EXPLANATORY STATEMENT
Amendment of Regulations under the Aboriginal Councils and Associations Act 1976
Statutory Rules 1982 No. 146
Issued by Authority of the Minister for Aboriginal Affairs
The new Regulations:
(1) prescribe the form of the notice of a special resolution by an Incorporated Aboriginal Association for its voluntary winding up, and
(2) provide for the application of the relevant provisions of the Companies Act 1981 to the de-registration or dissolution of defunct Incorporated Aboriginal Associations.
In respect of (1) Section 64 of the Act provides that an Incorporated Aboriginal Association may be wound up voluntarily if the Association so resolves by special resolution. It is required to notify the Registrar of Aboriginal Corporations of this resolution in a prescribed form. No form is presently prescribed.
In respect of (2) there is no provision in the current Regulations for the removal from the Register of Incorporated Aboriginal Associations of an Association that has ceased to carry on its activities and has ceased to operate. Experience has shown that it is not possible for an Association in such circumstances to pass a special resolution for voluntary winding up because the members have lost interest in the affairs of the Association and most of them cannot be located. The new Regulations give the Registrar of Aboriginal Corporations power to strike such Associations off the Register after he has satisfied himself that it is
../2
../2
not possible for the Association to voluntarily wind itself up, and to determine consequential matters, such as the disposal of any outstanding assets of the Association.