16Constitution of Aboriginal Council area on satisfaction of Registrar

#### 16 Constitution of Aboriginal Council area on satisfaction of Registrar (1) Where: (a) the Registrar is satisfied, with respect to an application under section 11: (i) that a substantial majority of adult Aboriginals living in the area to which the application relates is in favour of the establishment of an Aboriginal Council for the area with the functions set out in the application; and (ii) that, having regard to the needs and resources of the Aboriginals living in that area, the proposed Council could effectively perform those functions; (aa) the area to which the application relates is not, and does not include, an area to which local government extends, or to which it is proposed to extend local government, by or under a law of a State or Territory; (b) the area to which the application relates does not consist of, or include, a part of an existing Aboriginal Council area; and (c) the Registrar has agreed with the applicants on a name for the proposed Aboriginal Council area; the Registrar may, by notice published in the Gazette, constitute that area as an Aboriginal Council area under that name. (2) A notice under subsection (1) shall specify the boundaries of the Aboriginal Council area. (4) Where, by reason of the circumstances of an application under section 11, the Registrar is of the view that he or she should not constitute the area to which the application relates as an Aboriginal Council area under subsection (1), the Registrar shall refer the application to the Minister for his or her direction. (5) Where a part (in this subsection referred to as the prescribed part) of an area to which an application under section 11 relates consists of a part of an existing Aboriginal Council area, the Registrar shall, before referring the application to the Minister for his or her direction, endeavour to ascertain the opinions of the adult Aboriginals living in the prescribed part regarding the establishment of an Aboriginal Council for the area to which the application relates or a part of that area that includes the prescribed part and the functions to be conferred on such a Council. (6) A reference under subsection (4) shall be accompanied by: (a) all relevant documents in the possession of the Registrar; (b) a statement by the Registrar of the matters ascertained by him or her under subsection 13(2) and subsection (5) of this section; and (c) any comments on the application that the Registrar may wish to make.