(1) If the Minister receives an application under section 21A, the Minister must, by notice in writing:
(a) state that he or she supports the establishment of the new Land Council and that he or she will request the Australian Electoral Commission to hold a vote on the matter; or
(b) refuse the application.
(2) The Minister must not give a notice stating that he or she supports the establishment of the new Land Council unless he or she is satisfied that:
(a) the qualifying area is an appropriate area for the establishment of a new Land Council; and
(b) the proposed new Land Council will be able to satisfactorily perform the functions of a Land Council.
(3) The Minister must give the applicant written notice of the Minister's decision. If the Minister refuses the application, the notice must also include reasons for the refusal.
(4) A notice under subsection (1) is not a legislative instrument.