Victorian Numbered Acts

ADVANCING THE TREATY PROCESS WITH ABORIGINAL VICTORIANS ACT 2018 (NO. 28 OF 2018) - SECT 14

    (1)     The Minister may only revoke an Aboriginal Representative Body declaration if—

        (a)     the entity declared to be the Aboriginal Representative Body ceases to exist; or

        (b)     the Aboriginal Representative Body informs the Minister in writing that it is unable to perform its function under this Act; or

        (c)     the Minister is satisfied on reasonable grounds that—

              (i)     the Aboriginal Representative Body has committed misconduct; and

              (ii)     by reason of the misconduct, the Aboriginal Representative Body is unable to effectively perform its function under this Act; and

              (iii)     the Aboriginal Representative Body has failed to take reasonable steps to remedy the misconduct and to take all necessary steps to prevent further misconduct that are reasonably available.

    (2)     If the Minister revokes an Aboriginal Representative Body declaration, the Minister must give reasons for the decision in writing.

    (3)     If the Minister revokes an Aboriginal Representative Body declaration, the Minister, in the instrument of revocation, must provide for any transitional arrangements in relation to the activities of the Aboriginal Representative Body that are required until the Minister makes a subsequent Aboriginal Representative Body declaration.

    (4)     This section applies despite anything to the contrary in sections 27 and 41A of the Interpretation of Legislation Act 1984 .