VICIn ForceAct
Aboriginal Heritage Act 2006
156Suspension and revocation of registration
Start here
Get a plain-English read of 156
Turn the raw legal text into a practical explanation grounded in Aboriginal Heritage Act 2006.
156 Suspension and revocation of registration
(1) Subject to section 157, the Council may suspend or revoke the registration of a registered Aboriginal party if the Council believes on reasonable grounds that the party has failed to act in good faith—
(a) in relation to the consideration of or advice given on applications for cultural heritage permits; or
(b) in relation to the evaluation of a cultural heritage management plan; or
(c) in relation to the entering into or performance of a cultural heritage agreement; or
(d) in the discharge of any of its functions or the exercise of any of its powers under this Act.
S. 156(1A) inserted by No. 11/2016 s. 94(1).
(1A) Subject to section 157, the Council may suspend or revoke the registration of a registered Aboriginal party if the party contravenes a condition of registration imposed by the Council under section 154A.
(2) The registration of a registered Aboriginal party is revoked if—
S. 156(2)(a) amended by No. 11/2016 s. 94(2).
(a) the party ceases to be a body corporate or is not a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth at the end of the period referred to in section 158A; or
S. 156(2)(b) amended by No. 37/2022 s. 25.
(b) the party is placed under administration, other than special administration under Part 11‑2 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth, or goes into liquidation.
(3) The registration of a registered Aboriginal party in respect of an area or part of an area is revoked if—
(a) a registered native title holder is subsequently registered as a registered Aboriginal party for the area or that part of the area; and
S. 156(3)(b) amended by No. 11/2016 s. 94(3).
(b) a determination has been made that native title exists in the area or that part of the area (as the case requires), unless the registered Aboriginal party in respect of the area or part of the area is a registered native title holder.
S. 156(3A) inserted by No. 62/2010 s. 94.
(3A) The registration of a registered Aboriginal party in respect of an area or part of an area is revoked if a traditional owner group entity is subsequently registered under section 151(2A) as the registered Aboriginal party for the area or that part of the area.
(4) The Council must suspend or revoke the registration of a registered Aboriginal party at the request of the party.
(5) The Council must give written notice to the Secretary of a revocation under this section and the Secretary must make any necessary amendments to the Register.