26Area to be added to Aboriginal Council area

#### 26 Area to be added to Aboriginal Council area (1) Where the Registrar is satisfied: (a) that a substantial majority of adult Aboriginals living in an area (in this section referred to as the additional area) is in favour of the addition of that area to the area (in this section referred to as the original area) of an Aboriginal Council; (b) that a substantial majority of adult Aboriginals living in the original area is in favour of the addition of the additional area to the original area; (c) that, having regard to the needs and resources of Aboriginals living in both areas, the Aboriginal Council for the original area could effectively carry out its functions with respect to both areas; and (d) where the additional area consists of or includes a part of the area of another Aboriginal Council—that, having regard to the needs and resources of Aboriginals living in the remaining part of the area of that other Aboriginal Council, that other Aboriginal Council could effectively carry out its functions in that remaining part; the Registrar may make a recommendation to the Minister that the additional area be added to the original area. (2) Where the additional area that, in accordance with a recommendation under subsection (1), is to be added to the area of an Aboriginal Council (in this section referred to as the first Council) consists of or includes a part of the area of another Aboriginal Council (in this section referred to as the second Council), the Minister shall consult with the second Council and with any creditors of the second Council whose rights against it may be prejudiced if the recommendation is given effect to and may enter into: (a) such agreements with the second Council with respect to the transfer to the first Council of assets of the second Council; and (b) such agreements with the creditors of the second Council with respect to the transfer to the first Council of liabilities of the second Council to its creditors; as the Minister thinks are required to ensure that, if the recommendation is given effect to: (c) the second Council will be able effectively to carry out its functions with respect to the area that will remain to it; (d) the first Council will be able effectively to carry out its functions with respect to both the original area and the additional area, regarded as one area; and (e) the rights of those first‑mentioned creditors will not be so prejudiced. (3) Where: (a) the Minister approves a recommendation made under subsection (1); and (b) where the additional area to which the recommendation relates is an area referred to in subsection (2)—the Minister has entered into agreements under that subsection or is otherwise satisfied that, if the recommendation is given effect to, the first Council and the second Council will be able to carry out their respective functions in their respective areas and that the rights of creditors of the second Council will not be prejudiced; the Minister shall, by notice published in the Gazette, re‑define the boundaries of the original area so as to add to it the additional area. (4) By force of this subsection, upon the publication of a notice under subsection (3) redefining the area of an Aboriginal Council: (a) any part of the area of another Aboriginal Council that is included in the redefined area of the first‑mentioned Aboriginal Council ceases to be part of the area of that other Aboriginal Council; (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 the publication of the notice and become vested in the first‑mentioned Aboriginal Council; 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 first‑mentioned Aboriginal Council becomes liable to pay and discharge those liabilities. (5) This section does not apply in circumstances where the area to be added to the area of an Aboriginal Council consists of or includes the whole of an existing Aboriginal Council area.