Commonwealth Numbered Acts

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 40

40. (1) Where-

   (a)  an Aboriginal Council fails to carry out its obligations under section
        38; or

   (b)  a report filed under sub-section 38 (4) or a report furnished under
        sub-section 39 (1) draws attention to any irregularity in the
        financial affairs of an Aboriginal Council, the Registrar may, by
        notice served on the public officer of the Council, request the
        Council to furnish to the Registrar, within the time specified in the
        notice, an explanation, in writing, why the Council has failed to
        carry out those obligations or why that irregularity has occurred, as
        the case may be.

(2) Where the Registrar considers that an explanation furnished by an
Aboriginal Council under sub-section (1) is satisfactory, he may, by notice
served on the public officer of the Council, require the Council to take such
action as is specified in the notice within the period specified in the
notice, being action designed to remedy the matter the subject of the
explanation by the Council.

(3) Where-

   (a)  an Aboriginal Council fails to furnish an explanation in accordance
        with sub-section (1);

   (b)  the Registrar considers that an explanation furnished by an Aboriginal
        Council under sub-section (1) is not satisfactory; or

   (c)  an Aboriginal Council fails to comply with a requirement served under
        sub-section (2), the Registrar-

   (d)  may, by notice published in the Gazette, declare the offices of the
        councillors of the Council to be vacant; or

   (e)  may commence an investigation under section 68 into the conduct of the
        affairs of the Council.

(4) Where an Aboriginal Council fails to carry out its obligations under
section 36 or 37, the Registrar may, by notice published in the Gazette,
declare the offices of the Councillors to be vacant.

(5) Where the offices of the councillors of an Aboriginal Council are declared
to be vacant under this section, the Registrar shall proceed to conduct a
fresh election in accordance with section 21.

(6) Section 22 does not apply in relation to an election conducted by virtue
of sub-section (5).