Aboriginal Councils and Associations Amendment Act 1978

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ABORIGINAL COUNCILS AND ASSOCIATIONS AMENDMENT ACT 1978

No. 56 of 1978

An Act to amend the Aboriginal Councils and Associations Act 1976.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Aboriginal Councils and Associations Amendment Act 1978.

(2) The Aboriginal Councils and Associations Act 1976 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Principal Act comes into operation.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by omitting “unincorporated” from the definition of “Aboriginal association”;

(b) by omitting the definition of “Court” and substituting the following definition:

“‘Court’ means the Federal Court of Australia;”; and

(c) by omitting “the Attorney-General” from paragraph (b) of the definition of “unauthorized name” and substituting “a Minister”.

Constitution of Aboriginal Council area on satisfaction of Registrar

4. Section 16 of the Principal Act is amended—

(a) by inserting after paragraph (a) of sub-section (1) the following paragraph:

“(aa) the area to which the application relates is not, and does not include, an area to which local government extends, or to which it is proposed to extend local government, by or under a law of a State or Territory;”; and

(b) by omitting sub-section (3).

Constitution of Aboriginal Council area in accordance with direction of Minister

5. Section 17 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:

“(4) Where an application referred to the Minister under section 16 relates to an area that is, or includes, an area to which local government extends, or to which it is proposed to extend local government, by or under a law of a State or Territory, the Minister shall not direct the Registrar under sub-section (1) to constitute the area to which the application relates, or a part of that area, as an Aboriginal Council area unless the Minister has consulted with the person responsible for administering local government in the relevant State or Territory, or in each relevant State or Territory, that is to say—

(a) in the case of a State—the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to local government in that State; or

(b) in the case of a Territory—the person holding an executive office who is responsible, or principally responsible, for the administration of matters relating to local government in that Territory.”.

First meeting

6. Section 22 of the Principal Act is amended—

(a) by omitting from sub-section (8) “declare the meeting closed” and substituting “adjourn the meeting”; and

(b) by inserting after sub-section (8) the following sub-section:

“(8a) Where—

(a) the Registrar adjourns a meeting of an Aboriginal Council under sub-section (8); and

(b) the Minister is satisfied that Rules of the Council that are not inconsistent with this Act will not be adopted at that meeting if it resumes,

the Minister may declare the election of the councillors of that Council to be void, and that declaration shall have effect accordingly and the Registrar shall proceed to conduct a fresh election in accordance with section 21.”.

Election of councillors to be void

7. Section 24 of the Principal Act is repealed.

Amalgamation of 2 or more Aboriginal Council areas, &c.

8. Section 27 of the Principal Act is amended by omitting from sub-section (5) all the words after paragraph (b) and substituting “the Crown Solicitor may lodge with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory a certificate under the hand of the Crown Solicitor or an officer of the Attorney-General’s Department authorized by the Crown Solicitor to issue such certificates certifying that that estate or interest is so vested and the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of that estate or interest duly executed under the laws in force in the State or Territory.”.

Alterations of functions

9. Section 33 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(5) Where the Registrar refuses to alter the functions of an Aboriginal Council in accordance with a request under sub-section (1), the Council may request the Minister to alter the functions of the Council in the manner specified in the request.

“(6) Where the Minister, having regard to the matters specified in paragraphs (2) (a), (b) and (c), is satisfied that the request should be complied with, he shall, by notice published in the Gazette, alter the functions of the relevant Aboriginal Council in accordance with the request.

“(7) An alteration of the functions of an Aboriginal Council under sub-section (6) takes effect on the date of publication of the notice.

“(8) Where the Minister is not satisfied that the request should be complied with, he shall refuse the request and shall notify the Aboriginal Council in writing, accordingly.”.

Records to be kept and balance sheets and income and expenditure statements prepared

10. Section 38 of the Principal Act is amended—

(a) by adding at the end of sub-section (2) “and an income and expenditure statement giving a true and fair view of the income and expenditure of the Council for the financial year ending on that 30 June”; and

(b) by inserting in sub-section (3) “and income and expenditure statement’’ after “balance sheet’’ (wherever occurring).

