Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this Act:
"representative Aboriginal organisation" means an entity declared under subsection (8).
(2) Before declaring criteria under subsection (3), the Minister must consult—
(a) Aboriginal people whom the Minister is satisfied have a traditional affiliation with land; and
(b) the council.
(3) The Minister may declare criteria for deciding whether an entity should be declared to be a representative Aboriginal organisation.
(4) A declaration under subsection (3) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(5) For this section, the Minister must invite expressions of interest from entities willing to be declared under subsection (8).
(6) The notice under subsection (5) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(7) The Minister must give additional public notice of the notice under subsection (5).
Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act
, dict, pt 1). The requirement in s (7) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(8) The Minister may declare an entity to be a representative Aboriginal organisation.
Note The power to make a declaration includes the power to amend or repeal the declaration. The power to amend or repeal the declaration is exercisable in the same way, and subject to the same conditions, as the power to make the declaration (see Legislation Act
, s 46).
(9) However, the Minister may make a declaration under subsection (8) only if satisfied that the entity satisfies the criteria (if any) declared under subsection (3).
(10) A declaration under subsection (8) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.