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Contents (1983 - 42)
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Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 24 September 2017 at 15:03)
Part 5 Division 5 Section 78B
78B   Certain persons must not be employed as chief executive officers
(1)  The following persons must not be or continue to be employed as the chief executive officer of a Local Aboriginal Land Council:
(a)  a person who is a Board member of the Council or a councillor,
(b)  a person who has a conviction in New South Wales or elsewhere for an offence relating to the management of a corporation that was recorded within the last 5 years,
(c)  a person who has a conviction in New South Wales for an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, that was recorded within the last 5 years,
(d)  a person who is disqualified from holding office in or being concerned in the management of a corporation under any law of this or any other State or Territory or the Commonwealth,
(e)  a person who has an interest in, or is an employee of or concerned in the management of, a corporation that receives a benefit from the Council,
(f)  a person who is already engaged as a consultant to the Council,
(g)  a person who is a member of staff of the New South Wales Aboriginal Land Council,
(h)  a person who has been dismissed on the recommendation of the former Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal or the Civil and Administrative Tribunal within the last 5 years,
(i)  a person who is disqualified under this Act from being a Board member or a councillor (other than on the grounds of employment by the Council or ceasing to be a voting member of a Local Aboriginal Land Council).
(2)  The Registrar may determine that an offence committed by a person should be ignored for the purposes of this section because of the time that has passed since the offence was committed or because of the triviality of the acts or omissions giving rise to the offence.
(3)  Despite subsection (1) (e), a person may, with the approval of the Board of a Local Aboriginal Land Council, be employed or continue to be employed as the chief executive officer of the Local Aboriginal Land Council, if the person would be prohibited merely because:
(a)  the person is concerned in the management of a corporation established, acquired, operated or managed in connection with an arrangement to which section 52C applies, or
(b)  the person is employed as the chief executive officer of another Local Aboriginal Land Council.