Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203ag:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203AG (pt 1/2)
Character Range: 415058–417781

203AG  Reduction of areas

Grounds for reducing the areas of representative bodies

 (1) The Commonwealth Minister may, by written instrument, reduce the area for which a body is the representative body by excising a specified part of the area if satisfied that:
 (a) the body is not satisfactorily representing native title holders or persons who may hold native title in that part of the area; or
 (b) the body is not consulting effectively with Aboriginal peoples and Torres Strait Islanders living in that part of the area; or
 (c) the body is not satisfactorily performing its functions in relation to that part of the area.

Effect on remainder of areas

 (2) The Commonwealth Minister must not so reduce the area unless satisfied that, after the reduction, the body:
 (a) will satisfactorily represent native title holders or persons who may hold native title in the remainder of the area; and
 (b) will be able to consult effectively with Aboriginal peoples and Torres Strait Islanders living in the remainder of the area; and
 (c) will satisfactorily perform its functions in relation to the remainder of the area.

Notice that reduction of area is being considered

 (3) At least 90 days before deciding to reduce the area, the Commonwealth Minister must notify the body that the reduction is being considered. The notice must be in writing and must:
 (a) state the reasons why the Minister is considering reducing the area; and
 (b) invite the body to make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the area should be reduced.
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 reduce the area, 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 matters that the Commonwealth Minister may take into account in deciding whether to reduce the area.

Consideration of submissions

 (6) In deciding whether to reduce the area, the Commonwealth Minister must consider any submissions made by the body within the period referred to in