Aboriginal Councils and Associations Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1461

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Aboriginal Councils and Associations Regulations2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Aboriginal Councils and Associations Act 1976.

 Dated 25 June 1982.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

IAN WILSON

Minister of State for Aboriginal Affairs

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Commencement

 1. These Regulations shall come into operation on 1 July 1982.

 2. After regulation 13 of the Aboriginal Councils and Associations Regulations the following regulation is inserted:

Form of notice of resolution for voluntary winding up

“13A.

A notice under sub-section 64 (2) of the Act of the passing of a resolution for the voluntary winding up of an Incorporated Aboriginal Association shall be in accordance with Form 12.”.

 3. After regulation 17 of the Aboriginal Councils and Associations Regulations the following regulation is inserted:

Striking off and dissolution of defunct Incorporated Aboriginal Associations

“18.

(1) The provisions of the Companies Act 1981 that relate to the cancellation of the registration, or to the dissolution, of a company that is not carrying on business or is not in operation apply, so far as they are capable of application, to and in relation to—

• (a)

  the striking off the Register of Incorporated Aboriginal Associations of the name of an Incorporated Aboriginal Association that is not carrying on its activities or is not in operation; and

• (b)

  the dissolution of such an Association.

“(2)

In the application of the provisions referred to in sub-regulation (1)—

• (a)

  a reference to a company shall be read as a reference to an Incorporated Aboriginal Association;

• (b)

  a reference to the Commission shall be read as a reference to the Registrar of Aboriginal Corporations;

• (c)

  a reference to the cancellation of the registration of a company shall be read as a reference to the striking off the Register of Incorporated Aboriginal Associations of the name of an Incorporated Aboriginal Association;

• (d)

  a reference to the reinstatement of the registration of a company shall be read as a reference to the restoration of the name of an Incorporated Aboriginal Association to the Register of Incorporated Aboriginal Associations;

• (e)

  a reference to the Court shall be read as a reference to the Federal Court of Australia;

• (f)

  a reference to the registered office of a company shall be read as a reference to the official address of the public officer of an Incorporated Aboriginal Association;

• (g)

  a reference to the sending of a letter or notice to each of the persons who subscribed the memorandum of a company addressed to him at the address mentioned in the memorandum shall be read as a reference to the sending of a letter or notice to each of the persons who constituted the committee of an association that was incorporated as an Incorporated Aboriginal Association, addressed to him at the address mentioned in the application for incorporation of the association;

• (h)

  a reference to property within or outside the Australian Capital Territory shall be read as a reference to property wherever located;

• (j)

  a reference to the directors of a company shall be read as a reference to the members of the Governing Committee of an Incorporated Aboriginal Association; and

• (k)

  a reference to the Minister shall be read as a reference to the Minister for the time being administering the relevant provisions of the Aboriginal Councils and Associations Act 1976.”.

Schedule 1

 4. Schedule 1 to the Aboriginal Councils and Associations Regulations is amended by adding at the end thereof the following form:

 FORM 12

Regulation 13A

COMMONWEALTH OF AUSTRALIA

Aboriginal Councils and Associations Act 1976

NOTICE OF RESOLUTION FOR VOLUNTARY WINDING UP

To the Registrar of Aboriginal Corporations.

I, the public officer of

 , an Association incorporated under the Aboriginal Councils and Associations Act 1976, hereby give notice under sub-section 64 (2) of the Act that, on 19 , the Association resolved by special resolution that it should be wound up voluntarily.

 A copy of the resolution is enclosed, in accordance with sub-section 64 (2) of the Act.

 

Dated

 19 .

(Signature)

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1982.

2. Statutory Rules 1978 No. 137.