174Rectification of Register

#### 174 Rectification of Register 174 Rectification of Register (cf former section 49F) > > (1) The Registrar may amend information on, remove information from or otherwise rectify the Register of Aboriginal Owners in accordance with this section. > > > (1A) The Registrar may amend information on, or remove information from, the Register of Aboriginal Owners if the Registrar considers the information is false, erroneous or misleading. > > > (1B) Before amending or removing information relating to an Aboriginal person under subsection (1A), the Registrar must give the Aboriginal person— > > > > > (a) written notice of the proposed change, and > > > > > (b) an opportunity to make submissions in relation to the proposed change. > > > (1C) The Registrar may rectify the Register of Aboriginal Owners at the request of an Aboriginal person who— > > > > > (a) considers the Aboriginal person’s name has been wrongly entered on or omitted from the Register, or > > > > > (b) considers an amendment made by the Registrar under subsection (1A) is incorrect. > > > (2) An Aboriginal person who has made a request under subsection (1C) may appeal to the Court if the Registrar fails or refuses to rectify the Register in the manner requested within 6 months after the making of the request. > > > (3) On the hearing of an appeal under this section, the Court may— > > > > > (a) order the Registrar to rectify the Register, or > > > > > (b) decline to order that the Register be rectified, or > > > > > (c) make such other order as to the Court appears appropriate. > > > (4) An appeal is to be made within the time and in the manner provided by the rules of the Court. > > > (5) The Registrar has the right to appear and be heard by the Court in the appeal proceedings. > > > (6) In deciding an appeal, the Court— > > > > > (a) has the functions and discretions of the Registrar under this Part, and > > > > > (b) is not bound by the rules of evidence and may inform itself on any matter in any way that the Court considers to be just. > > > (7) A decision of the Court on an appeal is final and is to be given effect to as if it were the decision of the Registrar. > > > (8) The Court may award costs in an appeal under this section in exceptional circumstances only. > > **s 174:** Ins 2001 No 118, Sch 1 \[17\]. Am 2022 No 68, Sch 4.1\[30\] \[31\].