Part V—Investigation and administration of Aboriginal corporations
68 Investigation by Registrar
(1) The Registrar may investigate the affairs of an Aboriginal corporation if the Registrar suspects on reasonable grounds that:
(a) the corporation has failed to comply with a provision of this Act, the regulations or the Rules of the corporation; or
(b) there has been an irregularity in the corporation’s financial affairs.
(2) For the purposes of the investigation, the Registrar may, by notice in writing given to a person whom the Registrar believes to have some knowledge of the affairs of the corporation, require that person to attend before the Registrar at a time and place specified in the notice and there to answer such questions, and produce such documents in the possession of the person, or to which the person has access, as the Registrar considers necessary.
(3) A person is not excused from answering a question or producing a document when required to do so under subsection (2) on the ground that the answer to the question, or the production of the document, might tend to incriminate the person or make the person liable to a penalty, but the answer, the production of the document, or anything obtained as a direct or indirect consequence of the answer or the production, is not admissible in evidence against the person in any proceedings, other than proceedings for an offence against section 137.1 of the Criminal Code that relates to this section.
69 Offences
(1) A person shall not, without reasonable excuse, refuse or fail:
(a) to attend before the Registrar; or
(b) to answer a question; or
(c) to produce a document;
when so required in pursuance of subsection 68(2).
Penalty: $200.
70 Entry on premises
(1) Where the Registrar believes on reasonable grounds that it is necessary for the purposes of his investigation of the affairs of an Aboriginal corporation to enter land or premises occupied by the corporation, he may, at all reasonable times, enter the land or premises and may:
(a) examine books on the land or premises that relate to the affairs of the corporation or that he believes, on reasonable grounds, relate to those affairs;
(b) take possession of any of those books for such period as he thinks necessary for the purposes of the investigation; and
(c) make copies of, or take extracts from, any of those books.
(2) The Registrar is not entitled to refuse to permit a person to inspect books referred to in subsection (1) that are in the possession of the Registrar under that subsection if the person would be entitled to inspect those books if the Registrar had not taken possession of them.
(3) A person shall not obstruct or hinder the Registrar in the exercise of his powers under this section.
Penalty: $1,500.
71 Appointment of Administrator
(1) If the Registrar considers that there may be grounds for appointing an Administrator, the Registrar may serve on the public officer of the corporation a notice in writing calling upon the corporation to show cause, within a reasonable period specified in the notice, why an Administrator should not be appointed.
(2) After that period, and having considered any representations made by the corporation, the Registrar may appoint an Administrator if satisfied that any of the following grounds have been established:
(a) in the case of an Incorporated Aboriginal Association—the Association has been trading at a loss for at least 6 months during the preceding period of 12 months;
(b) the Council or the Governing Committee, as the case may be, has failed to comply with a provision of this Act, the regulations or the Rules, and has failed to provide a satisfactory explanation;
(c) in the case of an Incorporated Aboriginal Association—the members of the Governing Committee have acted in the affairs of the Association in their own interests rather than in the interests of the members of the Association or otherwise in a way that appears to be unfair or unjust to members of the Association;
(d) in the case of an Incorporated Aboriginal Association—the appointment of an Administrator is required in the interests of members and creditors of the Association;
(e) in the case of an Aboriginal Council—the appointment of an Administrator is required in the interests of adult Aboriginals in the Council area;
(f) the appointment of an Administrator is otherwise required in the public interest.
(3) The Registrar must not appoint an Administrator without the prior approval of the Minister.
72 Notice of appointment
As soon as practicable after the appointment of an Administrator, the Registrar must publish notice of the appointment, and the period of the appointment, in the Gazette and in a newspaper (if any) circulating in the area where the official address of the public officer of the corporation is situated.
73 Vacation of offices
On the appointment of the Administrator:
(a) the office of the public officer of the corporation becomes vacant; and
(b) if the corporation is an Aboriginal Council—all offices of the councillors constituting the Council become vacant; and
(c) if the corporation is an Incorporated Aboriginal Association—all offices of the members of the Governing Committee of the Association become vacant.
74 Remuneration of Administrator
(1) The Administrator is to receive such remuneration (if any) as the Registrar determines.
(2) The Registrar may direct how and by whom the remuneration, charges and expenses of the Administrator are to be borne and may, if the Registrar thinks fit, charge the remuneration, charges and expenses on the property of the corporation in such order of priority in relation to any existing charges on that property as the Registrar thinks fit.
75 General powers of Administrator
The Administrator is responsible for the conduct of the affairs of the corporation and in addition has the functions and duties of the public officer.
75A Disclosure of interest by Administrator of Aboriginal Council
If the corporation is an Aboriginal Council, the Administrator must give written notice to the Minister of any material personal interest that the Administrator has in a matter being considered or about to be considered in relation to a matter.
76 Administrator may cancel or vary contracts of employment
(1) The Administrator may cancel or vary (either unconditionally or subject to such conditions as the Administrator thinks just) any contract or agreement between the corporation and any other person that relates to employment of any person by the corporation.
(2) Before cancelling or varying a contract, the Administrator must:
(a) give such persons as the Administrator thinks appropriate (having regard to the principles of natural justice) a reasonable opportunity to make representations to the Administrator either orally or in writing; and
(b) give due regard to any representations so made.
77 Application for review
(1) A person may apply to the Administrative Appeals Tribunal for review of a decision made by the Administrator under section 76.
(2) In subsection (1):
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
77A Statement to accompany notice of decisions under section 76
(1) If the Administrator makes a decision under section 76 and gives a person whose interests are affected by the decision notice in writing of the decision, the notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision by or on behalf of that person.
(2) Any failure to comply with subsection (1) does not affect the validity of the decision.
77B Indemnity
The Administrator is not subject to any action, claim or demand by, or liable to, any person in respect of anything done, or omitted to be done, in good faith in or in connection with the exercise or performance of powers, functions or duties conferred on the Administrator by this Act.
77C Report to Registrar
The Administrator must give the Registrar such information as the Registrar requires from time to time.
77D Election of councillors etc. before cancellation of appointment of Administrator
If the Registrar is satisfied that it is no longer necessary for the Administrator to conduct the affairs of the corporation, the Registrar must conduct an election to fill the offices of the councillors or the members of the Governing Committee, as the case may be.
77E Cancellation of appointment of Administrator
If the Registrar cancels the appointment of the Administrator, and does not immediately appoint another:
(a) the conduct of the affairs of the corporation vests in the Council or the Governing Committee, as the case requires; and
(b) section 36 or 56, as the case requires, applies as if the office of public officer had become vacant on the cancellation of the appointment of the Administrator.