Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p4
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 7488–10400

for incorporation

8. Section 43 of the Principal Act is amended by inserting after paragraph (3)(e) the following paragraph:

     "(ea) the matters for which the Rules are to provide under section 58A in relation to meetings of the association;".

Registrar may issue certificate of incorporation

9. Section 45 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:

"(3) The Registrar must refuse to issue a certificate of incorporation to an Aboriginal association if satisfied that the Rules:

  (a)     are unreasonable or inequitable; or

    (b)     do not make sufficient provision (as required by section 58B) to give the members effective control over the running of the association.

"(3A) The Registrar must refuse to issue a certificate of incorporation to an Aboriginal association unless satisfied that:

     (a)     if the association is formed wholly for business purposes—upon incorporation, it will have at least 5 members; or

     (b)     if it is formed principally for the purpose of owning land or holding a leasehold interest in land—upon incorporation, it will have at least 5 members; or

     (c)     in any other case—upon incorporation, it will have at least 25 members.".

Rules of Incorporated Aboriginal Associations

10. Section 47 of the Principal Act is amended by adding at the end the following subsection:

"(2) The Rules of an Incorporated Aboriginal Association as in force from time to time have the effect of a contract:

   (a)     between the Association and each member; and

   (b)     between the Association and the public officer; and

     (c)     between the Association and each member of the Governing Committee; and

   (d)     between each member and each other member.".

11. After section 49A of the Principal Act the following sections are inserted:

Disqualification from membership of Governing Committee

"49B.(1) A person cannot be elected, or hold office, as a member of the Governing Committee of an Incorporated Aboriginal Association if he or she has been convicted of an offence against a Commonwealth, State or Territory law and sentenced:

    (a)     if the offence involved fraud or misappropriation of funds—to imprisonment for 3 months or longer; or

  (b)     in any other case—to imprisonment for one year or longer.

"(2) The conviction does not prevent the person from standing for election, or being elected, if:

    (a)     at least 5 years have elapsed since the date of the conviction; and

  (b)     the person is not serving a term of imprisonment.

"(3) The Registrar may declare in writing that subsection (1) does not apply to a particular person in relation to a particular conviction.

  "(4) If:

    (a) a person requests the Registrar to make a declaration under subsection (3) in relation to the person in relation to a particular conviction; and

  (b) the Registrar