ABORIGINAL LAND RIGHTS ACT 1983 - SECT 223B Interim actions pending appointment of administrator

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 223B

223B Interim actions pending appointment of administrator

(1) The Minister may, by notice in writing to an Aboriginal Land Council, take any of the following actions, pending the appointment of an administrator of the Council--

(a) prohibit the Council and the Board of the Council from exercising certain specified functions or taking specified actions, except with the approval of the Minister, for a specified period,

(b) appoint a person to act as an interim administrator of the Council for a specified period (not exceeding 3 months).

(1A) The interim administrator has, during the period of his or her appointment, to the exclusion of the Council and the Board of the Council--

(a) all, or such part as is specified in the interim administrator's instrument of appointment, of the functions of the Board of the Council conferred or imposed by or under this Act, and

(b) the functions of the Council and the members of the Council exercised by resolution of the members of the Council that are prescribed by the regulations (except as provided by the interim administrator's instrument of appointment).

(2) A notice under this section ceases to have effect if an administrator is appointed under this Division or if the Minister decides not to appoint an administrator under this Division.

(3) The Minister must notify the Aboriginal Land Council in writing if the Minister decides not to appoint an administrator.

(4) The Minister may revoke or vary a notice given under this section.

(5) An Aboriginal Land Council must not fail to comply with a notice given under this section.

(6) The interim administrator is to be paid out of the funds of the New South Wales Aboriginal Land Council and the New South Wales Aboriginal Land Council may recover that amount from the Local Aboriginal Land Council for which the interim administrator has been appointed.