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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 28B

Variation or revocation of a delegation to Aboriginal and Torres Strait Islander corporation

             (1)  If a delegation by a Land Council is in force under subsection 28(3) in relation to an Aboriginal and Torres Strait Islander corporation, the Council may, in writing, vary or revoke the delegation:

                     (a)  on its own initiative; or

                     (b)  in accordance with a request or application made by the corporation.

             (2)  Before varying or revoking a delegation on its own initiative, the Council must consult the corporation concerned.

Variation to add functions or powers--application by corporation

             (4)  If a delegation by a Land Council is in force under subsection 28(3) in relation to an Aboriginal and Torres Strait Islander corporation, the corporation may, in writing, apply to the Council for a variation of the delegation to:

                     (a)  apply to all of the Council's functions or powers that are delegable to the corporation; or

                     (b)  add specified delegable functions or powers; or

                     (c)  add specified delegable functions or powers in relation to specified matters.

The Council must, in writing, vary or refuse to vary the delegation.

Note:          For example, the corporation may seek to increase the part of the area of the Council in respect of which the corporation wants to perform functions or exercise powers.

          (4A)  The application must:

                     (a)  set out the names of the corporation's members; and

                     (b)  set out evidence that a majority of the members of the corporation are either:

                              (i)  the traditional Aboriginal owners of land in the part of the area of the Council in respect of which the corporation will, if the variation is made, be able to perform the delegated functions or exercise the delegated powers; or

                             (ii)  Aboriginals who live in that part; and

                     (c)  set out the reason the corporation seeks the variation; and

                     (d)  if the variation is to increase the part of the area of the Council in respect of which the corporation wants to perform functions or exercise powers--set out:

                              (i)  the areal extent of the increase; and

                             (ii)  the reason the corporation selected that areal extent; and

                     (e)  set out a description of any consultation by the corporation with the following persons in relation to the variation:

                              (i)  traditional Aboriginal owners of land in the part of the area of the Council affected by the variation;

                             (ii)  any other Aboriginal community or group that may be affected by the variation; and

                      (f)  set out a description of any conflict of interest arrangements the corporation has in place; and

                     (g)  set out the qualifications and experience of:

                              (i)  the corporation's officers (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); and

                             (ii)  the corporation's employees (within the meaning of that Act);

                            that are relevant to the variation; and

                     (h)  set out how the corporation proposes to make decisions in relation to the functions or powers covered by the variation, including any proposed ongoing consultation with the persons mentioned in paragraph (e); and

                      (i)  set out an estimate of the resources required to perform or exercise the functions or powers covered by the variation; and

                      (j)  set out the following breakdown of the resources mentioned in paragraph (i):

                              (i)  resources the corporation has at its disposal;

                             (ii)  resources the corporation proposes to obtain from the Council;

                            (iii)  resources the corporation proposes to obtain from another source, and the name of that source; and

                     (k)  contain any other information prescribed by the regulations; and

                      (l)  be accompanied by:

                              (i)  a copy of the general report that the corporation has most recently lodged with the Registrar of Aboriginal and Torres Strait Islander Corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; and

                             (ii)  a copy of the financial report that the corporation has most recently lodged with the Registrar of Aboriginal and Torres Strait Islander Corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; and

                            (iii)  a copy of the directors' report that the corporation has most recently lodged with the Registrar of Aboriginal and Torres Strait Islander Corporations under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; and

                            (iv)  if the financial report mentioned in subparagraph (ii) has been audited as required under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 --a copy of the auditor's report.

Note:          Examples of resources for paragraphs (i) and (j) are money, employees, premises and equipment.

          (4B)  The Council may, by writing, exempt the corporation from compliance with any or all of the requirements set out in subsection (4A) in relation to the application.

          (4C)  The Council must give the Minister a copy of the application.

             (5)  If the Council refuses to vary the delegation:

                     (a)  it must give the corporation written notice of the refusal including reasons for the refusal; and

                     (b)  it must give the Minister a copy of the notice.

             (6)  The Council must take all reasonable steps to ensure that a decision is made on the application within:

                     (a)  6 months after the day the application was made; or

                     (b)  if a longer period is agreed in writing by the corporation--that period.

             (7)  If a longer period is agreed under paragraph (6)(b), the Council must notify the Minister, in writing, of the agreement.



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