ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 17 Constitution of Aboriginal Council area in accordance with direction of Minister.

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 17

17. (1) Subject to sub-section (3), where an application is referred to the
Minister under section 16, the Minister may, having regard to the customs and
wishes of the adult Aboriginals living in the area to which the application
relates or in a part of that area, direct the Registrar to constitute that
area or that part as an Aboriginal Council area and, if he does so, he shall
specify-

   (a)  the boundaries of the area to be so constituted;

   (b)  the name under which the area is to be so constituted; and

   (c)  the functions of the proposed Aboriginal Council for the area.

(2) Where an application referred to the Minister under section 16 relates to
an area that consists of, or includes, part of an existing Aboriginal Council
area, the Minister shall consult with any Aboriginal Council that may be
affected by the granting of the application (in this section referred to as
''the existing Council'') and with any creditors of the existing Council whose
rights against it may be prejudiced by the granting of the application and may
enter into-

   (a)  such agreements with the existing Council with respect to the transfer
        to the Council for the Aboriginal Council area proposed to be
        constituted (in
this section referred to as ''the new Council'') of assets of the existing
Council; and

   (b)  such agreements with the creditors of the existing Council with
        respect to the transfer to the new Council of liabilities of
        the existing Council to its creditors, as the Minister considers are
        required to ensure that, if the application is granted-

   (c)  the existing Council will be able effectively to carry out its
        functions with respect to the area that will remain to it;

   (d)  the new Council will be able effectively to carry out its functions
        with respect to the area constituted in pursuance of the application;
        and

   (e)  the rights of those first-mentioned creditors will not be so
        prejudiced.

(3) The Minister shall not give a direction under sub-section (1) with respect
to an application to which sub-section (2) applies unless he has entered into
agreements under sub-section (2) or is otherwise satisfied that, if the
application is granted, the existing Council and the new Council will be able
to carry out their respective functions in their respective areas and that the
rights of creditors of the existing Council will not be prejudiced.

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

(5) Where the Registrar receives a direction under sub-section (1), he shall,
by notice published in the Gazette, constitute the area to which the direction
relates as an Aboriginal Council area under the name specified in the
direction.

(6) A notice under sub-section (5) shall specify the boundaries of the
Aboriginal Council area.

(7) By force of this sub-section, upon the publication of a notice under
sub-section (5) constituting an Aboriginal Council area-

   (a)  any part of the area thus constituted that was, immediately before
        being so constituted, part of an existing Aboriginal Council area,
        ceases to be part of that last-mentioned area;

   (b)  any assets the subject of agreements under paragraph (2) (a) cease to
        be vested in the Aboriginal Council in which they were vested
        immediately before publication of the notice and become vested in the
        Aboriginal Council that is, in accordance with section 19, established
        by this Act for the area so constituted; and

   (c)  an Aboriginal Council that was, immediately before the publication of
        the notice, liable to pay and discharge any liabilities the subject of
        agreements under paragraph (2) (b) ceases to be so liable and the
        Aboriginal Council that is, in accordance with section 19, established
        by this Act for the area constituted under sub-section (5) becomes
        liable to pay and discharge those liabilities.