Commonwealth Numbered Acts

ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 No. 186 of 1976 - SECT 45

45. (1) Subject to this section, the Registrar, upon receipt of an application
under section 43 for the incorporation of an Aboriginal association shall-

   (a)  if he is satisfied that it is proper for him so to do, issue to the
        association a certificate of incorporation; or

   (b)  if he is not satisfied, refuse to issue a certificate of incorporation
        and inform the association, in writing, of his refusal and of the
        reasons for his refusal.

(2) Except as otherwise directed by the Minister, the Registrar shall refuse
to issue a certificate of incorporation under this Act to an Aboriginal
association if the proposed name of the association is an unauthorized name.

(3) The Registrar shall refuse to issue a certificate of incorporation under
this Act to an Aboriginal association if he is satisfied that the Rules
referred to in sub-section 43 (2) are unreasonable or inequitable.

(4) Where the Registrar refuses to issue a certificate of incorporation to an
Aboriginal association, he shall-

   (a)  notify the association, in writing, of his refusal;

   (b)  set out in the notification the reason for his refusal; and

   (c)  invite the committee of the association to make such changes in the
        application for incorporation or in the Rules accompanying the
        application for incorporation as will remove the grounds for refusal
        of the application and advise the Registrar, within the time specified
        in the notification, of any changes so made.

(5) Where the Registrar is notified, in accordance with sub-section (4), of
changes made in an application for incorporation or in the Rules accompanying
an application for incorporation, he shall reconsider the application under
sub-section (1).