as the first Council) consists of or includes a part of the area of another Aboriginal Council (in this section referred to as the second Council), the Minister shall consult with the second Council and with any creditors of the second Council whose rights against it may be prejudiced if the recommendation is given effect to and may enter into:

(a)

such agreements with the second Council with respect to the transfer to the first Council of assets of the second Council; and

(b)

such agreements with the creditors of the second Council with respect to the transfer to the first Council of liabilities of the second Council to its creditors;

as the Minister thinks are required to ensure that, if the recommendation is given effect to:

(c)

the second Council will be able effectively to carry out its functions with respect to the area that will remain to it;

(d)

the first Council will be able effectively to carry out its functions with respect to both the original area and the additional area, regarded as one area; and

(e)

the rights of those first-mentioned creditors will not be so prejudiced.

(3)

Where:

(a)

the Minister approves a recommendation made under subsection (1); and

(b)

where the additional area to which the recommendation relates is an area referred to in subsection (2)—the Minister has entered into agreements under that subsection or is otherwise satisfied that, if the recommendation is given effect to, the first Council and the second Council will be able to carry out their respective functions in their respective areas and that the rights of creditors of the second Council will not be prejudiced;

the Minister shall, by notice published in the Gazette, re-define the boundaries of the original area so as to add to it the additional area.

(4)

By force of this subsection, upon the publication of a notice under subsection (3) redefining the area of an Aboriginal Council:

(a)

any part of the area of another Aboriginal Council that is included in the redefined area of the first-mentioned Aboriginal Council ceases to be part of the area of that other Aboriginal Council;

(b)

any assets the subject of agreements under paragraph (2)(a) cease to be vested in the Aboriginal Council in which they were vested immediately before the publication of the notice and become vested in the first-mentioned Aboriginal Council; and

(c)

an Aboriginal Council that was, immediately before the publication of the notice, liable to pay and discharge any liabilities the subject of agreements under paragraph (2)(b), ceases to be so liable and the first-mentioned Aboriginal Council becomes liable to pay and discharge those liabilities.

(5)

This section does not apply in circumstances where the area to be added to the area of an Aboriginal Council consists of or includes the whole of an existing Aboriginal Council area.

(1)

Where the Registrar is satisfied:

(a)

that a substantial majority of adult Aboriginals living in each of 2 or more Aboriginal Council areas:

(i)

is in favour of the amalgamation of those areas to form 1 Aboriginal Council area and the establishment of an Aboriginal Council for that area;

(ii)

is agreed on the functions to be performed by the proposed Aboriginal Council; and

(iii)

is agreed on an appropriate name for the proposed Aboriginal Council area;

(b)

that the proposed Aboriginal Council area is an appropriate area for the operation of an Aboriginal Council having the functions proposed; and

(c)

that, having regard to the needs and resources of the Aboriginals living in the proposed Aboriginal Council area, the proposed Aboriginal Council could effectively perform the proposed functions;

the Registrar may make a recommendation to the Minister that effect be given to the views of those majorities.

(2)

Where a recommendation is made to the Minister under subsection (1), the Minister, if he or she is satisfied that it is proper so to do, may, by notice published in the Gazette, constitute the proposed Aboriginal Council area as an Aboriginal Council area under the name specified in the recommendation.

(3)

By force of this subsection, on the publication of a notice under subsection (2):

(a)

the Aboriginal Council areas included in the newly constituted Aboriginal Council area cease to be constituted as Aboriginal Council areas and the Aboriginal Councils for those areas (in this section referred to as the former Councils) cease to exist;

(b)

all rights, property and assets that, immediately before the date of that publication, were vested in the former Councils are vested in the Aboriginal Council for the Aboriginal Council area constituted by the notice (in this section referred to as the new Council); and

(c)

the new Council becomes liable to pay and discharge all the duties, liabilities and obligations of the former Councils, being the duties, liabilities and obligations that existed immediately before that date.

(4)

Any agreement or instrument subsisting immediately before the date of publication of a notice under subsection (2) to which any of the former Councils was a party has effect, on and after that date, as if:

(a)

the new Council were substituted for that former Council as a party to the agreement or instrument; and

(b)

any reference in the agreement or instrument to that former Council were (except in relation to matters that occurred before that date) a reference to the new Council.

