Div 4BLimited intervention by Minister

Division 4B—Limited intervention by Minister 13N—Minister may direct Executive Board (1) If the Minister is satisfied that— (a) the Executive Board has refused or failed to exercise, perform or discharge a power, function or duty under the Act or the constitution; and (b) the refusal or failure has resulted in, or will result in, a detriment to Anangu generally, or to a substantial section of Anangu, the Minister may direct the Executive Board to take such action as the Minister requires to correct or prevent such detriment. (2) If the requirements of a direction under subsection (1) are not complied with, the Minister may take any action required by the direction. (3) Action taken by the Minister may be taken on the Minister's behalf by an employee of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act, or another person authorised by the Minister for the purpose. (4) A person must not hinder or obstruct the Minister or another person taking action under subsection (2). Maximum penalty: $5 000. (5) The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the Executive Board. (6) Anangu Pitjantjatjara Yankunytjatjara cannot claim compensation from the Minister or the Crown (or from any person acting under subsection (2)) in respect of any action taken under this section. 13O—Minister may suspend Executive Board (1) The Minister may, for any reason the Minister thinks fit, by notice in the Gazette, suspend the Executive Board for a period specified in the notice or until further notice in the Gazette. (1a) Without limiting subsection (1), the Minister should, unless the Minister considers it inappropriate to do so, advise Anangu Pitjantjatjara Yankunytjatjara and the Executive Board of the Minister's intention to suspend the Executive Board at least 7 days prior to the suspension taking effect. (2) Despite any other provision of this Act, if the Executive Board is suspended the following provisions apply: (a) the Minister may, by notice in the Gazette, appoint an Administrator, on terms and conditions determined by the Minister, to administer the affairs of Anangu Pitjantjatjara Yankunytjatjara in the name of, and on behalf of, Anangu Pitjantjatjara Yankunytjatjara during the period of the suspension; (b) the Administrator is entitled to remuneration, allowances and expenses determined by the Minister; (c) the Minister may remove a person from the office of Administrator for any reason the Minister thinks fit; (d) the office of Administrator becomes vacant if the Administrator— (i) dies; or (ii) completes a term of office; or (iii) resigns by written notice to the Minister; or (iv) is removed from office under paragraph (c); (e) the Minister may appoint a person to act as the Administrator— (i) during a vacancy in the office of Administrator; or (ii) when the Administrator is absent from, or unable to discharge, official duties; (f) the Administrator has all the functions and powers of Anangu Pitjantjatjara Yankunytjatjara; (g) in carrying out a function or exercising a power of Anangu Pitjantjatjara Yankunytjatjara, the Administrator is not bound by a resolution under section 9B(4) that is, in the opinion of the Administrator, inconsistent with the appointment of the Administrator (but, to avoid doubt, is otherwise bound by a resolution under that section); (h) the Public Sector (Honesty and Accountability) Act 1995 applies to the Administrator as if the Administrator were a senior official and the Minister administering this Act were the relevant Minister; (i) any liability incurred by the Administrator in the course of the administration will be paid or satisfied out of the funds of Anangu Pitjantjatjara Yankunytjatjara; (j) in any legal proceedings, an apparently genuine document purporting to bear the common seal of Anangu Pitjantjatjara Yankunytjatjara and the signature of the Administrator attesting the affixation of the seal will be presumed, in the absence of proof to the contrary, to have been duly executed by Anangu Pitjantjatjara Yankunytjatjara; (k) the Administrator must cause proper accounts to be kept of the financial affairs of Anangu Pitjantjatjara Yankunytjatjara and must cause the accounts of Anangu Pitjantjatjara Yankunytjatjara for each financial year to be audited by a registered company auditor; (l) to avoid doubt— (i) the Administrator must, in the course of the administration, endeavour to advance the interests of Anangu at all times; (ii) the Administrator must comply with section 4(2) and section 7 and any other provision of this Act that requires consultation with, or a resolution of, Anangu Pitjantjatjara Yankunytjatjara. (3) An Administrator appointed under this section must, as soon as is reasonably practicable after each prescribed period of his or her appointment, prepare and submit to both Houses of Parliament a report on the operations of the Administrator and Anangu Pitjantjatjara Yankunytjatjara during the prescribed period. (4) In this section— prescribed period means— (a) if the Administrator is appointed for a period of less than 6 months—the period of the Administrator's appointment; or (b) in any other case—6 months. 13P—Use of facilities An Administrator may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of— (a) an administrative unit in the Public Service; or (b) a public authority. 13Q—Offences A person who— (a) hinders or obstructs an Administrator, or a person assisting an Administrator, in the exercise of powers or functions under this Act; or (b) falsely represents, by words or conduct, that he or she is assisting an Administrator in the exercise of powers or functions under this Act, Maximum penalty: $5 000.