Registrar may request explanation

11. Section 40 of the Principal Act is amended—

(a) by omitting from sub-section (3) “Where” and substituting “Subject to sub-section (4a), where”;

(b) by omitting from sub-section (4) “Where” and substituting “Subject to sub-section (4a), where”; and

“(4a) The Registrar shall not exercise his power under paragraph (3)(d) or (e) or sub-section (4) in respect of an Aboriginal Council unless he has, by notice served on the Council, informed the Council that he proposes to exercise that power and—

(a) he has ascertained from the Minister that there has been no appeal under sub-section (4b) against his decision; or

(b) there has been such an appeal but the Minister has informed the Registrar under sub-section (4c) that he agrees that the power should be exercised.

“(4b) Where an Aboriginal Council is served with a notice under sub-section (4a), it may, within 21 days after the service of the notice, appeal to the Minister, in writing, against the relevant decision of the Registrar.

“(4c) Where, under sub-section (4b), an Aboriginal Council appeals to the Minister against a decision of the Registrar to exercise a power, the Minister shall inquire into the matter and shall inform the Registrar and the Aboriginal Council, in writing, whether he considers that the power should be exercised.”.

Application for incorporation

12. Section 43 of the Principal Act is amended by inserting in sub-section (1) “under this Act” after “association” (second occurring).

Registrar may issue certificate of incorporation

13. Section 45 of the Principal Act is amended—

(a) by inserting in sub-section (1) “under this Act” after “incorporation” (first occurring);

(b) by adding at the end of paragraph (c) of sub-section (4) “or, if the changes are not made, of reasons for the changes not being made”; and

(c) by inserting in sub-section (5) “or of reasons for such changes not being made” after “incorporation” (second occurring).

Incorporation of Aboriginal association

14. Section 46 of the Principal Act is amended by omitting paragraph (a) of sub-section (1) and substituting the following paragraphs:

“(a) in the case of an unincorporated association—becomes a body corporate with perpetual succession;

“(aa) in the case of an association incorporated otherwise than under this Act—continues in existence by force only of this section as a body corporate and has perpetual succession;”.

Rules of Incorporated Aboriginal Association

15. Section 47 of the Principal Act is amended by inserting “under this Act” after “association” (wherever occurring).

Notification of alteration of objects

16. Section 52 of the Principal Act is amended—

(a) by inserting after sub-section (2) the following sub-sections:

“(2a) Where the Registrar refuses to approve an alteration filed under sub-section (1), the relevant Association may request the Minister to approve the alteration.

“(2b) Where the Minister, having regard to the matters specified in paragraphs (2) (a) and (b), is satisfied that the request should be complied with, he shall approve the alteration.

“(2c) Where the Minister is not satisfied that the request should be complied with, he shall refuse to approve the alteration and shall notify the Association, in writing accordingly.”; and

(b) by adding at the end of sub-section (3) “or by the Minister under sub-section (2b)”.

Records to be kept and balance sheets and income and expenditure statements to be prepared

17. Section 59 of the Principal Act is amended—

(a) by adding at the end of sub-section (2) “and an income and expenditure statement giving a true and fair view of the income and expenditure of the Association for the financial year ending on that 30 June”; and

(b) by inserting in sub-section (3) “and income and expenditure statement” after “balance sheet” (wherever occurring).

Registrar may request explanation

18. Section 61 of the Principal Act is amended—

(a) by omitting from sub-section (3) “Where” and substituting “Subject to sub-section (5), where”;

(b) by omitting from sub-section (4) “Where” and substituting “Subject to sub-section (5), where”; and

“(5) The Registrar shall not exercise his power under paragraph (3)(d) or (e) or sub-section (4) in respect of an Incorporated Aboriginal Association unless he has, by notice served on the association, informed the association that he proposes to exercise that power and—

(a) he has ascertained from the Minister that there has been no appeal under sub-section (6) against his decision; or

(b) there has been such an appeal but the Minister has informed the Registrar under sub-section (7) that he agrees that the power should be exercised.

“(6) Where an Incorporated Aboriginal Association is served with a notice under sub-section (5), it may, within 21 days after the service of the notice, appeal to the Minister, in writing, against the relevant decision of the Registrar.

“(7) Where, under sub-section (6), an Incorporated Aboriginal Association appeals to the Minister against a decision of the Registrar to exercise a power, the Minister shall inquire into the matter and shall inform the Registrar and the Association, in writing, whether he considers that the power should be exercised.”.

Application of law of Australian Capital Territory relating to compositions with creditors

19. Section 62 of the Principal Act is amended by omitting from paragraph (c) “Australian Industrial Court” and substituting “Federal Court of Australia”.

