Aboriginal Councils and Associations Regulations (Cth)

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Aboriginal Councils and Associations Regulations

Statutory Rules 1978 No. 137 as amended

made under the

Aboriginal Councils and Associations Act 1976

This compilation was prepared on 25 March 2003

taking into account amendments up to SR 1984 No. 225

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Citation [see Note 1]

 These Regulations may be cited as the Aboriginal Councils and Associations Regulations.

2Interpretation
  • (1)

    In these Regulations, the Act means the Aboriginal Councils and Associations Act 1976.

  • (2)

    In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.

3Formal requirements – Schedule 2

 The Registrar may refuse to accept an application or notice that, under the Act, is required to be filed or otherwise lodged with the Registrar unless it is in accordance with the requirements set out in Schedule 2.

4Requirements relating to forms
  • (1)

    A form set out in Schedule 1 shall be completed in accordance with the directions specified in the form.

  • (2)

    Strict compliance with a form set out in Schedule 1 is not necessary and substantial compliance is sufficient.

5Form of application to constitute an Aboriginal Council area

 An application under Part III of the Act for the constitution of an Aboriginal Council area shall be in accordance with Form 1.

6Request to alter functions of an Aboriginal Council

 A request by an Aboriginal Council under subsection 33 (1) of the Act to alter the functions of the Council shall be in accordance with Form 2.

7Notice of alteration of Rules of an Aboriginal Council

 A notice under subsection 35 (1) of the Act of the alteration of the Rules of an Aboriginal Council shall be in accordance with Form 3.

8Form of notice of name and address of public officer

 A notice under subsection 37 (1) or 57 (1) of the Act of the full name and official address of the public officer of an Aboriginal corporation shall be in accordance with Form 4.

9Form of notice of change of public officer

 A notice under subsection 37 (2) or 57 (2) of the Act of a change of the official address of the public officer of an Aboriginal corporation shall be in accordance with Form 5.

10Form of application for incorporation of an Aboriginal association

 An application under subsection 43 (1) of the Act for the incorporation of an Aboriginal association shall be in accordance with Form 6.

11Form of certificate of incorporation of an Aboriginal association
  • (1)

    A certificate of incorporation of an Aboriginal association under paragraph 45 (1) (a) of the Act shall be in accordance with Form 7.

  • (2)

    Where a certificate referred to in subregulation (1) is issued to an association incorporated under the law of a State or a Territory, the Registrar shall cause notice of incorporation under the Act to be given to the proper officer of that State or Territory having functions in relation to the incorporation of bodies corporate in that State or Territory.

12Form of notice of alteration of objects or Rules of an Incorporated Aboriginal Association
  • (1)

    A notice under subsection 52 (1) of the Act of the alteration of the objects of an Incorporated Aboriginal Association shall be in accordance with Form 8.

  • (2)

    A notice under subsection 54 (1) of the Act of the alteration of the Rules of an Incorporated Aboriginal Association shall be in accordance with Form 8.

13Forms relating to changes of name
  • (1)

    An application under subsection 53 (1) of the Act for approval to change the name of an Incorporated Aboriginal Association shall be in accordance with Form 9.

  • (2)

    A notice under subsection 53 (3) of the Act that an Incorporated Aboriginal Association has changed its name to a new name shall be in accordance with Form 10.

  • (3)

    A certificate of incorporation issued to an Incorporated Aboriginal Association in a new name by the Registrar under subsection 53 (4) of the Act shall be in accordance with Form 11.

13AForm of notice of resolution for voluntary winding up

 A notice under subsection 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.

14Inspection of documents

 The Registrar may permit a person at all reasonable times to inspect all or any of the documents filed or otherwise lodged with the Registrar in respect of an Aboriginal corporation.

15Certified copy of certificate of incorporation

 The Registrar may issue a certified copy of a certificate of incorporation on receipt of the fee specified in Schedule 3.

16Fees

 The fees set out in Schedule 3 shall, in respect of the matters to which they relate, be paid to the Registrar.

