Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 203AH

Mandatory grounds for withdrawing recognition

  (1)   The Commonwealth Minister must, by legislative instrument, withdraw the recognition of a body as the representative body for an area if:

  (a)   the body has ceased to exist; or

  (b)   the body makes a written request to the Commonwealth Minister for the recognition to be withdrawn.

  (1A)   A request under paragraph   (1)(b) must be accompanied by a signed statement that the request has been authorised by the members of the body in accordance with the body's processes.

Discretionary grounds for withdrawing recognition

  (2)   The Commonwealth Minister may, by legislative instrument, withdraw the recognition of a body as the representative body for an area if satisfied that:

  (a)   the body is not satisfactorily performing its functions; or

  (b)   there are serious or repeated irregularities in the financial affairs of the body.

Notice that withdrawal of recognition is being considered

  (3)   The Commonwealth Minister must not decide to withdraw the recognition under subsection   (2) unless the Minister notifies the body that withdrawal of the recognition is being considered. The notice must be in writing and must:

  (a)   state the reasons why the Minister is considering withdrawal of the recognition; and

  (b)   state that the body may make submissions to the Commonwealth Minister, within the period specified in the notice, about whether the recognition should be withdrawn.

The period specified must not begin before the day on which the notice was given, and must be a period of at least 30 days.

  (3A)   The Commonwealth Minister may, in writing, extend the period specified in the notice under subsection   (3) if:

  (a)   the body applies, in writing, for an extension; and

  (b)   the application is made before that period ends.

Consideration of reports etc.

  (4)   In deciding whether to withdraw the recognition under subsection   (2), the Commonwealth Minister may consider the following:

  (a)   any reports under section   203DF of audits or investigations of the body;

  (c)   any notices that the Secretary of the Department has given to the Minister under section   203F in relation to the body;

  (d)   any information in the possession of the Minister or Department that is relevant to the matter mentioned in paragraph   (2)(a) or (b) of this section.

Commonwealth Minister's consideration of other matters unaffected

  (5)   Subsection   (4) does not limit any other matters that the Commonwealth Minister may take into account in making a decision under subsection   (2).

Consideration of submissions

  (6)   In deciding whether to withdraw the recognition under subsection   (2), the Commonwealth Minister must consider any submissions made by the body:

  (a)   within the period specified in the notice under subsection   (3); or

  (b)   if that period has been extended under subsection   (3A)--within the extended period.

Notice of decision

  (7)   As soon as practicable after deciding whether to withdraw the recognition under subsection   (2), the Commonwealth Minister must notify the body, in writing, of:

  (a)   the decision; and

  (b)   if the decision is that the recognition be withdrawn--the reasons for the decision.

  (8)   The withdrawal of the recognition takes effect:

  (a)   on the day on which the instrument withdrawing recognition is made; or

  (b)   if a later day is specified in that instrument--that day.