Application of law of Australian Capital Territory relating to winding up

20. Section 67 of the Principal Act is amended by omitting from paragraph (e) “Australian Industrial Court” and substituting “Federal Court of Australia”.

Order with respect to disposable estate or interest

21. Section 78 of the Principal Act is amended—

(a) by omitting from sub-section (2) “or a State”; and

(b) by adding at the end thereof the following sub-section:

“(5) Any purported transfer of, or other dealing with, an estate or interest in land held by an Aboriginal corporation, other than a disposable estate or interest, is void and of no effect.”.

Extension of time

22. Section 79 of the Principal Act is amended by inserting “the Minister or” before “The Registrar”.

Overview

The Aboriginal Councils and Associations Amendment Act 1978 (Act) was introduced to amend the Aboriginal Councils and Associations Act 1976. The Act was enacted by the Queen, in and by the advice and consent of the Parliament of the Commonwealth of Australia. The main objective of the Act was to address certain issues and make amendments to the original Act to enhance its effectiveness and address identified gaps. This was done through amendments to the definition of Aboriginal associations, the process for constituting Aboriginal Council areas, the role of the Minister in consultation with local government, changes to the meeting procedures of Aboriginal Councils, the election of councillors, the amalgamation of Aboriginal Council areas, the alteration of functions, record-keeping, and the incorporation of Aboriginal associations. The Act ensures that Aboriginal Councils and associations operate more effectively, with greater transparency and accountability.

Scope and Application

The Aboriginal Councils and Associations Amendment Act 1978 applies to Aboriginal Councils and Aboriginal Associations, which include both incorporated and unincorporated associations, as well as associations incorporated under other legislation. The Act amends the Aboriginal Councils and Associations Act 1976 and extends to the entire Commonwealth of Australia. It modifies the conditions under which Aboriginal Council areas can be constituted, requiring consultation with relevant State or Territory local government authorities where such areas overlap with local government jurisdictions. The Act also alters the procedures for the conduct of council meetings, the election of councillors, and the voiding of elections under certain conditions. Additionally, it revises the process for amalgamating Aboriginal Council areas and introduces requirements for keeping records and preparing financial statements for both Aboriginal Councils and Associations. The Act further regulates the Registrar's powers to request explanations and appeals against the Registrar's decisions, and it provides for the incorporation of Aboriginal Associations under the Act. Notably, the Act does not specify any exclusions or thresholds and does not extend its application through subordinate instruments.

Key Provisions

The Aboriginal Councils and Associations Amendment Act 1978 (Act) amends the Aboriginal Councils and Associations Act 1976 (Principal Act) in several significant ways. Firstly, it modifies the definition of 'Aboriginal association' by omitting the term 'unincorporated', thereby broadening the scope of associations covered by the Principal Act (Section 3(a)). Additionally, it redefines 'Court' to mean the Federal Court of Australia, replacing the previous definition (Section 3(b)). Furthermore, the Act removes the reference to 'the Attorney-General' from the definition of 'unauthorized name' and replaces it with 'a Minister' (Section 3(c)). The Act imposes several obligations on Aboriginal Councils and Associations. For instance, it mandates that an area cannot be constituted as an Aboriginal Council area if it falls within an area to which local government extends or is proposed to extend under state or territory law (Section 4(1)(aa)). Moreover, if an application relates to an area within a local government area, the Minister must consult with the relevant state or territory authority before directing the Registrar to constitute the area as an Aboriginal Council area (Section 5(4)). Aboriginal Councils are also required to keep proper records and prepare balance sheets and income and expenditure statements for the financial year ending on 30 June (Section 10). The Registrar is prohibited from exercising certain powers unless he has informed the Council of his intention to do so and ascertained that no appeal has been lodged or, if an appeal has been lodged, the Minister agrees with the exercise of the power (Section 11(4a)). Failure to comply with the provisions of the Act can result in civil or criminal consequences. For example, if an Aboriginal Council fails to adopt Rules that are not inconsistent with the Act, the Minister may declare the election of councillors void and order a fresh election (Section 6(8a)). Additionally, any purported transfer or dealing with an estate or interest in land held by an Aboriginal corporation, other than a disposable estate or interest, is void and of no effect (Section 21(5)). While the Act does not specify maximum penalties for these offences, violations can result in legal action, including potential fines or other civil remedies.

Area of Law: Indigenous Peoples & Native Title Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Compliance Obligations; Regulatory Standards; Delegated & Subordinate Legislation

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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