(5)

Where:

(a)

the title to an estate or interest in land held by any of the former Councils is, by virtue of subsection (3), vested in the new Council; and

(b)

that estate or interest is registered in the name of that former Council in the Register Book kept under a law relating to the transfer of land in force in the State or Territory in which the land is situated;

the Registrar may lodge with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory a certificate signed by the Registrar certifying that that estate or interest is so vested and the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of that estate or interest duly executed under the laws in force in the State or Territory.

The exercise of the powers and the performance of the functions of an Aboriginal Council shall not be affected by reason only:

(a)

of there being a vacancy in the office of a councillor;

(b)

of there being a defect in the election of a councillor; or

(c)

of any person having acted in the office of councillor when disqualified from holding that office.

Subject to this Act and the Commonwealth Authorities and Companies Act 1997, an Aboriginal Council may do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, may:

(a)

raise or borrow moneys on such terms, and in such manner, as it thinks fit;

(b)

secure the repayment of moneys so raised or borrowed, or the payment of a debt or liability of the Council, by giving a mortgage, charge or other security upon or over all or any of the property of the Council;

(d)

receive and disburse moneys provided to it.

(1)

Subject to this Act, an Aboriginal Council may make by-laws, not inconsistent with any other law in force in the area of the Council, for purposes connected with its functions.

(2)

A by-law made under subsection (1) may fix a charge for a service provided or made available by the Council for Aboriginals living in the area of the Council, and may make provision with respect to the payment of that charge.

(3)

The amount of the charge referred to in subsection (2) may, if unpaid, be recovered by the Council by action in a court of competent jurisdiction from an Aboriginal to whom the service to which the charge relates has been provided or made available.

(4)

A by-law has no effect unless it has been approved by the Minister.

(5)

Where the Minister approves any by-laws, he or she shall:

(a)

cause the by-laws to be notified in the Gazette; and

(b)

cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of the Minister's approval.

(6)

By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.

(7)

If a copy of any by-laws is not laid before each House of the Parliament in accordance with subsection (5), the by-laws shall be void and of no effect.

(7A)

Where a copy of any by-laws has been laid before a House of the Parliament in accordance with subsection (5) of this section, the provisions of section 48 (other than subsections (1), (2) and (3)) and sections 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.

(8)

The Registrar shall use his or her best endeavours to ensure that the by-laws of an Aboriginal Council are made known to adult Aboriginals in the area of the Aboriginal Council.

(9)

A by-law does not apply in relation to a person who is not an Aboriginal.

(10)

The by-laws may provide that any contravention of a by-law is an offence punishable, upon conviction, by a fine not exceeding $20.

(11)

In proceedings for an offence referred to in subsection (10) it is a defence if the by-law to which the offence relates had not been brought to the attention of the person charged.

Note: A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).

The moneys of an Aboriginal Council shall be applied only:

(a)

in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Council in the performance of its functions, or the exercise of its powers, under this Act;

(b)

in the payment of any allowances payable to councillors under this Act; and

(c)

in the making of other payments authorized by this Act.

A councillor is entitled to be paid such allowances with respect to his or her expenses as a councillor as are provided for by the Rules of the Aboriginal Council.

(1)

An Aboriginal Council may request the Registrar to alter the functions of the Council in the manner specified in the request.

(2)

Where the Registrar is satisfied, with respect to a request under subsection (1):

(a)

that a substantial majority of adult Aboriginals living in the area of the Aboriginal Council is in favour of the alteration specified in the request;

(b)

that, having regard to the needs and resources of the Aboriginals living in that area, the Council could effectively perform the functions as proposed to be altered in accordance with the request; and

(c)

that the functions as proposed to be altered in accordance with the request include at least 1 function in the nature of the provision of a service to the Aboriginals living in that area;

the Registrar shall, by notice published in the Gazette, alter the functions of the Council in accordance with the request.

(3)

An alteration of the functions of an Aboriginal Council under subsection (2) takes effect on the date of publication of the notice.

(4)

Where the Registrar is not satisfied as required by subsection (2) with respect to a request under subsection (1), he or she shall refuse the request and shall notify the Aboriginal Council, in writing, accordingly.

(5)

Where the Registrar refuses to alter the functions of an Aboriginal Council in accordance with a request under subsection (1), the Council may request the Minister to alter the functions of the Council in the manner specified in the request.

(6)

Where the Minister, having regard to the matters specified in paragraphs (2)(a), (b) and (c), is satisfied that the request should be complied with, he or she shall, by notice published in the Gazette, alter the functions of the relevant Aboriginal Council in accordance with the request.

(7)

An alteration of the functions of an Aboriginal Council under subsection (6) takes effect on the date of publication of the notice.

