Aboriginal Councils and Associations Act 1976
Act No. 186 of 1976 as amended
This compilation was prepared on 23 July 2001
taking into account amendments up to Act No. 55 of 2001
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
An Act to provide for the Constitution of Aboriginal Councils and the Incorporation of Associations of Aboriginals and for matters connected therewith
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Aboriginal Councils and Associations Act 1976.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
In this Act, unless the contrary intention appears:
Aboriginal means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an indigenous inhabitant of the Torres Strait Islands.
Aboriginal association means an association, society or body:
(a) eligibility for membership of which is limited to Aboriginals and spouses of Aboriginals;
(b) that has as members not less than 5 adult Aboriginals; and
(c) that is formed or carried on for any lawful object, including the securing of a pecuniary profit to its members.
Aboriginal Council means an Aboriginal Council established by Part III.
Aboriginal corporation means an Aboriginal Council or an Incorporated Aboriginal Association.
adult Aboriginal means an Aboriginal who has attained the age of 18 years.
area, in relation to an Aboriginal Council, means the Aboriginal Council area for which the Council is established by this Act.
committee, in relation to an Aboriginal association, means the members having the conduct of the affairs of the association.
councillor means a councillor of an Aboriginal Council.
Court means the Federal Court of Australia.
Deputy Registrar means a Deputy Registrar of Aboriginal Corporations appointed under section 4.
Incorporated Aboriginal Association means an Aboriginal association incorporated under Part IV.
official address, in relation to the public officer of an Aboriginal Corporation, means the address notified to the Registrar under section 37 or 57.
public officer, in relation to an Aboriginal Corporation, means the public officer of the corporation appointed in pursuance of section 36 or 56.
Registrar means the Registrar of Aboriginal Corporations appointed under section 4.
spouse, in relation to an Aboriginal, includes a person who, although not legally married to the Aboriginal, is living with the Aboriginal as the Aboriginal’s spouse on a permanent and bona fide domestic basis.
surplus assets, in relation to an Incorporated Aboriginal Association, means the assets remaining on the winding up of the Association after payment of the debts and liabilities of the Association and the cost, charges and expenses of the winding up.
unauthorized name, in relation to an Aboriginal association, means:
(a) a name that is, in the opinion of the Registrar, undesirable; or
(b) a name that would not be available to a body corporate under the Corporations Act 2001.