Victorian Consolidated Legislation

Aboriginal Lands Act 1970 - SECT 23B

Appointment of Administrator

23B. Appointment of Administrator



(1) In this section-

relevant grounds means any one or more of the following-

   (a)  that the committee of management of the Lake Tyers Aboriginal Trust
        has-

   (i)  failed to take the action specified in a notice served under section
        23A within the period of time specified in the notice; and

   (ii) failed to provide an explanation that is to the reasonable
        satisfaction of the Minister for its failure to take the action
        specified in a notice served under section 23A within the period of
        time specified in the notice;

   (b)  that the members of the committee of management of the Lake Tyers
        Aboriginal Trust have acted in the affairs of the Trust in their own
        interests rather than in the interests of the members of the Trust;

   (c)  that the appointment of an Administrator is required in the interests
        of the members of the Lake Tyers Aboriginal Trust or the residents of
        the Lake Tyers reserve.





(2) If the Minister considers that there may be relevant grounds for
appointing an Administrator, the Minister may serve on the Chairman of the
Lake Tyers Aboriginal Trust, a notice in writing-

   (a)  calling on the Trust to show cause, within a reasonable period
        specified in the notice, why an Administrator should not be appointed;
        and

   (b)  setting out the grounds on which the Minister relies for the service
        of the notice.

(3) The grounds set out in the notice must be relevant grounds.

(4) The Lake Tyers Aboriginal Trust may make representations to the Minister
in respect of the relevant grounds set out in the notice within the period
specified in the notice.

(5) If the Minister considers it appropriate to do so, the Minister may,
within the period specified in the notice-

   (a)  inform the residents of the Lake Tyers reserve of the service of a
        notice under this section and the relevant grounds set out in the
        notice; and

   (b)  ask for submissions from the residents in respect of those grounds.

(6) After the period specified in the notice, and having considered any
representations made by the Lake Tyers Aboriginal Trust and submissions of the
residents of the Lake Tyers reserve (if any), the Minister may appoint an
Administrator if the Minister is satisfied that any of the relevant grounds
have been established.