Commonwealth Numbered Acts

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 16

16. (1) Where-

   (a)  the Registrar is satisfied, with respect to an application under
        section 11-

        (i)    that a substantial majority of adult Aboriginals living in the
               area to which the application relates is in favour of the
               establishment of an Aboriginal Council for the area with the
               functions set out in the application; and

        (ii)   that, having regard to the needs and resources of the
               Aboriginals living in that area, the proposed Council could
               effectively perform those functions;

   (b)  the area to which the application relates does not consist of, or
        include, a part of an existing Aboriginal Council area; and

   (c)  the Registrar has agreed with the applicants on a name for the
        proposed Aboriginal Council area, the Registrar may, by notice
        published in the Gazette, constitute that area as an
        Aboriginal Council area under that name.

(2) A notice under sub-section (1) shall specify the boundaries of the
Aboriginal Council area.

(3) Before constituting an area under sub-section (1) as an Aboriginal Council
area, the Registrar shall take into account any proposal under a law of a
State or Territory for the extension to the area of local government.

(4) Where, by reason of the circumstances of an application under section 11,
the Registrar is of the view that he should not constitute the area to which
the application relates as an Aboriginal Council area under sub-section (1),
he shall refer the application to the Minister for his direction.
(5) Where a part (in this sub-section referred to as ''the prescribed part'')
of an area to which an application under section 11 relates consists of a part
of an existing Aboriginal Council area, the Registrar shall, before referring
the application to the Minister for his direction, endeavour to ascertain the
opinions of the adult Aboriginals living in the prescribed part regarding the
establishment of an Aboriginal Council for the area to which the application
relates or a part of that area that includes the prescribed part and the
functions to be conferred on such a Council.

(6) A reference under sub-section (4) shall be accompanied by-

   (a)  all relevant documents in the possession of the Registrar;

   (b)  a statement by the Registrar of the matters ascertained by him under
        sub-section 13 (2) and sub-section (5) of this section; and

   (c)  any comments on the application that the Registrar may wish to make.