Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p10
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 21445–24337

Security, as the case requires.

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SCHEDULE 1 Section 3
AMENDMENTS OF ACTS
Aboriginal Councils and Associations Act 1976

Section 3 (paragraph (a) of the definition of "Aboriginal association")—
After "Aboriginals", insert "and spouses of Aboriginals".

Section 3 (definition of "disposable estate or interest")—
Omit the definition.

After the definition of "Registrar" in section 3—
Insert the following definition:
     "'spouse', in relation to an Aboriginal, includes a person who, although not legally married to the Aboriginal, is living with the Aboriginal as the Aboriginal's spouse on a permanent and bona fide domestic basis;".

Paragraph 19 (3 (c)—
Omit the paragraph, substitute the following paragraph:
"(c) may acquire, hold and dispose of real and personal property; and".

Paragraph 19 (3) (d)—
Omit the paragraph.

Paragraph 29 (b)—
Omit all the words after "over", substitute "all or any of the property of the Council;".

Paragraph 46 (1) (c)—
Omit the paragraph, substitute the following paragraph:
"(c) may acquire, hold and dispose of real and personal property; and".

Paragraph 46 (1) (d)—
Omit the paragraph.

Sub-section 49 (1)—
After "an Aboriginal" insert", or the spouse of an Aboriginal,".

After section 49—
Insert the following section:

Provision in rules for conferral of specified rights of membership on persons not entitled to become members
"49a. (1) Where more than 75% of the members of an Aboriginal association agree, the Rules referred to in sub-section 43 (2) may provide for the conferring of specified rights of membership of the association (other than the right to vote at meetings of the association and the right to stand for election to the Governing Committee of the association) on persons not entitled to become members of the association.
"(2) Where more than 75% of the members of an Incorporated Aboriginal Association agree, the Rules of the Association may, subject to section 54 and the requirements of the Rules relating to alteration of the Rules, be altered to provide for the conferring of specified

SCHEDULE 1—continued
rights of membership of the Association (other than the right to vote at meetings of the Association and the right to stand for election to the Governing Committee of the Association) on persons not entitled to become members of the Association.".

Paragraph 51 (b)—
Omit all the words after "over", substitute "all or any of the property of the Association".

After section 59—
Insert the following section:

Exemption from section 59 in certain circumstances
"59a. (1) Where the Registrar is satisfied that it would be impracticable for an Incorporated Aboriginal Association to comply with the requirements of section 59, or that the application of those requirements to an Incorporated Aboriginal Association would be unduly onerous, the Registrar may, by writing, exempt the Association, wholly