Altering the constitution of a Board or abolishing a Board
378 Altering the constitution of a Board or abolishing a Board
Revoking and amending notice establishing Board
The Minister may, by notice in the Gazette:
revoke a notice under section 377 relating to the Board for the reserve; or
amend a notice under section 377 relating to the Board for the reserve so as to:
change the specification of the name by which the Board is to be known; or
increase the number of members of the Board and specify the qualifications for appointment to each of the extra positions of member; or
decrease the number of positions of member of the Board and specify which positions are abolished; or
change the qualifications for appointment to a position of member of the Board.
The Minister may exercise the power of amendment from time to time. See subsection 33(1) of the Acts Interpretation Act 1901.
Limits on changing composition of Board
Paragraph (1)(b) has effect subject to subsections 377(4) and (5).
Subsection 377(4) requires a majority of the members of the Board of a Commonwealth reserve consisting wholly or mostly of indigenous people’s land held by the Director under lease to be indigenous persons nominated by the traditional owners of the land.
Subsection 377(5) requires at least one member of a Board for a reserve in a State or self‑governing Territory to be a nominee of the State or Territory.
Prerequisite to revoking or amending notice
The Minister may revoke or amend a notice under section 377 relating to a Commonwealth reserve only if the Minister agrees on the revocation or amendment with:
the land council for indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the land council; or
the traditional owners of indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the traditional owners.
Board’s identity not affected by name change
If the Minister amends a notice published under section 377 so as to alter a Board’s name or constitution, section 25B of the Acts Interpretation Act 1901 applies in relation to the alteration as if it had been made by an Act.
This ensures that the Board’s identity and functions are not affected by the alteration, and that certain references to the Board under its old name are treated as references to the Board under its new name.
This Act’s bill:Explanatory memorandumSecond reading speech
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