ABORIGINAL LAND RIGHTS ACT 1983 - SECT 174 Rectification of Register

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 174

174 Rectification of Register

(cf former section 49F)

(1) The Registrar may amend information on, remove information from or otherwise rectify the Register of Aboriginal Owners in accordance with this section.

(1A) The Registrar may amend information on, or remove information from, the Register of Aboriginal Owners if the Registrar considers the information is false, erroneous or misleading.

(1B) Before amending or removing information relating to an Aboriginal person under subsection (1A), the Registrar must give the Aboriginal person--

(a) written notice of the proposed change, and

(b) an opportunity to make submissions in relation to the proposed change.

(1C) The Registrar may rectify the Register of Aboriginal Owners at the request of an Aboriginal person who--

(a) considers the Aboriginal person's name has been wrongly entered on or omitted from the Register, or

(b) considers an amendment made by the Registrar under subsection (1A) is incorrect.

(2) An Aboriginal person who has made a request under subsection (1C) may appeal to the Court if the Registrar fails or refuses to rectify the Register in the manner requested within 6 months after the making of the request.

(3) On the hearing of an appeal under this section, the Court may--

(a) order the Registrar to rectify the Register, or

(b) decline to order that the Register be rectified, or

(c) make such other order as to the Court appears appropriate.

(4) An appeal is to be made within the time and in the manner provided by the rules of the Court.

(5) The Registrar has the right to appear and be heard by the Court in the appeal proceedings.

(6) In deciding an appeal, the Court--

(a) has the functions and discretions of the Registrar under this Part, and

(b) is not bound by the rules of evidence and may inform itself on any matter in any way that the Court considers to be just.

(7) A decision of the Court on an appeal is final and is to be given effect to as if it were the decision of the Registrar.

(8) The Court may award costs in an appeal under this section in exceptional circumstances only.