Document ID: chunk:federal_register_of_legislation:C2004A04480:body:0:p6
Version: federal_register_of_legislation:C2004A04480
Segment Type: other
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Character Range: 12637–15379

Committee to give him or her an updated list of the names and addresses of all the persons who are members of the Association, and the Committee must comply with the request within 14 days or such other period as the Registrar specifies.

     "(5) If the Governing Committee fails, without reasonable excuse, to comply with subsections (3) and (4), each member of the Committee is guilty of an offence punishable, on conviction, by a fine not exceeding $200.

     "(6) In a prosecution of a person for an offence against subsection (5) arising out of a contravention of subsections (3) and (4), it is a defence if the person proves that the person:

         (a)     did not aid, abet, counsel or procure the contravention; and

         (b)     was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention.".

13. After section 58 of the Principal Act the following sections are inserted:

Arbitration by Registrar

"58A.(1) Disputes between members of an Incorporated Aboriginal Association or between such an Association and its members may be settled by arbitration in accordance with this section.

"(2) On application by the parties to a dispute between members of the Association, the Registrar may arbitrate in the dispute.

"(3) Upon application or otherwise, the Registrar may arbitrate in a dispute between the Association and one or more of its members.

"(4) An arbitration may be conducted by the Registrar or by a person appointed by the Registrar for the purpose.

"(5) A person conducting an arbitration is not subject to any action, claim or demand by, or liable to, any person in respect of anything done, or omitted to be done, in good faith in connection with the arbitration.

"(6) An arbitration must be conducted in accordance with the regulations.

"(7) The fact that a dispute is being, or has been, settled by arbitration under this section does not prevent a party to the dispute from bringing an action in a court in connection with the dispute, unless the court orders otherwise.

General and special meetings

"58B.(1) Subject to this section, the Governing Committee of an Incorporated Aboriginal Association is to call and conduct annual general meetings and special general meetings of the Association as provided in the Rules.

"(2) An aggrieved member may at any time request the Committee to call a special general meeting. The Committee must do so unless, on application by the Committee, the Registrar considers the request to be frivolous, unreasonable or contrary to the interests of the members of the Association.

"(3) The Registrar may call a special general meeting if the Committee has advertised it for a particular day but it has not