Commonwealth Numbered Acts

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 27

27. (1) Where the Registrar is satisfied-

   (a)  that a substantial majority of adult Aboriginals living in each of 2
        or more Aboriginal Council areas-

        (i)    is in favour of the amalgamation of those areas to form 1
               Aboriginal Council area and the establishment of an
               Aboriginal Council for that area;

        (ii)   is agreed on the functions to be performed by the proposed
               Aboriginal Council; and

        (iii)  is agreed on an appropriate name for the proposed Aboriginal
               Council area;

   (b)  that the proposed Aboriginal Council area is an appropriate area for
        the operation of an Aboriginal Council having the functions proposed;
        and

   (c)  that, having regard to the needs and resources of the Aboriginals
        living in the proposed Aboriginal Council area, the proposed
        Aboriginal Council could effectively perform the proposed functions,
        the Registrar may make a recommendation to the Minister that effect be
        given to the views of those majorities.

(2) Where a recommendation is made to the Minister under sub-section (1), the
Minister, if he is satisfied that it is proper so to do, may, by notice
published in the Gazette, constitute the proposed Aboriginal Council area as
an Aboriginal Council area under the name specified in the recommendation.

(3) By force of this sub-section, on the publication of a notice under
sub-section (2)-

   (a)  the Aboriginal Council areas included in the newly constituted
        Aboriginal Council area cease to be constituted as Aboriginal Council
        areas and the Aboriginal Councils for those areas (in this section
        referred to as
''the former Councils'') cease to exist;

   (b)  all rights, property and assets that, immediately before the date of
        that publication, were vested in the former Councils are vested in the
        Aboriginal Council for the Aboriginal Council area constituted by the
        notice
(in this section referred to as ''the new Council''); and

   (c)  the new Council becomes liable to pay and discharge all the duties,
        liabilities and obligations of the former Councils, being the duties,
        liabilities and obligations that existed immediately before that date.

(4) Any agreement or instrument subsisting immediately before the date of
publication of a notice under sub-section (2) to which any of the former
Councils was a party has effect, on and after that date, as if-

   (a)  the new Council were substituted for that former Council as a party to
        the agreement or instrument; and

   (b)  any reference in the agreement or instrument to that former Council
        were (except in relation to matters that occurred before that date) a
        reference to the new Council.

(5) Where-

   (a)  the title to an estate or interest in land held by any of the former
        Councils is, by virtue of sub-section (3), vested in the new Council;
        and

   (b)  that estate or interest is registered in the name of that former
        Council in the Register Book kept under a law relating to the transfer
        of land in force in the State or Territory in which the land is
        situated, the Registrar or other proper officer keeping the Register
        Book may make such alterations to the entry in the Register Book with
        respect to that estate or interest as will record the vesting of that
        estate or interest, by virtue of sub-section (3), in the new Council.