17Prescribed qualifications

 For the purposes of subsections 38 (3), 39 (1), 59 (3) and 60 (1) of the Act, a person having the prescribed qualifications is a person who is, or who is entitled to be, a registered company auditor under the law of a State or Territory.

18Striking off and dissolution of defunct Incorporated Aboriginal Associations
  • (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 subregulation (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

Form 1Application for constitution of an Aboriginal Council area

(regulation 5)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

 We, the undersigned, hereby apply under Part III of the Act for the constitution of an Aboriginal Council area with a view to the establishment of an Aboriginal Council for that area.

 The boundaries of the area proposed to be constituted as an Aboriginal Council area will be:*

 The functions of the proposed Aboriginal Council for the area will be: 

Dated 19 .

(Signatures, names and addresses of 10 adult

Aboriginals living in the proposed Council area)

* Insert a clear description of the area to be constituted. If insufficient space, attach a separate sheet. Attach a map delineating the subject area.

  List functions of the Council including the provision of a service or services to the Aboriginals living in the area, any other function for the benefit of those Aboriginals and services referred to in subsection 11 (3) of the Act.

Form 2Request to alter functions of an Aboriginal Council

(regulation 6)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

 You are requested under section 33 of the Act to alter the functions

of , an Aboriginal Council established under Part III of the Act, as follows:*

 A statement in support of the proposed alteration is attached. 

Dated 19 .

 (Aboriginal Council)‡

* Insert particulars of proposed alteration.

  Include in statement details of matters referred to in subsection 33 (2) of the Act.

‡ Insert attestation clause for use of the common seal of the Council.

Form 3Notice of alteration of rules of an Aboriginal Council

(regulation 7)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

I, of 

the public officer of , an Aboriginal Council established under Part III of the Act, hereby file, under subsection 35 (1) of the Act, a copy of an alteration of the Rules of the Council made on 19

Dated 19 .

 (Signature)

Form 4Notice of name and address of public officer

(regulation 8)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

Notice is hereby given under subsection 37 (1)/57 (1)* of the Act that the full name and official address of the public officer of the Council/Association* is:

Dated 19 .

(Aboriginal Council/Governing Committee

of Incorporated Aboriginal Association) 

* Strike out whichever is inapplicable.

  Insert appropriate attestation clause for use of the common seal of the Aboriginal Corporation.

Form 5Notice of change of address of public officer

(regulation 9)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

Notice is hereby given under subsection 37 (2)/57 (2)* of the Act that the official address for the public officer of the Council/Association* has been changed from to .

Dated 19 .

(Aboriginal Council/Governing Committee

of Incorporated Aboriginal Association) 

* Strike out whichever is inapplicable.

  Insert appropriate attestation clause for use of the common seal of the Aboriginal Corporation.

Form 6Application for the incorporation of an Aboriginal association

(regulation 10)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

The committee of the Aboriginal association known as

hereby applies for the incorporation of that association under Part IV of the Act under the name of*

 The association has the following objects:

 The members of the association are/are not  liable to contribute towards the payment of the debts and liabilities of the association.‡

 The names and addresses of the persons who constitute the committee of the association are as follows:

 The activities of the association are/will be carried on at the following place/places :

 A copy of the Rules by which the affairs of the association are to be regulated is filed with this application.

 A copy of the certificate of incorporation of the association otherwise than under the Act is filed with this application.§

Dated 19 .

(Signatures of each member of the committee)

* Insert proposed name with the words “Aboriginal Corporation” or “Torres Strait Islanders Corporation”, as the case requires.

  Strike out whichever is inapplicable.

‡ If so, set out extent of liability.

§ To be included if the association is incorporated under another law of a State or Territory.

Form 7Certificate of incorporation of an Aboriginal association

(subregulation 11 (1))

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

I, , the Registrar of Aboriginal Corporations, in pursuance of paragraph 45 (1) (a) of the Act, hereby certify that*

has this day been incorporated under the Act.

Dated 19 .

(Registrar)

* Insert name of Aboriginal Association.

