(1) If the Minister gives a notice under section 21B stating that he or she supports the establishment of the new Land Council, he or she must request the Australian Electoral Commission to hold a vote on the proposed establishment of the new Land Council.
(2) The Australian Electoral Commission must hold the vote as soon as practicable after being requested to do so.
(3) A person is entitled to vote if:
(a) the person is an adult Aboriginal; and
(i) the person's name is on the Commonwealth Electoral Roll and the person's place of living as shown on the Roll is in the qualifying area; or
(ii) the person is entitled to vote under rules made under subsection (4).
Note: See also section 21D (which contains further provisions about the Commonwealth Electoral Roll).
(4) The Minister may, by legislative instrument, make rules for and in relation to the holding of the vote. In particular, the rules may:
(a) deal with the timing of the vote; and
(b) for the purposes of subparagraph (3)(b)(ii)--deal with those persons entitled to vote; and
(c) confer powers on the Electoral Commissioner or a member of the staff of the Australian Electoral Commission.
Minister may establish new Land Council if a 55% positive vote
(5) The Minister may, by notice in writing, establish the new Land Council for the qualifying area if at least 55% of the formal votes cast by persons entitled to vote on the proposal are in favour of it.
(6) For the purposes of subsection (5), a vote is formal if and only if:
(a) a person authorised under subsection (7) is satisfied that it is on an authentic ballot paper; and
(b) it indicates the voter's preference for either being in favour or against the proposal; and
(c) it does not have upon it any writing or another mark by which, in the opinion of a person authorised under subsection (7), the voter can be identified (not including writing or another mark placed on the ballot paper, whether or not in contravention of any law, by a person involved in conducting the vote).
(7) The Electoral Commissioner may, by writing, authorise a member of the staff of the Australian Electoral Commission for the purpose of subsection (6).
Name and boundaries of new Land Council
(8) The notice under subsection (5) must:
(a) specify the name of the new Land Council (which must be the name specified in the application under section 21A); and
(b) set out the boundaries of the area for which the new Land Council is established.
Redrawing of boundaries of other Land Council areas
(9) On the establishment of the new Land Council, the area specified in the notice under subsection (5) ceases to be part of the area of the Land Council, or of the areas of the Land Councils, in which it was included immediately before that establishment.
Informing Aboriginals about existence of new Land Council
(10) On the establishment of the new Land Council, the Minister must take whatever steps he or she considers necessary and practicable to inform the adult Aboriginals living in the area of the Council of the existence of the Council.
(11) The Minister must publish the notice under subsection (5) in the Gazette .
Notice not a legislative instrument
(12) A notice under subsection (5) is not a legislative instrument.