Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p3
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
Provision Reference: 
Character Range: 5017–7747

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 who, without reasonable excuse, fails to comply with a requirement under subsection (4) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

"(6) A person who, in answer to a requirement under subsection (4), makes a statement knowing it to be false or misleading in a material particular is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,500.

"(7) A person is not excused from answering a question or producing a document when required to do so under subsection (4) on the ground that the answer to the question, or the production of the document, might tend to incriminate the person or make the person liable to a penalty, but the answer, the production of the document, or anything obtained as a direct or indirect consequence of the answer or the production, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against this section.

"(8) Before exercising powers under this section, the authorised person must produce written authority by the Registrar. If he or she fails to do so he or she has no powers under this section.

  "(9) In this section:

'document' means any document relating directly or indirectly to the operations of the Council, the receipt or payment of money by the Council or the acquisition, receipt, custody or disposal of assets by the Council.".

7. Section 40 of the Principal Act is repealed and the following section is substituted:

Registrar may require compliance with Act etc.

  "40.(1) If the Registrar suspects on reasonable grounds that:

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

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

the Registrar may, by notice served on the public officer, require the Council 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.".

Application 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