Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p2
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 2564–5254

agreement with those accounts and records; and

    (b) to give the Council a report ('examiner's report') of the results of that examination, drawing attention to any irregularity that it has disclosed.

"(4) The Council must file with the Registrar a copy of the Council's report and the examiner's report as soon as practicable after receiving the latter and in any case not later than 31 December after the end of the relevant financial year.

  "(5) The Council must:

    (a)     if so required by the Registrar, make the accounts and 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.

"(6) If the Council is established at any time in April, May or June in a financial year:

    (a)     this section applies as if the reference in subsection (2) to 30 June were a reference to the 30 June ending the next financial year; and

    (b)     the period from the date of establishment to that 30 June is to be treated as a financial year.

"(7) If the Council fails, without reasonable excuse, 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) In a prosecution of a person for an offence against subsection (7) arising out of a contravention of a provision of this section, it is a defence if the person proves that he or she:

  (a)     did not aid, abet, counsel or procure the contravention; and

    (b)     was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention.".

6. Section 39 of the Principal Act is repealed and the following section is substituted:

Examination of documents

"39.(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