27Amalgamation of 2 or more Aboriginal Council areas etc.

#### 27 Amalgamation of 2 or more Aboriginal Council areas etc. (1) Where the Registrar is satisfied: (a) that a substantial majority of adult Aboriginals living in each of 2 or more Aboriginal Council areas: (i) is in favour of the amalgamation of those areas to form 1 Aboriginal Council area and the establishment of an Aboriginal Council for that area; (ii) is agreed on the functions to be performed by the proposed Aboriginal Council; and (iii) is agreed on an appropriate name for the proposed Aboriginal Council area; (b) that the proposed Aboriginal Council area is an appropriate area for the operation of an Aboriginal Council having the functions proposed; and (c) that, having regard to the needs and resources of the Aboriginals living in the proposed Aboriginal Council area, the proposed Aboriginal Council could effectively perform the proposed functions; the Registrar may make a recommendation to the Minister that effect be given to the views of those majorities. (2) Where a recommendation is made to the Minister under subsection (1), the Minister, if he or she is satisfied that it is proper so to do, may, by notice published in the Gazette, constitute the proposed Aboriginal Council area as an Aboriginal Council area under the name specified in the recommendation. (3) By force of this subsection, on the publication of a notice under subsection (2): (a) the Aboriginal Council areas included in the newly constituted Aboriginal Council area cease to be constituted as Aboriginal Council areas and the Aboriginal Councils for those areas (in this section referred to as the former Councils) cease to exist; (b) all rights, property and assets that, immediately before the date of that publication, were vested in the former Councils are vested in the Aboriginal Council for the Aboriginal Council area constituted by the notice (in this section referred to as the new Council); and (c) the new Council becomes liable to pay and discharge all the duties, liabilities and obligations of the former Councils, being the duties, liabilities and obligations that existed immediately before that date. (4) Any agreement or instrument subsisting immediately before the date of publication of a notice under subsection (2) to which any of the former Councils was a party has effect, on and after that date, as if: (a) the new Council were substituted for that former Council as a party to the agreement or instrument; and (b) any reference in the agreement or instrument to that former Council were (except in relation to matters that occurred before that date) a reference to the new Council. (5) Where: (a) the title to an estate or interest in land held by any of the former Councils is, by virtue of subsection (3), vested in the new Council; and (b) that estate or interest is registered in the name of that former Council in the Register Book kept under a law relating to the transfer of land in force in the State or Territory in which the land is situated; the Registrar may lodge with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory a certificate signed by the Registrar certifying that that estate or interest is so vested and the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of that estate or interest duly executed under the laws in force in the State or Territory.