(8)

Where the Minister is not satisfied that the request should be complied with, he or she shall refuse the request and shall notify the Aboriginal Council in writing, accordingly.

An alteration of the functions of an Aboriginal Council does not affect any right, liability or obligation of the Council or of any person, or any legal proceeding existing or pending immediately before the alteration took place.

(1)

Where an Aboriginal Council alters the Rules of the Council the public officer of the Council shall, within 6 weeks after the making of the alteration, file with the Registrar a copy of the alteration.

Penalty: $50.

(1A)

Subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2)

The Registrar shall consider an alteration filed under subsection (1) and shall:

(a)

if the Registrar is satisfied that the Rules of the Aboriginal Council as proposed to be altered are not inconsistent with this Act, the regulations or the Commonwealth Authorities and Companies Act 1997—approve the alteration; or

(b)

if the Registrar is not so satisfied—refuse to approve the alteration.

(3)

The Registrar shall notify the public officer of the Aboriginal Council, in writing, of his or her approval or refusal of approval of an alteration filed by the public officer under subsection (1).

(4)

An alteration referred to in subsection (1) does not take effect unless and until approved by the Registrar under subsection (2).

(1)

An Aboriginal Council shall, within 3 weeks after the first meeting of the Council, appoint a person to be the public officer of the Council and determine an official address for the person from time to time holding the office and, if that office at any time becomes vacant, shall, within 3 weeks after it becomes vacant, appoint a person to fill that vacancy.

(2)

The public officer of an Aboriginal Council holds office during the pleasure of the Council.

(3)

The public officer of an Aboriginal Council may resign his or her office by signed writing delivered to the Chair of the Council but the resignation does not have effect until it is accepted by the Chair of the Council.

(4)

An Aboriginal Council shall terminate the appointment of the public officer of the Council if the officer becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or compounds with the officer's creditors.

(5)

Where the Registrar considers that the place of the official address of the public officer of an Aboriginal Council is not an appropriate place for the performance of the duties of the public officer under this Act, the Registrar may direct the Council to determine another official address and to notify the Registrar of the address so determined and the Council shall obey that direction.

(1)

An Aboriginal Council shall, within 3 weeks after the appointment of a public officer, serve on the Registrar a notice in writing setting out the full name and official address of the public officer.

(2)

Where an Aboriginal Council changes the official address of its public officer, it shall, within 3 weeks after the change, serve on the Registrar a notice in writing of the change.

(1)

The members of an Aboriginal Council must give the Registrar a copy of the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997. The copy must be given to the Registrar as soon as practicable after the report is given to the Minister, and must not be given to the Registrar later than 31 December in the next financial year.

(5)

The Council must:

(a)

if so required by the Registrar, make the accounting records of the Council available for inspection by the Registrar at a reasonable time; and

(b)

make a copy of the Council's report and the examiner's report available for inspection at all reasonable times by adult Aboriginals in the area concerned.

(7)

If the Council fails to comply with a provision of this section, each councillor is guilty of an offence punishable, on conviction, by a fine not exceeding $200.

(8)

Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(9)

Subsection (7) does not apply if:

(a)

the Council has a reasonable excuse; or

(b)

the councillor did not know that the Council had failed to comply with a provision of this section.

Note: A defendant bears an evidential burden in relation to the matters in subsection (9) (see subsection 13.3(3) of the Criminal Code).

(1)

The Registrar may, at any time, cause a person authorised by the Registrar for the purposes of this section to examine the documents of an Aboriginal Council and to report to the Registrar on the results of that examination, drawing attention to any irregularity in the operations or financial affairs of the Council disclosed by that examination.

(2)

The authorised person is entitled at all reasonable times to full and free access to the documents of the Council.

(3)

The authorised person may make copies, or take extracts from, any such documents.

(4)

The authorised person may require any person to answer such questions, and produce such documents in the possession of the person, or to which the person has access, as the authorised person considers necessary for the purposes of this section.

(5)

A person who fails to comply with a requirement under subsection (4) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

(6)

Subsection (5) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(6A)

Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the Criminal Code).

(7)

A person is not excused from answering a question or producing a document when required to do so under subsection (4) on the ground that the answer to the question, or the production of the document, might tend to incriminate the person or make the person liable to a penalty, but the answer, the production of the document, or anything obtained as a direct or indirect consequence of the answer or the production, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against this section.

(8)

Before exercising powers under this section, the authorised person must produce written authority by the Registrar. If he or she fails to do so he or she has no powers under this section.

(9)

In this section: