45Registrar may issue certificate of incorporation

#### 45 Registrar may issue certificate of incorporation (1) Subject to this section, the Registrar, upon receipt of an application under section 43 for the incorporation under this Act of an Aboriginal association shall: (a) if the Registrar is satisfied that it is proper for him or her so to do, issue to the association a certificate of incorporation; or (b) if the Registrar is not satisfied, refuse to issue a certificate of incorporation and inform the association, in writing, of his or her refusal and of the reasons for that refusal. (2) Except as otherwise directed by the Minister, the Registrar shall refuse to issue a certificate of incorporation under this Act to an Aboriginal association if the proposed name of the association is an unauthorized name. (3) The Registrar must refuse to issue a certificate of incorporation to an Aboriginal association if satisfied that the Rules: (a) are unreasonable or inequitable; or (b) do not make sufficient provision (as required by section 58B) to give the members effective control over the running of the association. (3A) The Registrar must refuse to issue a certificate of incorporation to an Aboriginal association unless satisfied that: (a) if the association is formed wholly for business purposes—upon incorporation, it will have at least 5 members; or (b) if it is formed principally for the purpose of owning land or holding a leasehold interest in land—upon incorporation, it will have at least 5 members; or (c) in any other case—upon incorporation, it will have at least 25 members. (4) Where the Registrar refuses to issue a certificate of incorporation to an Aboriginal association, the Registrar shall: (a) notify the association, in writing, of his or her refusal; (b) set out in the notification the reason for his or her refusal; and (c) invite the committee of the association to make such changes in the application for incorporation or in the Rules accompanying the application for incorporation as will remove the grounds for refusal of the application and advise the Registrar, within the time specified in the notification, of any changes so made or, if the changes are not made, of reasons for the changes not being made. (5) Where the Registrar is notified, in accordance with subsection (4), of changes made in an application for incorporation or in the Rules accompanying an application for incorporation or of reasons for such changes not being made, the Registrar shall reconsider the application under subsection (1).