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Aboriginal Councils and Associations
Amendment Act 1992

No. 189 of 1992

                   An Act to amend the Aboriginal Councils and Associations Act 1976

[Assented to 18 December 1992]

  The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Aboriginal Councils and Associations Amendment Act 1992.

(2) In this Act, "Principal Act" means the Aboriginal Councils and Associations Act 19761.

Commencement

2.(1) Apart from section 13, this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsection (3), section 13 commences on a day to be fixed by Proclamation.

(3) If section 13 does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Functions and powers of Registrar

3. Section 5 of the Principal Act is amended by omitting from paragraph (1)(c) "Aboriginal corporation" and substituting "Aboriginal Council".

Delegation by Registrar

4. Section 9 of the Principal Act is amended by omitting from subsection (1) "Deputy Registrar" and substituting "person".

Accounts, records and financial statements

5. Section 38 of the Principal Act is amended by omitting subsections (2), (3) and (4) and substituting the following subsections:

"(2) The Council must, as soon as practicable after each 30 June, cause to be prepared a report ('Council's Report') consisting of:

    (a)     a statement, in a form approved by the Registrar, whether the Council has complied with the obligations imposed by this Act, the regulations and the Rules of the Council during the financial year ending on that date; and

    (b)     a balance sheet setting out the assets and liabilities of the Council as at that 30 June; and

    (c)     an income and expenditure statement giving a true and fair view of the income and expenditure of the Council for the financial year ending on that 30 June; and

    (d)     a copy of the latest list given to the Registrar under subsection 58(3) or (4).

"(3) As soon as practicable after the report has been prepared, the Council must cause a person authorised by the Registrar for the purposes of this section:

  (a) to examine:

         (i) whether the Council has complied with the obligations imposed by this Act, the regulations and the Rules of the Council; and

         (ii) whether the balance sheet and income and expenditure statement are based on proper accounts and records and are in agreement with those accounts and records; and

    (b) to give the Council a report ('examiner's report') of the results of that examination, drawing attention to any irregularity that it has disclosed.

"(4) The Council must file with the Registrar a