New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former section 57)
(1) The Minister may at any time appoint, from a list of persons prepared, in accordance with the regulations, by the New South Wales Aboriginal Land Council, an administrator for a Local Aboriginal Land Council--(a) if there are not sufficient members of that Council to form a quorum of the Council, or(b) if the Council fails to furnish satisfactory financial statements and documents to the New South Wales Aboriginal Land Council in accordance with Division 2 of Part 8, or(c) if the Council otherwise fails to comply with section 153 or 158, or(d) if the Minister is of the opinion, on the receipt of a report by an investigator appointed in accordance with Division 1, or a report by the New South Wales Aboriginal Land Council, or otherwise, that the funds or other property of the Council have not been properly applied or managed, or(e) if the Council has substantially breached the requirements of this Act or the regulations or the rules of the Council, or(f) if the Minister is of the opinion that the Council has ceased for 6 months substantially to exercise its functions, or(g) if the Council has failed to comply with a compliance direction given under section 235, or(h) if the Council operates a community benefit schemes for the provision or acquisition of residential accommodation for Aboriginal persons in its area in contravention of a requirement under section 52A that the scheme be approved by the New South Wales Aboriginal Land Council.Note : Section 52A(1A) provides that the approval of the New South Wales Aboriginal Land Council is not required if the Local Aboriginal Land Council is a registered Aboriginal housing organisation (within the meaning of the Aboriginal Housing Act 1998 ) or a registered community housing provider (within the meaning of the Community Housing Providers National Law (NSW) ).
(2) Notice of an appointment of an administrator under this section must be published in the Gazette.
(3) The Minister must not appoint an administrator under this section without the approval of the New South Wales Aboriginal Land Council.
(4) The 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 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 administrator's instrument of appointment).
(5) The administrator is to be paid out of the funds of the New South Wales Aboriginal Land Council which may recover the amount paid from the Local Aboriginal Land Council for which the administrator has been appointed.
(6) The regulations may make provision for or with respect to the functions of the administrator.
(7) Without limiting subsection (6), the regulations may--(a) specify functions that the administrator must not exercise, except on a resolution of members of the Council, and(b) specify functions of the Board of the Council that the administrator must not exercise, except on a resolution of members of the Council.