New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 66

66 Grounds for disqualification from office

(1) A person is disqualified from holding office as a Board member of a Local Aboriginal Land Council if the person--

(a) has a conviction in New South Wales or elsewhere for an offence relating to the management of a corporation, that was recorded within the last 5 years, or

(b) has a conviction for an offence under this Act that was recorded within the last 5 years, or

(c) has a conviction in New South Wales for any other offence that is punishable by imprisonment for 5 years or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable that was recorded within the last 5 years, or

(c1) has, within the last 5 years, been the subject of a finding by the Independent Commission Against Corruption that the person has engaged in serious corrupt conduct, or

(d) ceases to be a voting member of the Council, or

(e) becomes a councillor of the New South Wales Aboriginal Land Council, or

(f) is a mentally incapacitated person, or

(g) is or becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(h) is or was a director or person concerned in the management of a body corporate that is the subject of a winding up order or for which either of the following has been appointed during the last 3 years--

(a) a controller or administrator under the Corporations Act 2001 of the Commonwealth,

(b) a controller or administrator, other than a special administrator, under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, or

(i) is disqualified from holding office in or being concerned in the management of a corporation under any law of this or any other State or Territory or the Commonwealth, or

(j) is an employee of, or a consultant or contractor to, the Council, or

(k) was an officer of the Local Aboriginal Land Council at a time that was both--

(i) within the last 5 years, and

(ii) within 2 years before an administrator was appointed for the Council, or

(l) fails, without a reasonable excuse, for a period of 3 months or more to comply with a written requirement by the New South Wales Aboriginal Land Council to undergo training under section 65, or

(m) is disqualified from holding office as a councillor (other than on the ground that the person is an employee of, or consultant or contractor to, the New South Wales Aboriginal Land Council).

(2) The Registrar may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.

(3) The Registrar may determine that a person is not disqualified on the ground set out in subsection (1)(k) if the Registrar is satisfied that it is appropriate in the circumstances that the person not be disqualified on that ground.

(4) Despite subsection (1)(j), a person is not disqualified from holding office as a Board member of a Local Aboriginal Land Council (and is taken not to have been disqualified from holding office at the time of the person's nomination) on the ground that the person is an employee of, or a consultant or contractor to, the Council if the person resigns from employment with, or ceases to be a consultant or contractor to, the Council as soon as practicable after becoming aware of the result of the election.