Part II—Registrar of Aboriginal Corporations
4 Registrar of Aboriginal Corporations
(1) For the purposes of this Act, there shall be a Registrar of Aboriginal Corporations and such number of Deputy Registrars of Aboriginal Corporations as the Minister determines from time to time.
(2) The Registrar shall be appointed by the Minister and has such duties, functions and powers as are provided by this Act and by the regulations.
(3) The Deputy Registrars shall be appointed by the Minister for the purpose of assisting the Registrar in carrying out his duties and functions.
(4) The Registrar and the Deputy Registrars shall be engaged under the Public Service Act 1999.
(5) The Registrar and the Deputy Registrars hold office, as such, during the pleasure of the Minister.
5 Functions and powers of Registrar
(1) In addition to the functions conferred by other provisions of this Act, the functions of the Registrar are:
(a) to maintain 2 public registers, one being a Register of Aboriginal Councils and the other a Register of Incorporated Aboriginal Associations;
(b) to advise adult Aboriginals on the procedures for the constitution of Aboriginal Council areas and the establishment of Aboriginal Councils and for the incorporation of Aboriginal associations; and
(c) to arbitrate in disputes as provided for by the Rules of an Aboriginal Council.
(2) The Registrar has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of his functions including, but without limiting the generality of the foregoing, power to act as agent for an Aboriginal corporation.
6 Acting appointments
(1) Where there is a vacancy in the office of the Registrar or of a Deputy Registrar, the Minister may, by writing signed by him, appoint a person to act as Registrar or Deputy Registrar, as the case may be, until the filling of the vacancy, but a person so appointed shall not continue to act after the expiration of the period of 12 months after the occurrence of the vacancy.
(2) Where the Registrar or a Deputy Registrar is, or is expected to be, absent from duty or from Australia or unable, whether on account of illness or otherwise, to perform the duties of his office, the Minister may, by writing signed by him, appoint a person to act as Registrar or Deputy Registrar, as the case may be, during the period during which the Registrar or Deputy Registrar is so absent or so unable to perform the duties of his office.
(3) A person appointed to act as Registrar or Deputy Registrar in accordance with this section has all the functions, powers and duties of the Registrar or Deputy Registrar, as the case may be.
(4) A person appointed under this section may resign his appointment by writing signed by him delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.
7 Resignation
The Registrar or a Deputy Registrar may resign his office by writing signed by him delivered to the Minister, but the resignation does not have effect until it is accepted by the Minister.
8 Registrar to have a seal
(1) The Registrar shall have and use as the seal of his office a seal in such form as the Minister, by notice in the Gazette, determines.
(2) All courts, judges and persons acting judicially shall take judicial notice of:
(a) the signature of any person who holds or has held, or acts or has acted in, the office of Registrar and of the fact that that person holds or has held, or is acting or has acted in, that office; and
(b) the seal of the Registrar.
9 Delegation by Registrar
(1) The Registrar may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Registrar.
(3) A delegation under this section does not prevent the exercise of a power by the Registrar.