Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p10
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 22704–25527

with a provision of this Act, the regulations or the Rules; or

    (b)    there has been an irregularity in the financial affairs of an Incorporated Aboriginal Association;

the Registrar may, by notice served on the public officer, require the Governing Committee to take the action specified in the notice within the period specified in the notice, for the purpose of complying with the Act, the regulations or the Rules or remedying the irregularity, as the case may be.

"(2) The Registrar is not required to take action under this section before taking any other action under this Act.".

17. Section 61 of the Principal Act is repealed and the following section is substituted:

Registrar may apply for injunctions

"61.(1) If the Registrar is of the opinion that the Governing Committee of an Incorporated Aboriginal Association is not complying with a provision of this Act, the regulations or the Rules of the Association, the Registrar may serve on the members of the Committee a notice in writing calling upon the Committee to show cause, within a reasonable period specified in the notice, why the Registrar should not apply to the Court for an injunction.

"(2) After that period, and having considered any representations made by the Committee, the Registrar may apply to the Court for an injunction.

"(3) The Court may grant an injunction requiring a member, or the members, of the Committee not to contravene, or to cease contravening, a provision of this Act, the regulations or the Rules.".

18. After section 62 of the Principal Act the following section is inserted:

Registrar may petition for winding up

"62A. The Registrar may petition the Court that an Incorporated Aboriginal Association be wound up, if:

    (a)     an Administrator appointed under section 71 recommends the winding up; or

  (b)     the Registrar is of the opinion that the winding up would be in

     the public interest or in the interests of the members of the Association.".

Winding up by Court

  19. Section 63 of the Principal Act is amended:

   (a)     by omitting paragraph (2)(f);

   (b)    by omitting subsection (5).

Heading to Part V

20.     The heading to Part V of the Principal Act is amended by omitting "JUDICIAL MANAGEMENT" and substituting "ADMINISTRATION".

21.     Section 68 of the Principal Act is repealed and the following section is substituted:

Investigation by Registrar

"68.(1) The Registrar may investigate the affairs of an Aboriginal corporation if the Registrar suspects on reasonable grounds that:

     (a)     the corporation has failed to comply with a provision of this Act, the regulations or the Rules of the corporation; or

     (b)     there has been an irregularity in the corporation's financial affairs.

"(2) For the purposes of the investigation, the Registrar may, by