Commonwealth Numbered Acts

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ABORIGINAL COUNCILS AND ASSOCIATIONS AMENDMENT ACT 1992 No. 189 of 1992 - SECT 9

Registrar may issue certificate of incorporation
9. Section 45 of the Principal Act is amended by omitting subsection (3) and
substituting the following subsections:

"(3) The Registrar must refuse to issue a certificate of incorporation to an
Aboriginal association if satisfied that the Rules:

   (a)  are unreasonable or inequitable; or

   (b)  do not make sufficient provision (as required by section 58B) to give
        the members effective control over the running of the association.

"(3A) The Registrar must refuse to issue a certificate of incorporation to an
Aboriginal association unless satisfied that:

   (a)  if the association is formed wholly for business purposes-upon
        incorporation, it will have at least 5 members; or

   (b)  if it is formed principally for the purpose of owning land or holding
        a leasehold interest in land-upon incorporation, it will have at least
        5 members; or

   (c)  in any other case-upon incorporation, it will have at least 25
        members.". 


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