Form 8Notice of alteration of objects or rules of an incorporated Aboriginal association

(regulation 12)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

I, of , the

public officer of , an Association incorporated under the Act hereby file, under subsection 52 (1)/54 (1)* of the Act, a copy of an alteration of the objects of the Association/a notification of an alteration of the Rules of the Association* made on 19 .

 A copy of the alteration of the Rules is filed with this notice. 

Dated 19 .

(Signature)

* Strike out whichever is inapplicable.

  Strike out if inapplicable.

Form 9Application for approval of a new name for an incorporated Aboriginal association

(subregulation 13 (1))

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

To the Registrar of Aboriginal Corporations.

The Governing Committee of , an Association incorporated under the Act, hereby applies under subsection 53 (1) of the Act for approval to change the name of the Association to* .

Dated 19 .

(Governing Committee of

Incorporated Aboriginal Association) 

* Insert proposed new name including the words “Aboriginal Corporation” or “Torres Strait Islanders Corporation”, as the case requires.

  Insert appropriate attestation clause for use of the common seal of the Incorporated Aboriginal Association.

Form 10Notice of a new name for an incorporated Aboriginal association

(subregulation 13 (2))

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

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 subsection 53 (3) of the Act that, on

 19 , the members of the Association resolved to change the name of the Association to .

Dated 19 .

(Signature)

Form 11Certificate of incorporation of an Aboriginal association on change of name

(subregulation 13 (3))

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

I,  , the Registrar of Aboriginal Corporations, in pursuance of subsection 53 (4) of the Act, hereby certify that the Association incorporated under the Act on

19 under the former name of is now incorporated under the Act under the new name of  .

Dated 19 .

Registrar

Form 12Notice of resolution for voluntary winding up

(regulation 13 A)

Commonwealth of Australia

Aboriginal Councils and Associations Act 1976

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 subsection 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 subsection 64 (2) of the Act.

Dated 19 .

(Signature)

Schedule 2Requirements in relation to forms

(regulation 3)

  

1.

All forms shall be on paper of the size known as International A4.

2.

The contents of each sheet shall be so placed as to leave a margin of at least 5 centimetres in width on the left-hand side of the sheet.

3.

Each sheet shall be an original copy.

4.

The contents of each sheet shall not be altered in any particular.

Schedule 3Fees to be paid to the registrar

(regulation 16)

  

Column 1

Item

Column 2

Matter to which the fee relates and additional fee, if any

Column 3

Fee

$

1

For the issue, under paragraph 45 (1) (a) of the Act, of a certificate of incorporation 

50.00

2

For the issue, under subsection 53 (4) of the Act, of a certificate of incorporation 

3.00

3

On late filing of a document under the Act, except where the Registrar is satisfied that just cause exists for the failure to file a document before the date on which it is filed, in addition to any other fee —

  • (a)

    if filed not later than 1 month after the prescribed time, such amount, not exceeding $2, as the Registrar fixes;

  • (b)

    if filed later than one month after the prescribed time, such amount, not exceeding $10, as the Registrar fixes.

4

For inspection of the documents filed or otherwise lodged with the Registrar in respect of an aboriginal corporation..............................................................................

3.00

5

For a certified copy of a certificate of incorporation..............................................................................

3.00

6

For a copy of a document in the custody of the Registrar — for each page..............................................................................

1.00

7

On a subpoena served on the Registrar to produce a document in his custody And, in addition, if the Registrar so requires, such other expenses as are reasonably incurred in the production of the document. 

10.00

8

For furnishing, in reply to an inquiry made by post, information in the possession of the Registrar in relation to an Aboriginal corporation 

3.50

Notes to the Aboriginal Councils and Associations Regulations

Note 1

The Aboriginal Councils and Associations Regulations (in force under the Aboriginal Councils and Associations Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 137 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1978 No. 137

14 July 1978

14 July 1978

1982 No. 146

30 June 1982

1 July 1982

—

1984 No. 225

12 Sept 1984

1 Oct 1984

—

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 13A....................................

ad. 1982 No. 146

R. 18.......................................

ad. 1982 No. 146

Schedule 1.............................

am. 1982 No. 146

Schedule 3.............................

rs. 1984 No. 225

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