Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203ah:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AH (pt 1/2)
Character Range: 418059–420860

203AH  Withdrawal of recognition

Mandatory grounds for withdrawing recognition

 (1) The Commonwealth Minister must, by written instrument, withdraw the recognition of a body as the representative body for an area if:
 (a) the body has ceased to exist; or
 (b) the body makes a written request to the Commonwealth Minister for the recognition to be withdrawn.
However, paragraph (b) only applies if the request was authorised by a meeting of the body open to all its members and convened and conducted in accordance with the procedures governing the convening and conduct of such meetings by the body. The body must include in its request to the Commonwealth Minister evidence that the request was so authorised.

Discretionary grounds for withdrawing recognition

 (2) The Commonwealth Minister may, by written instrument, withdraw the recognition of a body as the representative body for an area if satisfied that:
 (a) the body:
 (i) is not satisfactorily representing the native title holders or persons who may hold native title in the area; or
 (ii) is not consulting effectively with Aboriginal peoples and Torres Strait Islanders living in the area; or
 (iii) is not satisfactorily performing its functions; and
 (b) the body is unlikely to take steps to ensure that, within a reasonable period, none of subparagraphs (a)(i), (ii) and (iii) apply in relation to the body.

Notice that withdrawal of recognition is being considered

 (3) At least 90 days before deciding to withdraw the recognition under subsection (2), the Commonwealth Minister must notify the body that withdrawal of the recognition is being considered. The notice must be in writing and must:
 (a) state the reasons why the Minister is considering withdrawal of the recognition; and
 (b) invite the body to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the recognition should be withdrawn.
The period specified must not begin before the day on which the notice was given, and must be a period of at least 90 days.

Consideration of reports etc.

 (4) In deciding whether to withdraw the recognition under subsection (2), the Commonwealth Minister may consider the following:
 (a) any reports under section 203DF of audits or investigations of the body;
 (b) any reports under section 76 of the Aboriginal and Torres Strait Islander Commission Act 1989 in relation to a grant made to the body under section 203C or 203FE of this Act;
 (c) any notices that ATSIC has given to the Minister under section 203F in relation to the body;
 (d) any information or documents that ATSIC has given to the Minister under section 203FA in relation to the body.

Commonwealth Minister's consideration of other matters unaffected

 (5) Subsection (4) does not limit any other