17Constitution of Aboriginal Council area in accordance with direction of Minister

#### 17 Constitution of Aboriginal Council area in accordance with direction of Minister (1) Subject to subsection (3), where an application is referred to the Minister under section 16, the Minister may, having regard to the customs and wishes of the adult Aboriginals living in the area to which the application relates or in a part of that area, direct the Registrar to constitute that area or that part as an Aboriginal Council area and, if the Minister does so, he or she shall specify: (a) the boundaries of the area to be so constituted; (b) the name under which the area is to be so constituted; and (c) the functions of the proposed Aboriginal Council for the area. (2) Where an application referred to the Minister under section 16 relates to an area that consists of, or includes, part of an existing Aboriginal Council area, the Minister shall consult with any Aboriginal Council that may be affected by the granting of the application (in this section referred to as the existing Council) and with any creditors of the existing Council whose rights against it may be prejudiced by the granting of the application and may enter into: (a) such agreements with the existing Council with respect to the transfer to the Council for the Aboriginal Council area proposed to be constituted (in this section referred to as the new Council) of assets of the existing Council; and (b) such agreements with the creditors of the existing Council with respect to the transfer to the new Council of liabilities of the existing Council to its creditors; as the Minister considers are required to ensure that, if the application is granted: (c) the existing Council will be able effectively to carry out its functions with respect to the area that will remain to it; (d) the new Council will be able effectively to carry out its functions with respect to the area constituted in pursuance of the application; and (e) the rights of those first‑mentioned creditors will not be so prejudiced. (3) The Minister shall not give a direction under subsection (1) with respect to an application to which subsection (2) applies unless the Minister has entered into agreements under subsection (2) or is otherwise satisfied that, if the application is granted, the existing Council and the new Council will be able to carry out their respective functions in their respective areas and that the rights of creditors of the existing Council will not be prejudiced. (4) Where an application referred to the Minister under section 16 relates to an area that is, or includes, 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, the Minister shall not direct the Registrar under subsection (1) to constitute the area to which the application relates, or a part of that area, as an Aboriginal Council area unless the Minister has consulted with the person responsible for administering local government in the relevant State or Territory, or in each relevant State or Territory, that is to say: (a) in the case of a State—the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to local government in that State; or (b) in the case of a Territory—the person holding an executive office who is responsible, or principally responsible, for the administration of matters relating to local government in that Territory. (5) Where the Registrar receives a direction under subsection (1), he or she shall, by notice published in the Gazette, constitute the area to which the direction relates as an Aboriginal Council area under the name specified in the direction. (6) A notice under subsection (5) shall specify the boundaries of the Aboriginal Council area. (7) By force of this subsection, upon the publication of a notice under subsection (5) constituting an Aboriginal Council area: (a) any part of the area thus constituted that was, immediately before being so constituted, part of an existing Aboriginal Council area, ceases to be part of that last‑mentioned area; (b) any assets the subject of agreements under paragraph (2)(a) cease to be vested in the Aboriginal Council in which they were vested immediately before publication of the notice and become vested in the Aboriginal Council that is, in accordance with section 19, established by this Act for the area so constituted; and (c) an Aboriginal Council that was, immediately before the publication of the notice, liable to pay and discharge any liabilities the subject of agreements under paragraph (2)(b) ceases to be so liable and the Aboriginal Council that is, in accordance with section 19, established by this Act for the area constituted under subsection (5) becomes liable to pay and discharge those liabilities.