Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_28a
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 28A
Character Range: 58741–60774

28A  Delegation of a Land Council's functions or powers to body corporate

Application

 (1) A body corporate incorporated under the Aboriginal Councils and Associations Act 1976 may, in writing, apply to a Land Council to have the Council delegate to the body some or all of the Council's functions or powers that are delegable to the body if a majority of the members of the body are either:
 (a) the traditional Aboriginal owners of land in the part of the area of the Council mentioned in paragraph (2)(b); or
 (b) Aboriginals who live in that part.

Note: Section 28 sets out which of the Council's functions or powers are delegable to the body.

 (2) An application must:
 (a) set out whether the body wants the Council to delegate to the body:
 (i) all of the delegable functions or powers; or
 (ii) specified delegable functions or powers; or
 (iii) specified delegable functions or powers in relation to specified matters; and
 (b) set out the part of the area of the Council in respect of which the body is seeking to perform those functions or exercise those powers; and
 (c) contain any other information prescribed by the regulations.

Decision

 (3) The Council must make the delegation under section 28 or refuse to make the delegation.

Refusal

 (4) If the Council refuses to make the delegation:
 (a) it must give the body written notice of the refusal including reasons for the refusal; and
 (b) it must give the Minister a copy of the notice.

Note: The body may seek the Minister's agreement to the delegation: see section 28C.

Deemed refusal

 (5) If the Council has neither made nor refused to make the delegation within the period worked out in accordance with the regulations, or such longer period as is agreed by the Minister, the Council is taken, at the end of that period, to have refused to make the delegation.

Note: The body may seek the Minister's agreement to the delegation: see section 28C.

 (6) The Council must give the body written notice of any longer period agreed by the Minister.