Aboriginal Lands Trust Act 2013

Subject to subsection (2), if the Minister is satisfied that—

—

the Trust—

has refused or failed to exercise, perform or discharge a power, function or duty under this Act, or may do so; or

has failed to give effect to the objects and principles of this Act (whether generally or in relation to a particular matter), or may do so;

the refusal or failure has resulted in, or may result in, a detriment to Aboriginal South Australians generally, or to a substantial section of Aboriginal South Australians; or

the Trust has acted, or intends to act, outside of the powers conferred by this Act (whether generally or in relation to a particular matter); or

the Trust is at risk of becoming insolvent, the Minister may direct the Trust to take, or not to take, such action as the Minister may require to remedy or prevent the matter.

Before giving a direction under subsection (1), the Minister must, by notice in writing—

notify the Trust that he or she is considering directing the Trust under this section; and

specify a further period within which the Trust may remedy or prevent the relevant matter (as the case requires); and

advise the Trust that if it does not remedy or prevent the matter (as the case requires) within the specified period, he or she will direct the

If a direction under subsection (1) is not complied with, the Minister (or any other person authorised by the Minister for the purpose of this subsection) may take any action required by the direction.

A person must not hinder or obstruct the Minister or another person taking action under subsection (3). Maximum penalty: Maximum penalty: $5 000.

The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the Trust.

The Trust cannot claim compensation from the Crown, the Minister or any person acting under subsection (3) in respect of any action taken under this section.

If the Minister gives a direction under this section—

the Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and

the Trust must cause details of the direction to be published in its next annual report.