Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p12
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 27848–30800

(c)     in the case of an Incorporated Aboriginal Association—the members of the Governing Committee have acted in the affairs of the Association in their own interests rather than in the interests of the members of the Association or otherwise in a way that appears to be unfair or unjust to members of the Association;

    (d)     in the case of an Incorporated Aboriginal Association—the appointment of an Administrator is required in the interests of members and creditors of the Association;

    (e)     in the case of an Aboriginal Council—the appointment of an Administrator is required in the interests of adult Aboriginals in the Council area;

    (f)      the appointment of an Administrator is otherwise required in the public interest.

"(3) The Registrar must not appoint an Administrator without the prior approval of the Minister.

Notice of appointment

"72. As soon as practicable after the appointment of an Administrator, the Registrar must publish notice of the appointment, and the period of the appointment, in the Gazette and in a newspaper (if any) circulating in the area where the official address of the public officer of the corporation is situated.

Vacation of offices

  "73. On the appointment of the Administrator:

    (a)     the office of the public officer of the corporation becomes vacant; and

    (b)     if the corporation is an Aboriginal Council—all offices of the councillors constituting the Council become vacant; and

    (c)     if the corporation is an Incorporated Aboriginal Association— all offices of the members of the Governing Committee of the Association become vacant.

Remuneration of Administrator

"74.(1) The Administrator is to receive such remuneration (if any) as the Registrar determines.

"(2) The Registrar may direct how and by whom the remuneration, charges and expenses of the Administrator are to be borne and may, if the Registrar thinks fit, charge the remuneration, charges and expenses on the property of the corporation in such order of priority in relation to any existing charges on that property as the Registrar thinks fit.

General powers of Administrator

"75. The Administrator is responsible for the conduct of the affairs of the corporation and in addition has the functions and duties of the public officer.

Administrator may cancel or vary contracts of employment

"76.(1) The Administrator may cancel or vary (either unconditionally or subject to such conditions as the Administrator thinks just) any contract or agreement between the corporation and any other person that relates to employment of any person by the corporation.

"(2) Before cancelling or varying a contract, the Administrator must:

     (a)     give such persons as the Administrator thinks appropriate (having regard to the principles of natural justice) a reasonable opportunity to make representations to the Administrator either orally or in writing; and

   (b)     give due regard to