Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommonwealth Minister may issue directions
(1) The Commonwealth Minister may, by written instrument, issue directions requiring, or relating to, either or both of the following:
(a) a former representative body returning documents and records, relating to the performance of its functions or the exercise of its powers in respect of its former area, to the person or persons who provided them to the body;
(b) the former representative body allowing access to, giving or giving copies of documents and records held by the former representative body to a body (the replacement body ) that has become the representative body for all or part of the former representative body's former area, where the documents and records are reasonably necessary for the performance of the functions, or the exercise of the powers, of the replacement body.
Directions take effect on the day on which they are issued.
(1A) An instrument made under subsection (1) is not a legislative instrument.
Limit on directions
(2) Directions must not require the former representative body to:
(a) allow the replacement body access to documents and records of any kind mentioned in paragraph (1)(b) that relate to a claim made in a claimant application or a compensation application; or
(b) give the replacement body documents and records of any kind mentioned in paragraph (1)(b) that relate to a claim made in a claimant application or a compensation application, or give copies of such documents or records;
unless the replacement body gives the Commonwealth Minister notice, in writing, that the replacement body has been requested to perform a representative body function in relation to the claim.
(2A) Directions must not require the former representative body to:
(a) allow the replacement body access to documents and records of any kind mentioned in paragraph (1)(b) that relate to native title rights and interests that are the subject of a determination of native title; or
(b) give the replacement body documents and records of any kind mentioned in paragraph (1)(b) that relate to native title rights and interests that are the subject of a determination of native title, or give copies of such documents or records;
unless the replacement body gives the Commonwealth Minister notice, in writing, that the replacement body has been requested to perform a representative body function in relation to those native title rights and interests.
Bodies must comply with directions
(3) A body to which directions apply must comply with those directions.
Orders by the Federal Court
(4) If a body fails to comply with subsection (3), the Federal Court may, on the application of a person affected by the non - compliance, make such orders as it thinks fit to ensure the body's compliance.
Former representative body under external administration
(4A) To avoid doubt, the Commonwealth Minister may make a direction under subsection (1), and the former representative body to which the direction applies must comply with the direction, even if the former representative body is under external administration.
(5) In this section:
"former area" , in relation to a former representative body, means the area, or the part of an area, for which the body is no longer a representative body.
"former representative body" means a body that:
(a) has ceased to be a representative body; or
(b) has ceased to be a representative body for a particular area; or
(c) has had the area for which it is a representative body reduced.