Commonwealth Numbered Acts

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 26

26. (1) Where the Registrar is satisfied-

   (a)  that a substantial majority of adult Aboriginals living in an area (in
this section referred to as ''the additional area'') is in favour of the
addition of that area to the area (in this section referred to as ''the
original area'') of an Aboriginal Council;

   (b)  that a substantial majority of adult Aboriginals living in
        the original area is in favour of the addition of the additional area
        to the original area;

   (c)  that, having regard to the needs and resources of Aboriginals living
        in both areas, the Aboriginal Council for the original area could
        effectively carry out its functions with respect to both areas; and

   (d)  where the additional area consists of or includes a part of the area
        of another Aboriginal Council-that, having regard to the needs and
        resources of Aboriginals living in the remaining part of the area of
        that other Aboriginal Council, that other Aboriginal Council could
        effectively carry out its functions in that remaining part, the
        Registrar may make a recommendation to the Minister that
        the additional area be added to the original area.

(2) Where the additional area that, in accordance with a recommendation under
sub-section (1), is to be added to the area of an Aboriginal Council (in
this section referred to as ''the first Council'') consists of or includes a
part of the area of another Aboriginal Council (in this section referred to as
''the second Council''), the Minister shall consult with the second Council
and with any creditors of the second Council whose rights against it may be
prejudiced if the recommendation is given effect to and may enter into-

   (a)  such agreements with the second Council with respect to the transfer
        to the first Council of assets of the second Council; and

   (b)  such agreements with the creditors of the second Council with respect
        to the transfer to the first Council of liabilities of
        the second Council to its creditors, as the Minister thinks are
        required to ensure that, if the recommendation is given effect to-

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

   (d)  the first Council will be able effectively to carry out its functions
        with respect to both the original area and the additional area,
        regarded as one area; and

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

(3) Where-

   (a)  the Minister approves a recommendation made under sub- section (1);
        and

   (b)  where the additional area to which the recommendation relates is an
        area referred to in sub-section (2)-the Minister has entered into
        agreements under that sub-section or is otherwise satisfied that, if
        the recommendation is given effect to, the first Council and
        the second Council will be able to carry out their respective
        functions in their respective areas and that the rights of creditors
        of the second Council will not be prejudiced, the Minister shall, by
        notice published in the Gazette, re-define the boundaries of
        the original area so as to add to it the additional area.

(4) By force of this sub-section, upon the publication of a notice under
sub-section (3) redefining the area of an Aboriginal Council-

   (a)  any part of the area of another Aboriginal Council that is included in
        the redefined area of the first-mentioned Aboriginal Council ceases to
        be part of the area of that other Aboriginal Council;

   (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 the publication of the notice and become vested in
        the first-mentioned Aboriginal Council; 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
        first-mentioned Aboriginal Council becomes liable to pay and discharge
        those liabilities.

(5) This section does not apply in circumstances where the area to be added to
the area of an Aboriginal Council consists of or includes the whole of an
existing Aboriginal Council area.